H.R. 3801
1-25-12, House Passed Bill 408-0
(2/3 Required)
1-26-12, Senate Passed Bill by Unanimous Consent
1-30-12, Sent to President Obama
One Hundred Twelfth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
An Act
To amend the Tariff Act of 1930 to clarify the definition of aircraft
and the offenses penalized under the aviation smuggling provisions under that
Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may cited as the `Ultralight Aircraft Smuggling Prevention Act of
2012'.
SEC. 2. CLARIFICATION OF DEFINITION OF AIRCRAFT AND OFFENSES UNDER AVIATION
SMUGGLING PROVISIONS OF THE TARIFF ACT OF 1930.
(a) In General- Section 590 of the Tariff Act of 1930 (19 U.S.C. 1590) is
amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
`(g) Definition of Aircraft- In this section, the term `aircraft'--
`(1) has the meaning given that term in section 40102 of title 49, United
States Code; and
`(2) includes a vehicle described in section 103.1 of title 14, Code of
Federal Regulations.'.
(b) Criminal Penalties- Subsection (d) of section 590 of the Tariff Act of
1930 (19 U.S.C. 1590(d)) is amended in the matter preceding paragraph (1)
by inserting `, or attempts or conspires to commit,' after `commits'.
(c) Effective Date- The amendments made by this section apply with respect
to violations of any provision of section 590 of the Tariff Act of 1930 on
or after the 30th day after the date of the enactment of this Act.
SEC. 3. INTERAGENCY COLLABORATION.
(a) Findings- Congress makes the following findings:
(1) The Department of Defense has worked collaboratively with the Department
of Homeland Security to identify equipment, technology, and expertise used
by the Department of Defense that could be leveraged by the Department of
Homeland Security to help fulfill its missions.
(2) As part of that collaborative effort, the Department of Homeland Security
has leveraged Department of Defense equipment, technology, and expertise
to enhance the ability of U.S. Customs and Border Protection to detect,
track, and engage illicit trafficking across the international borders between
the United States and Mexico and the United States and Canada.
(3) Leveraging Department of Defense equipment, technology, and expertise
is a cost-effective inter-agency approach to enhancing the effectiveness
of the Department of Homeland Security to protect the United States against
a variety of threats and risks.
(b) Sense of Congress- It is the sense of Congress that the Secretary of Defense
should--
(1) continue the broad program of cooperation and collaboration with the
Secretary of Homeland Security described in subsection (a); and
(2) ensure that the Department of Homeland Security is able to identify
equipment and technology used by the Department of Defense that could also
be used by U.S. Customs and Border Protection to enhance its efforts to
combat illicit trafficking across the international borders between the
United States and Mexico and the United States and Canada, including equipment
and technology that could be used to detect and track the illicit use of
ultralight aircraft.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END