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 addi-
tion to the Committee on Armed Services, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions 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 pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may cited as the ‘‘Ultralight Aircraft Smug-
gling Prevention Act of 2012’’. 
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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 sub-
section (h); and 
(2) by inserting after subsection (f) the fol-
lowing: 
‘‘(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 insert-
ing ‘‘, or attempts or conspires to commit,’’ after ‘‘com-
mits’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section apply with respect to violations of any provi-
sion of section 590 of the Tariff Act of 1930 on or after 
the 30th day after the date of the enactment of this Act. 
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SEC. 3. INTERAGENCY COLLABORATION. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The Department of Defense has worked col-
laboratively with the Department of Homeland Secu-
rity to identify equipment, technology, and expertise 
used by the Department of Defense that could be le-
veraged by the Department of Homeland Security to 
help fulfill its missions. 
(2) As part of that collaborative effort, the De-
partment of Homeland Security has leveraged De-
partment of Defense equipment, technology, and ex-
pertise 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 equip-
ment, 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 Con-
gress that the Secretary of Defense should— 
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(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 tech-
nology used by the Department of Defense that 
could also be used by U.S. Customs and Border Pro-
tection to enhance its efforts to combat illicit traf-
ficking 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. 
Æ 
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