Ultralight Aircraft Smuggling Prevention Act of 2012

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Ultralight Aircraft Smuggling Prevention Act of 2012 - Amends the Tariff Act of 1930 with respect to aviation smuggling to extend its coverage of aircraft to: (1) any contrivance invented, used, or designed to navigate, or fly in, the air; and (2) ultralight vehicles.

Subjects attempts or conspiracies to commit aviation smuggling to specified criminal penalties.

Expresses the sense of Congress that the Secretary of Defense (DOD) should continue the broad program of cooperation with the Secretary of Homeland Security to identify DOD equipment, technology, and expertise that could be leveraged by Department of Homeland Security (DHS) to fulfill its missions. Urges DOD especially to ensure that DHS can identify DOD equipment and technology that could also be used by the U.S. Customs and Border Protection (CBP) to combat illicit trafficking across the international borders between the United States and Mexico and the United States and Canada, including any that could be used to detect and track the illicit use of ultralight aircraft.

[112th Congress Public Law 93]
[From the U.S. Government Publishing Office]



[[Page 126 STAT. 8]]

Public Law 112-93
112th Congress

                                 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. <<NOTE: Feb. 10, 2012 -  [H.R. 
                                3801]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Ultralight 
Aircraft Smuggling Prevention Act of 2012. 19 USC 1654 note.>> 
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) <<NOTE: 19 USC 1590 note.>>  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

[[Page 126 STAT. 9]]

         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.

    Approved February 10, 2012.

LEGISLATIVE HISTORY--H.R. 3801 (S. 1974):
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 158 (2012):
            Jan. 25, considered and passed House.
            Jan. 26, considered and passed Senate.

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