IIB 

112TH CONGRESS 

1ST SESSION H. R. 386 

IN THE SENATE OF THE UNITED STATES 

MARCH 1, 2011 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

To amend title 18, United States Code, to provide penalties 

for aiming laser pointers at airplanes, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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HR 386 RFS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Securing Aircraft 

3 Cockpits Against Lasers Act of 2011’’. 

4 SEC. 2. PROHIBITION AGAINST AIMING A LASER POINTER 

5 AT AN AIRCRAFT. 

6 (a) OFFENSE.—Chapter 2 of title 18, United States 

7 Code, is amended by inserting after section 39 the fol8 lowing: 

9 ‘‘§ 39A. Aiming a laser pointer at an aircraft 

10 ‘‘(a) Whoever knowingly aims the beam of a laser 

11 pointer at an aircraft in the special aircraft jurisdiction 

12 of the United States, or at the flight path of such an air13 craft, shall be fined under this title or imprisoned not 

14 more than 5 years, or both. 

15 ‘‘(b) As used in this section, the term ‘laser pointer’ 

16 means any device designed or used to amplify electro17 magnetic radiation by stimulated emission that emits a 

18 beam designed to be used by the operator as a pointer 

19 or highlighter to indicate, mark, or identify a specific posi20 tion, place, item, or object. 

21 ‘‘(c) This section does not prohibit aiming a beam 

22 of a laser pointer at an aircraft, or the flight path of such 

23 an aircraft, by— 

24 ‘‘(1) an authorized individual in the conduct of 

25 research and development or flight test operations 

26 conducted by an aircraft manufacturer, the Federal 


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HR 386 RFS 

1 Aviation Administration, or any other person author2 ized by the Federal Aviation Administration to con3 duct such research and development or flight test 

4 operations; 

5 ‘‘(2) members or elements of the Department of 

6 Defense or Department of Homeland Security acting 

7 in an official capacity for the purpose of research, 

8 development, operations, testing or training; or 

9 ‘‘(3) by an individual using a laser emergency 

10 signaling device to send an emergency distress sig11 nal. 

12 ‘‘(d) The Attorney General, in consultation with the 

13 Secretary of Transportation, may provide by regulation, 

14 after public notice and comment, such additional excep15 tions to this section, as may be necessary and appropriate. 

16 The Attorney General shall provide written notification of 

17 any proposed regulations under this section to the Com18 mittees on the Judiciary of the House and Senate, the 

19 Committee on Transportation and Infrastructure in the 

20 House, and the Committee on Commerce, Science and 

21 Transportation in the Senate not less than 90 days before 

22 such regulations become final.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of chapter 2 of title 18, United States 


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HR 386 RFS 

1 Code, is amended by inserting after the item relating to 

2 section 39 the following new item: 

‘‘39A. Aiming a laser pointer at an aircraft.’’. 

3 SEC. 3. COMPLIANCE WITH PAYGO. 

4 The budgetary effects of this Act, for the purpose of 

5 complying with the Statutory Pay-As-You-Go Act of 2010, 

6 shall be determined by reference to the latest statement 

7 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

8 Act, submitted for printing in the Congressional Record 

9 by the Chairman of the Committee on the Budget of the 

10 House of Representatives, provided that such statement 

11 has been submitted prior to the vote on passage. 

Passed the House of Representatives February 28, 

2011. 

Attest: KAREN L. HAAS, 

Clerk. 


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