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[House Report 110-149]
[From the U.S. Government Publishing Office]

110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-149

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               SECURING AIRCRAFT COCKPITS AGAINST LASERS 
                              ACT OF 2007

                                _______
                                

  May 14, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Conyers, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1615]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 1615) to amend title 18, United States Code, to provide 
penalties for aiming laser pointers at airplanes, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     4
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     4
Performance Goals and Objectives.................................     5
Constitutional Authority Statement...............................     5
Advisory on Earmarks.............................................     5
Section-by-Section Analysis......................................     5
Changes in Existing Law Made by the Bill, as Reported............     6

                             The Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing Aircraft Cockpits Against 
Lasers Act of 2007''.

SEC. 2. PROHIBITION AGAINST AIMING A LASER POINTER AT AN AIRCRAFT.

    (a) Offense.--Chapter 2 of title 18, United States Code, is amended 
by adding at the end the following:

``Sec. 39A. Aiming a laser pointer at an aircraft

    ``(a) Whoever knowingly aims the beam of a laser pointer at an 
aircraft in the special aircraft jurisdiction of the United States, or 
at the flight path of such an aircraft, shall be fined under this title 
or imprisoned not more than 5 years, or both.
    ``(b) As used in this section, the term `laser pointer' means any 
device designed or used to amplify electromagnetic radiation by 
stimulated emission that emits a beam designed to be used by the 
operator as a pointer or highlighter to indicate, mark, or identify a 
specific position, place, item, or object.
    ``(c) This section does not prohibit aiming a beam of a laser 
pointer at an aircraft, or the flight path of such an aircraft, by--
            ``(1) an authorized individual in the conduct of research 
        and development or flight test operations conducted by an 
        aircraft manufacturer, the Federal Aviation Administration, or 
        any other person authorized by the Federal Aviation 
        Administration to conduct such research and development or 
        flight test operations;
            ``(2) members or elements of the Department of Defense or 
        Department of Homeland Security acting in an official capacity 
        for the purpose of research, development, operations, testing 
        or training; or
            ``(3) by an individual using a laser emergency signaling 
        device to send an emergency distress signal.
    ``(d) The Attorney General, in consultation with the Secretary of 
Transportation, may provide by regulation, after public notice and 
comment, such additional exceptions to this section, as may be 
necessary and appropriate. The Attorney General shall provide written 
notification of any proposed regulations under this section to the 
Committees on the Judiciary of the House and Senate, the Committee on 
Transportation and Infrastructure in the House, and the Committee on 
Commerce, Science and Transportation in the Senate not less than 90 
days before such regulations become final.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 2 of title 18, United States Code, is amended by adding at the 
end the following new item:

``39A. Aiming a laser pointer at an aircraft.''.

                          Purpose and Summary

    H.R. 1615, the ``Securing Aircraft Cockpits Against Lasers 
Act of 2007,'' amends title 18 of the United States Code to 
provide for the imposition of criminal penalties for any 
individual who knowingly aims a laser pointer at an aircraft 
within the special aircraft jurisdiction of the United States, 
or at its flight path--a practice that, particularly at the 
critical stages of take-off and landing, creates a serious 
threat to public safety and aviation security. The penalties 
include fines and imprisonment of up to 5 years.

                Background and Need for the Legislation

    Lasers, when aimed at an aircraft, can pose a serious 
public safety hazard and threat to aviation security. The 
focused beams of a laser light are powerful, even at extended 
distances. Brief exposure, sometimes for just a fraction of a 
second, to a laser beam can cause discomfort and temporary 
visual impairments such as glare, flashblinding, and 
afterimages.\1\ These visual distractions can induce spatial 
disorientation or loss of situational awareness in a pilot. The 
National Transportation Safety Board, for example, documented 
two instances in which pilots sustained eye injuries and were 
incapacitated during critical phases of a flight.\2\
---------------------------------------------------------------------------
    \1\ Van B. Nakagawara and Ronald W. Montgomery, Laser Pointers: 
Their Potential Effects on Vision and Aviation Safety, Federal Aviation 
Administration, Office of Aerospace (Apr. 2001); see also Bart Elias, 
Congressional Research Service Report RS22033, Lasers Aimed at Aircraft 
Cockpits: Background and Possible Options to Address the Threat to 
Aviation Safety and Security (Dec. 21, 2005).
    \2\ National Transportation Safety Board, Safety Recommendation 
Letter-Safety Recommendations A-97-13 through 15.
---------------------------------------------------------------------------
    According to the Federal Aviation Administration, there 
have been more than 400 incidents in which pilots have been 
startled, distracted, temporarily blinded, or disoriented by 
laser exposure since 1990.\3\ In January 2005, responding to 
concerns regarding this escalating problem, the FAA issued an 
advisory to pilots instructing them to immediately report laser 
beams directed at their aircraft.\4\ The recent rash of 
incidents involving lasers aimed at aircraft cockpits is 
compounded by the concern that the low cost of handheld laser 
devices could lead to even more incidents in the future.
---------------------------------------------------------------------------
    \3\  Press Release, U.S. Dep't of Transportation, U.S. Secretary of 
Transportation Norman Y. Mineta Announces New Laser Warning and 
Reporting System for Pilots, Measures to Safeguard Pilots and 
Passengers, Support Timely Enforcement (Jan. 12, 2005), at http://
www.dot.gov/affairs/dot0805.htm.
    \4\ U.S. Dep't of Transportation--Federal Aviation Administration, 
Advisory Circular 70-2, Reporting of Laser Illumination of Aircraft 
(Jan. 11, 2005).
---------------------------------------------------------------------------
    H.R. 1615, the ``Securing Aircraft Cockpits Against Lasers 
Act of 2007,'' responds to this serious problem by amending 
title 18 of the United States Code to provide for the 
imposition of criminal penalties on a individual who knowingly 
aims the beam of a laser pointer \5\ at an aircraft within the 
special aircraft jurisdiction of the United States or at the 
flight path of such an aircraft. These penalties include fines 
and imprisonment of up to 5 years.
---------------------------------------------------------------------------
    \5\ H.R. 1615 defines ``laser pointer'' as any device designed or 
used to amplify electromagnetic radiation by stimulated emission that 
emits a beam designed to be used by the operator as a pointer or 
highlighter to indicate, mark, or identify a specific position, place, 
item, or object.
---------------------------------------------------------------------------
    The imposition of criminal penalties to punish and deter 
this dangerous behavior is only a partial solution. Steps such 
as educating the public regarding the risks of lasers to 
aviation security, and product warning labels, for example, 
could also play a significant role in addressing this problem.

                                Hearings

    The Committee's Subcommittee on Crime, Terrorism, and 
Homeland Security held 1 day of hearings on H.R. 1615 on May 1, 
2007. Testimony was received from Representative Ric Keller (R-
FL), the bill's principal sponsor.

                        Committee Consideration

    On May 2, 2007, the Committee met in open session and 
ordered the bill, H.R. 1615, favorably reported with an 
amendment, by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 1615.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 1615, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 7, 2007.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1615, the Securing 
Aircraft Cockpits Against Lasers Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                           Peter R. Orszag,
                                                  Director.

Enclosure

cc:
        Honorable Lamar S. Smith.
        Ranking Member
H.R. 1615--Securing Aircraft Cockpits Against Lasers Act of 2007.
    CBO estimates that implementing H.R. 1615 would have no 
significant cost to the federal government. Enacting the bill 
could affect direct spending and revenues, but CBO estimates 
that any such effects would not be significant.
    H.R. 1615 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of State, local, or tribal 
governments.
    H.R. 1615 would establish a new Federal crime for aiming 
the beam of a laser pointer at an aircraft or at the aircraft's 
flight path. Because the bill would establish a new offense, 
the government would be able to pursue cases that it otherwise 
would not be able to prosecute. We expect that H.R. 1615 would 
apply to a relatively small number of offenders, however, so 
any increase in costs for law enforcement, court proceedings, 
or prison operations would not be significant. Any such costs 
would be subject to the availability of appropriated funds.
    Because those prosecuted and convicted under H.R. 1615 
could be subject to criminal fines, the Federal Government 
might collect additional fines if the legislation is enacted. 
Criminal fines are recorded as revenues, then deposited in the 
Crime Victims Fund and later spent. CBO expects that any 
additional revenues and direct spending would not be 
significant because of the small number of cases likely to be 
affected.
    The CBO staff contact for this estimate is Mark Grabowicz, 
who can be reached at 226-2860. This estimate was approved by 
Peter H. Fontaine, Deputy Assistant Director for Budget 
Analysis.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
1615, as amended, is intended to punish and deter the practice 
of knowingly aiming laser beams at aircraft.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article 1, section 8, clause 3 of the 
Constitution.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 1615 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec. 1. Short title. Section 1 sets forth the short title 
of the bill as ``Securing Aircraft Cockpits Against Lasers Act 
of 2007.''
    Sec. 2. Prohibition Against Aiming A Laser Pointer At An 
Aircraft. Section 2 makes it a crime to knowingly aim the beam 
of a laser pointer at an aircraft in the special aircraft 
jurisdiction of the United States or at the flight path of such 
aircraft. An individual convicted of this crime is subject to 
criminal fines or imprisonment up to 5 years. This provision 
does not apply to: (1) individuals conducting research and 
development or flight test operations for an aircraft 
manufacturer or the Federal Aviation Administration; (2) 
Department of Defense or Department of Homeland Security 
personnel conducting research, development, operations, testing 
or training; or (3) an individual using a laser emergency 
signaling device to send a distress signal.
    Section 2 authorizes the Attorney General, in consultation 
with the Secretary of Transportation, to provide by regulation, 
after public notice and comment, additional exceptions to this 
provision as necessary and appropriate. The Attorney General 
must give written notice of any such proposed regulations to 
the House and Senate Committees on the Judiciary as well as 
other specified committees.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                      TITLE 18, UNITED STATES CODE

           *       *       *       *       *       *       *
PART I--CRIMES

           *       *       *       *       *       *       *

                 CHAPTER 2--AIRCRAFT AND MOTOR VEHICLES

Sec.
31.    Definitions.
     * * * * * * *
39A.   Aiming a laser pointer at an aircraft.

           *       *       *       *       *       *       *

Sec. 39A. Aiming a laser pointer at an aircraft

    (a) Whoever knowingly aims the beam of a laser pointer at 
an aircraft in the special aircraft jurisdiction of the United 
States, or at the flight path of such an aircraft, shall be 
fined under this title or imprisoned not more than 5 years, or 
both.
    (b) As used in this section, the term ``laser pointer'' 
means any device designed or used to amplify electromagnetic 
radiation by stimulated emission that emits a beam designed to 
be used by the operator as a pointer or highlighter to 
indicate, mark, or identify a specific position, place, item, 
or object.
    (c) This section does not prohibit aiming a beam of a laser 
pointer at an aircraft, or the flight path of such an aircraft, 
by--
            (1) an authorized individual in the conduct of 
        research and development or flight test operations 
        conducted by an aircraft manufacturer, the Federal 
        Aviation Administration, or any other person authorized 
        by the Federal Aviation Administration to conduct such 
        research and development or flight test operations;
            (2) members or elements of the Department of 
        Defense or Department of Homeland Security acting in an 
        official capacity for the purpose of research, 
        development, operations, testing or training; or
            (3) by an individual using a laser emergency 
        signaling device to send an emergency distress signal.
    (d) The Attorney General, in consultation with the 
Secretary of Transportation, may provide by regulation, after 
public notice and comment, such additional exceptions to this 
section, as may be necessary and appropriate. The Attorney 
General shall provide written notification of any proposed 
regulations under this section to the Committees on the 
Judiciary of the House and Senate, the Committee on 
Transportation and Infrastructure in the House, and the 
Committee on Commerce, Science and Transportation in the Senate 
not less than 90 days before such regulations become final.

           *       *       *       *       *       *       *

                                  
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