I 

112TH CONGRESS 

2D SESSION H. R. 3801 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 23, 2012 

Ms. GIFFORDS (for herself and Mr. FLAKE) introduced the following bill; 

which was referred to the Committee on Ways and Means, and in addition to the Committee on Armed Services, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may cited as the ‘‘Ultralight Aircraft Smug5 gling Prevention Act of 2012’’. 


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1 SEC. 2. CLARIFICATION OF DEFINITION OF AIRCRAFT AND 

2 OFFENSES UNDER AVIATION SMUGGLING 

3 PROVISIONS OF THE TARIFF ACT OF 1930. 

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

5 1930 (19 U.S.C. 1590) is amended— 

6 (1) by redesignating subsection (g) as sub7 section (h); and 

8 (2) by inserting after subsection (f) the fol9 lowing: 

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

11 term ‘aircraft’— 

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

13 40102 of title 49, United States Code; and 

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

15 103.1 of title 14, Code of Federal Regulations.’’. 

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

17 590 of the Tariff Act of 1930 (19 U.S.C. 1590(d)) is 

18 amended in the matter preceding paragraph (1) by insert19 ing ‘‘, or attempts or conspires to commit,’’ after ‘‘com20 mits’’. 

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

22 this section apply with respect to violations of any provi23 sion of section 590 of the Tariff Act of 1930 on or after 

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


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1 SEC. 3. INTERAGENCY COLLABORATION. 

2 (a) FINDINGS.—Congress makes the following find3 ings: 

4 (1) The Department of Defense has worked col5 laboratively with the Department of Homeland Secu6 rity to identify equipment, technology, and expertise 

7 used by the Department of Defense that could be le8 veraged by the Department of Homeland Security to 

9 help fulfill its missions. 

10 (2) As part of that collaborative effort, the De11 partment of Homeland Security has leveraged De12 partment of Defense equipment, technology, and ex13 pertise to enhance the ability of U.S. Customs and 

14 Border Protection to detect, track, and engage illicit 

15 trafficking across the international borders between 

16 the United States and Mexico and the United States 

17 and Canada. 

18 (3) Leveraging Department of Defense equip19 ment, technology, and expertise is a cost-effective 

20 inter-agency approach to enhancing the effectiveness 

21 of the Department of Homeland Security to protect 

22 the United States against a variety of threats and 

23 risks. 

24 (b) SENSE OF CONGRESS.—It is the sense of Con25 gress that the Secretary of Defense should— 


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1 (1) continue the broad program of cooperation 

2 and collaboration with the Secretary of Homeland 

3 Security described in subsection (a); and 

4 (2) ensure that the Department of Homeland 

5 Security is able to identify equipment and tech6 nology used by the Department of Defense that 

7 could also be used by U.S. Customs and Border Pro8 tection to enhance its efforts to combat illicit traf9 ficking across the international borders between the 

10 United States and Mexico and the United States 

11 and Canada, including equipment and technology 

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

13 of ultralight aircraft. 

Æ 


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