To amend title 18, United States Code, to provide penalties for aiming laser pointers at airplanes, and for other purposes.

SA 8. Mr. WHITEHOUSE (for himself, Mr. Kirk, and Mrs. Boxer)
submitted an amendment intended to be proposed by him to the bill S.
223, to modernize the air traffic control system, improve the safety,
reliability, and availability of transportation by air in the United
States, provide modernization of the air traffic control system,
reauthorize the Federal Aviation Administration, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of title VII, add the following:

SEC. 733. 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 Senate and the House of Representatives, the
Committee on Commerce, Science and Transportation of the
Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives, 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 inserting after the item relating to section 39
the following new item:

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