II 

112TH CONGRESS 

2D SESSION H. R. 3801 

IN THE SENATE OF THE UNITED STATES 

JANUARY 26, 2012 

Received 

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. 

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


tkelley on DSK3SPTVN1PROD with BILLS
2 

HR 3801 RDS

1 SECTION 1. SHORT TITLE. 

2 This Act may cited as the ‘‘Ultralight Aircraft Smug3 gling Prevention Act of 2012’’. 

4 SEC. 2. CLARIFICATION OF DEFINITION OF AIRCRAFT AND 

5 OFFENSES UNDER AVIATION SMUGGLING 

6 PROVISIONS OF THE TARIFF ACT OF 1930. 

7 (a) IN GENERAL.—Section 590 of the Tariff Act of 

8 1930 (19 U.S.C. 1590) is amended— 

9 (1) by redesignating subsection (g) as sub10 section (h); and 

11 (2) by inserting after subsection (f) the fol12 lowing: 

13 ‘‘(g) DEFINITION OF AIRCRAFT.—In this section, the 

14 term ‘aircraft’— 

15 ‘‘(1) has the meaning given that term in section 

16 40102 of title 49, United States Code; and 

17 ‘‘(2) includes a vehicle described in section 

18 103.1 of title 14, Code of Federal Regulations.’’. 

19 (b) CRIMINAL PENALTIES.—Subsection (d) of section 

20 590 of the Tariff Act of 1930 (19 U.S.C. 1590(d)) is 

21 amended in the matter preceding paragraph (1) by insert22 ing ‘‘, or attempts or conspires to commit,’’ after ‘‘com23 mits’’. 

24 (c) EFFECTIVE DATE.—The amendments made by 

25 this section apply with respect to violations of any proviVerDate Mar 15 2010 23:00 Jan 26, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3801.RDS H3801

tkelley on DSK3SPTVN1PROD with BILLS
3 

HR 3801 RDS

1 sion of section 590 of the Tariff Act of 1930 on or after 

2 the 30th day after the date of the enactment of this Act. 

3 SEC. 3. INTERAGENCY COLLABORATION. 

4 (a) FINDINGS.—Congress makes the following find5 ings: 

6 (1) The Department of Defense has worked col7 laboratively with the Department of Homeland Secu8 rity to identify equipment, technology, and expertise 

9 used by the Department of Defense that could be le10 veraged by the Department of Homeland Security to 

11 help fulfill its missions. 

12 (2) As part of that collaborative effort, the De13 partment of Homeland Security has leveraged De14 partment of Defense equipment, technology, and ex15 pertise to enhance the ability of U.S. Customs and 

16 Border Protection to detect, track, and engage illicit 

17 trafficking across the international borders between 

18 the United States and Mexico and the United States 

19 and Canada. 

20 (3) Leveraging Department of Defense equip21 ment, technology, and expertise is a cost-effective 

22 inter-agency approach to enhancing the effectiveness 

23 of the Department of Homeland Security to protect 

24 the United States against a variety of threats and 

25 risks. 


tkelley on DSK3SPTVN1PROD with BILLS
4 

HR 3801 RDS

1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that the Secretary of Defense should— 

3 (1) continue the broad program of cooperation 

4 and collaboration with the Secretary of Homeland 

5 Security described in subsection (a); and 

6 (2) ensure that the Department of Homeland 

7 Security is able to identify equipment and tech8 nology used by the Department of Defense that 

9 could also be used by U.S. Customs and Border Pro10 tection to enhance its efforts to combat illicit traf11 ficking across the international borders between the 

12 United States and Mexico and the United States 

13 and Canada, including equipment and technology 

14 that could be used to detect and track the illicit use 

15 of ultralight aircraft. 

Passed the House of Representatives January 25, 

2012. 

Attest: KAREN L. HAAS, 

Clerk. 


tkelley on DSK3SPTVN1PROD with BILLS