H. R. 3801 

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 
H. R. 3801—2 

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.