Securing Aircraft Cockpits

Floor Speech

Mr. WHITEHOUSE. Madam President, this February I joined with colleagues from both sides of the aisle to offer an amendment to the FAA Air Transportation Modernization and Safety Act to secure aircraft cockpits by making it a Federal criminal offense to knowingly aim the beam of a laser at an aircraft. Our commonsense and bipartisan amendment to protect passengers and pilots received overwhelming support in this body, and was agreed to by a vote of 96 to 1. A similar measure subsequently passed the House, without controversy, by voice vote under the suspension rules. Unfortunately, the larger bill to which my amendment was attached has been held up because of unrelated issues. As a result, today I am joining with Senators KIRK, BOXER, and FEINSTEIN to re-introduce this provision as a stand-alone bill.

When targeted at aircraft, laser pointer strikes can instantly flash throughout the cockpit, temporarily blinding the pilot and crew. One pilot described the feeling of being hit by a laser like this: ``It immediately [lit] up the whole cockpit and it hit both of my eyes and burned both of my corneas. Instantly, I was blinded. It felt like I was hit in the face with a baseball bat--just an intense, burning pain.'' FAA Administrator Randy Babbitt warned that lasers can ``damage a pilot's eyes or cause temporary blindness.'' In an event on this topic held last year at T.F. Green Airport in my home state of Rhode Island, a pilot explained that the temporary blindness from a laser hit can last several seconds or longer, and when a plane is rapidly approaching the ground for landing, ``one second can make a big difference.''

This kind of threat to a pilot's sight--particularly during the critical phases of takeoff and landing--poses an unacceptable risk to the travelling public, our pilots and crew, and citizens on the ground. Secretary of Transportation Ray LaHood has thus described laser incidents as ``a serious safety issue.''

The problem has grown in recent years. According to a report earlier this year by the Federal Aviation Administration, 2,836 pilots reported they were targeted with lasers in 2010, nearly double the number in 2009. These strikes occur at airports all across the country. At T.F. Green Airport, for example, there were 12 such reported incidents last year. The threat, which puts interstate commerce and travel at risk, requires attention at the national level.

Current Federal law does not provide prosecutors with sufficient tools to prosecute and deter this dangerous conduct. Ill-fitting existing statutes can only be used in limited cases, leaving even identified perpetrators to go unpunished. My legislation would solve this problem by creating a criminal offense that clearly covers this harmful conduct. It would explicitly criminalize knowingly aiming the beam of a laser pointer at an aircraft. Violations would lead to punishment of imprisonment for up to 5 years or fines up to $250,000. The bill would exempt valid uses of laser pointers in the aviation context, such as designated research and development activities, flight test operations, training, and emergency signaling. Prosecutors thus would have a new valuable tool to protect air safety without any burden being imposed on legitimate use of lasers.

I thank Senators KIRK, BOXER, and FEINSTEIN for their leadership on this issue, and our partners in the House for their work. I hope Senators from both sides of the aisle will join me in enacting this legislation to protect American aviation.

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