[Congressional Record Volume 158, Number 11 (Wednesday, January 25, 2012)]
[House]
[Pages H163-H166]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          ULTRALIGHT AIRCRAFT SMUGGLING PREVENTION ACT OF 2012

  Mr. REICHERT. Mr. Speaker, I move to suspend the rules and pass the 
bill (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,
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3801

       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 
     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Washington (Mr. Reichert) and the gentleman from Michigan (Mr. Levin) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Washington.


                             General Leave

  Mr. REICHERT. Mr. Speaker, I yield myself such time as I may consume, 
and I ask unanimous consent that all Members may have 5 legislative 
days within which to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  Mr. REICHERT. Mr. Speaker, as a former sheriff, I rise in strong 
support of H.R. 3801 because it would address the increasing use of 
ultralight aircraft in the smuggling of contraband across our borders.
  We also move this bill today in honor of Congresswoman Gabrielle 
Giffords, the sponsor of this bill. She ably represented Arizona's 
Eighth Congressional District since being elected to the United States 
House of Representatives in November of 2006. In fact, our offices were 
next door to each other when she first arrived in Congress, and we had 
an opportunity to walk and talk and share some stories, and I learned 
from her that she came to Congress for the right reasons--she is 
concerned about her constituents and cares and loves this country 
deeply. So we got to know each other just a little bit. And one of her 
foremost

[[Page H164]]

concerns has been the safety of her constituents. This bill is but one 
way in which she addressed those concerns, working together with her 
good friend and tireless colleague, Representative Flake. I'm delighted 
that we can move this bipartisan bill. We look forward to the day when 
Gabrielle fully recovers.
  The use of ultralights, which are small, slow, highly maneuverable, 
single-seat recreation air vehicles is a proven way to smuggle 
contraband. These planes fly at a very low altitude and do not even 
have to land; they simply drop their bundles of contraband at a 
predestined point and fly back undetected.
  A sheriff in Luna County, New Mexico, was quoted as saying that we 
need the ability to detect smugglers' flights before they cross the 
border to track them and give us a good indication of where they're 
dropping their contraband so that we can pre-position our response 
teams.
  This legislation provides the tools to stop these smugglers from 
using ultralight aircraft. First, the bill adds ultralights to the 
definition of aircraft for purposes of smuggling and stiffens the 
penalties for using this type of aircraft to smuggle contraband. 
Secondly, it enhances the ability of U.S. Customs and Border Protection 
to detect, track, and halt illicit trafficking across the international 
borders between the United States and Mexico and the United States and 
Canada by calling for a collaborative effort between the Department of 
Defense and Customs and Border Protection. For these reasons, I'm in 
favor of expanding our abilities to combat smuggling and support this 
bill.
  I reserve the balance of my time.

                              {time}  0920

  Mr. LEVIN. Mr. Speaker, I yield myself such time as I may consume.
  I rise very much in support of the Ultralight Aircraft Smuggling 
Prevention Act of 2012. It is crucially important in two respects:
  It is important in and of itself. It's clear we need to act. Every 
year, hundreds of these aircraft are flown across our borders. They are 
carrying drugs. Smugglers favor them because they are hard to detect, 
they are inexpensive, and they can often avoid radar detection. The 
problem is that under current law, Immigration and Customs Enforcement, 
ICE, and the prosecutors don't have the authority to charge the users, 
these offenders, with the existing statute, so they can't seek the 
higher penalties or lower the burden of proof.
  This bill--and this is the second significance--was introduced by 
Representative Gabby Giffords, and it would close this loophole. So I 
think for all of us, colleagues and friends, this is a special moment. 
This legislation was characteristic of the devotion, the dedication, 
and the hard work of Representative Giffords, representing so ably the 
people of her district, the people of her State, and the people of our 
entire Nation.
  Gabby Giffords has been a spectacular star in the congressional 
galaxy. And we say, as friends, with love and affection, we know that 
that star will continue to shine brightly, and it will inspire us all.
  Gabby Giffords will be sorely missed, but her dedication, her 
vitality, and her courage have set an example that I think, hopefully, 
will lead us to undertake our duties with the same devotion as she has 
given to her work here in the House.
  I reserve the balance of my time.
  Mr. REICHERT. Mr. Speaker, I understand that the other side may have 
some additional speakers. We have one additional speaker. So I would 
yield to Mr. Levin to continue with the further speakers on his side.
  I will continue to reserve the balance of my time.
  Mr. LEVIN. I thank the gentleman from Washington.
  It is my pleasure now to yield 3 minutes to another distinguished 
gentleman from the State of Washington and member of our committee, Mr. 
McDermott.
  (Mr. McDERMOTT asked and was given permission to revise and extend 
his remarks.)
  Mr. McDERMOTT. Mr. Speaker, I urge Members to support H.R. 3801, the 
Ultralight Aircraft Smuggling Prevention Act of 2012. This bill, as you 
have heard, will help prevent drug smuggling across our borders, and it 
does it, really, in three ways:
  It amends the current law to give our prosecutors the authority to 
charge smugglers who fly ultralight aircraft the same way as they 
charge smugglers who fly conventional aircraft.
  Second, the bill adds both an ``attempt'' and a ``conspiracy'' 
provision to the aviation smuggling law. That means our prosecutors 
will be able to seek higher penalties when it makes sense.
  And finally, the bill directs the Defense Department and the 
Department of Homeland Security to collaborate in identifying equipment 
and technology that could be used by our Customs officials to detect 
these ultralight aircraft.
  This is a commonsense piece of legislation that addresses a real 
problem and does so in a way that deserves broad bipartisan support. A 
very similar bill passed the House in the last Congress by a vote of 
412-3. So this is a broad bipartisan bill. I expect this bill to pass 
with the same kind of bipartisan support today.
  What's unique about it is that it comes on the day when Gabby 
Giffords is going to resign from the Congress, the woman who brought 
this bill to the floor. And I want to congratulate her, not only on 
this important piece of legislation, but for the impressive record she 
developed over the 5 years that she was representing the Eighth 
District of Arizona.
  We all know Gabby's spirit well enough to know she will be back to 
serve the public as soon as she possibly can. She has an office down 
the hall from mine, and I occasionally walked with her from the office 
over here in the times when we came over to vote, and I got to know her 
on a human basis. She is truly a wonderful woman, and we will miss her. 
She had a bright future before her here, and it's sad to us that she's 
leaving, but it's important for her to take care of herself.
  I'm a physician. I'm a psychiatrist, and I have seen cases like hers 
in the past and know that the possibilities for rehabilitation are very 
good. But it takes time, and running political campaigns and doing the 
kinds of things that you have to do in this business doesn't give you 
much time to take care of yourself. So we want Gabby to go home and 
take care of herself and return to her highest level of ability, 
because she has much to offer the people of the State of Arizona and 
her husband and the country.

  So it's with a great deal of sadness that we say good-bye to her, but 
on the other hand, we're very happy for her. We very much urge everyone 
to vote for this bill.
  Mr. REICHERT. Mr. Speaker, at this time, I would like to yield 3 
minutes to the gentleman from Arizona (Mr. Flake) and also take a 
moment to recognize him for his continuing efforts and dogged 
determination to ensure the safety of our country's borders.
  Mr. FLAKE. I thank the gentleman for yielding.
  I rise today in support of this legislation. It is needed and will 
help on the border to close this loophole to make sure that we can 
better protect the border.
  I also want to pay tribute at this time to my friend and colleague 
Gabby Giffords for bringing this bill forward and for her work on this 
over the years. I have traveled to the border many times to meet with 
those property holders there, particularly the ranchers--the Glenns, 
the Ladds, and others--that she knows so well, that she has worked with 
over the years to develop legislation like this and the other 
legislative initiatives that she has pushed to make sure that we have a 
secure border.
  She met with these groups and then committed to have conference calls 
routinely to make sure that she was hearing their concerns, and she did 
so over a long period of time. And I can tell you, those who reside at 
the border, those who live there, who have property there, who work 
there, who have been there for generations appreciate so deeply the 
work that she has done over these years.
  I want to pay tribute also to her family, especially her good 
husband, Mark, for this difficult and challenging year, for supporting 
her, and for making sure that she had what she needed and that she is 
recovering. What a wonderful story they have together and will continue 
to have.
  I also want to pay tribute to Gabby Giffords' wonderful staff. This 
has

[[Page H165]]

been a challenging year for them, and they have done everything 
possible to ensure that the people from the Eighth District have 
received the representation that they deserve. They've worked long 
hours under difficult circumstances and have made sure that those 
constituents were well served. I was down in Sierra Vista last week and 
spoke to many of her constituents who recognize the efforts of Gabby 
and her good staff in this difficult time.
  We, as the Arizona delegation, will miss her in Congress deeply. We 
are so appreciative of the service that she has rendered; and we know 
that she will continue to serve, whether in the future in an elected 
office or in whatever capacity, she will continue to serve the good 
people of Arizona and this country.

                              {time}  0930

  Mr. LEVIN. Mr. Speaker, it is now my privilege to yield 3 minutes to 
the gentleman from Texas (Mr. Reyes), a gentleman who has been very 
much involved in issues relating to this bill.
  Mr. REYES. Mr. Speaker, I thank the gentleman for yielding.
  Like my friend and colleague from Washington, I, too, rise in support 
of this legislation, H.R. 3801, as a former Federal law enforcement 
officer, retired Border Patrol Agent and Border Patrol Chief who had 
the opportunity, as a cochair of the Border Caucus, to work very 
closely with Gabby Giffords. It's a real privilege to be able to 
support this piece of legislation which, as my colleague from 
Washington mentioned, has previously passed the House and, it's my 
understanding, has already passed Senate. So I urge all my colleagues 
to support it.
  I, too, would like to pay tribute to Gabby Giffords because not only 
did I get a chance to work with her on border issues as members of the 
Border Caucus, but also as members of the Interparliamentary Group, and 
wanted to make sure that we know that we're not counting out Gabby. I 
think those of us that know her, those of us that have had the 
privilege of working with her, understand that she is determined to 
make a full recovery.
  We all will miss her, but we certainly agree with the decision that 
she has made, along with her husband, Mark, and her family, that she 
needs to take some time to fully recover. So we haven't seen the last 
of Gabby Giffords, I believe.
  I think whatever the future holds for her, she has made this a better 
place because of her work, because of her thirst to seek out the facts. 
This piece of legislation is just one indicator of the work that she 
has done on behalf of not just her constituents and not just her State, 
but work done on behalf of our Nation to keep us safe, especially post-
9/11.
  So I hope today we have a unanimous vote of support for legislation 
that, yes, is needed, because I've been on the border with our Border 
Patrol Agents and ICE agents and have seen some of these ultralights 
that this legislation addresses, but more than that, because we have to 
continue the fight against these drug cartels and these drug 
trafficking organizations.
  So I urge all the Members to vote ``yes,'' and wish Gabby and her 
family well and am proud to have worked with her.
  Mr. REICHERT. Mr. Speaker, I have no additional speakers, and I 
continue to reserve the balance of my time.
  Mr. LEVIN. Mr. Speaker, I now yield 2 minutes to the gentlewoman from 
Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE of Texas. Mr. Speaker, I thank the gentleman from 
Michigan, and I thank the manager of the bill and rise today to support 
H.R. 3801.
  I serve on the Homeland Security Committee and know the importance of 
emphasizing utilizing resources in a partnership and, in fact, passing 
a law, an authorization for that. We all know there's a firewall 
between a civilian government and its Department of Defense, and that's 
why I think this bill is particularly astute and particularly 
important, authored by our friend Gabby Giffords. I thank her for her 
thoughtfulness to ensure that, as we put assets together, we have the 
act of law to ensure that it is properly done.
  As a member of a border State, or a resident of a border State, 
having been to the border many times, having walked the border from 
California to Texas, having been on the border at night, having been on 
the border with Customs and Border Patrol, I can see what these assets 
can do to help stop the scourge of drug cartels and drug trafficking, 
and certainly making sure that those who come into this country come in 
for the right reason.
  I also had the privilege of serving as part of the region that we are 
associated with in the structure of this Congress and served on the 
steering and policy committee with our friend. I consider her a gift 
that keeps on giving to this Nation; and I really do believe that, as 
she pursues her own health issues, as she continues to espouse those 
values that she did when she was here. I think America's a great 
country, and she is an example of that and her husband, Mark, who 
served so well in exploring our universe.

  We, in Houston, owe her a debt of gratitude, for you could not 
imagine the love and affection of Houstonians who had never met 
Congresswoman Giffords as she healed in our community.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. LEVIN. I yield the gentlewoman an additional 15 seconds.
  Ms. JACKSON LEE of Texas. So I'd like to say thank you to her and 
wish her well and to say, as I've said before, she is an American hero 
because of the courage. Certainly we acknowledge those who lost their 
lives and those who were wounded on that tragic day, but what a symbol 
that this Congresswoman represents, this American represents to all who 
seek a better place.
  I ask our colleagues to enthusiastically support H.R. 3801.
  Mr. REICHERT. Mr. Speaker, I have no additional Members seeking time, 
and I continue to reserve the balance of my time.
  Mr. LEVIN. Mr. Speaker, as we wrap up, I look about and think of this 
institution. It sometimes can be quite impersonal. I think for all of 
us today, this is a very personal moment, and I think all of us join in 
saluting Gabby and Mark.
  I yield back the balance of my time.
  Mr. REICHERT. Mr. Speaker, I will keep my closing statement short.
  This obviously is an important bill to this country for our Nation's 
security and is especially important on this day when our good friend, 
Gabrielle Giffords, has presented her resignation.
  I urge all Members to join me in support of this bill, and I yield 
back the balance of my time.
  Ms. JENKINS. Mr. Speaker, I rise today in support of H.R. 3801, an 
important piece of bi-partisan legislation that will strengthen our 
borders and strike an important blow against those who would try and 
smuggle drugs into this country.
  But I also rise to honor H.R. 3801's sponsor, my long time friend 
Congresswoman Gabby Giffords.
  I have known Gabby a long time. In fact, our friendship goes back 
long before either one of us considered running for Congress to when we 
spent time together during our involvement with the Aspen Institute's 
Rodel Fellowship and traveled to Vietnam together with the American 
Council of Young Political Leaders.
  I have truly missed seeing Gabby in the halls of the House and will 
continue to miss her in the years to come. While I am sad to hear she 
is moving on, I wish her well as she continues her remarkable recovery.
  Though she is retiring from the House this week, I know that Gabby's 
impact on public policy, this Congress, and this country is far from 
over. I look forward to seeing the great things she will accomplish in 
the years to come.
  Just as was the case with much of what she does Gabby's last 
legislative act before she resigns has strong bipartisan appeal. I 
support H.R. 380 and I support Gabby.
  Mrs. BONO MACK. Mr. Speaker, I rise today in strong support of H.R. 
3801. This critically-needed legislation will provide law enforcement 
officials with a powerful new tool in the on-going war against illicit 
drugs.
  It imposes tough new penalties on smugglers who use ultralight 
aircraft to illegally bring drugs into America. But just as 
importantly, it sends a clear signal that we are going to do whatever 
it takes to protect our borders from the raging narco wars which are 
plaguing Mexico today.
  Last year, I was proud to support my close friend and colleague, 
Gabby Giffords, in her efforts to pass similar legislation, and I'm 
honored--in her last official act--to do so again today.
  For many people, this is a bittersweet moment because of Gabby's 
difficult decision to retire from Congress after more than five

[[Page H166]]

years of outstanding public service to the people of Arizona and to 
America.
  But I see this more as a celebration of her life--and a celebration 
of what's still to come in her life--as Gabby continues to make a 
miraculous recovery which is nothing short of a miracle.
  So, in some ways, you can view her retirement today as a glass half-
full story. Yet when it comes to Gabby Giffords, the glass is always 
full--and usually overflowing with love, kindness and devotion.
  She has been such an inspiration for me and for millions of Americans 
as well.
  Throughout her life, Gabby has had such a special way of bringing 
diverse people together and finding solutions that benefit everyone.
  We will miss her in Congress, but I know deep in my heart that we 
have not heard or seen the last of this extraordinary woman.
  God bless you, Gabby, and thank you for your tireless dedication to 
America and to your fellow human beings.
  When God created miracles, he certainly had you in mind.
  Ms. SCHAKOWSKY. Mr. Speaker, I want to express my support for H.R. 
3801, The Ultralight Aircraft Smuggling Prevention Act of 2012, and 
also my strong admiration of its sponsor, my colleague and friend 
Gabrielle Giffords.
  Gabby will be stepping down from Congress this week to focus on her 
recovery, but it is clear that she is not stepping down from her 
commitment to public service and her devotion to her constituents. 
Gabby Giffords remains an inspiring example of how legislators can be 
effective in reaching across the aisle and encouraging cooperation 
between those who are often adversaries.
  America has learned a lot about Gabby Giffords since the tragic 
shooting last January. We have watched her deal with her grievous 
wounds with courage and determination. We know not just her strength, 
but her genuine warmth. America, like all of us who have had the joy to 
work with her, not only respect her but love her.
  I am sad to see Gabby leave the House--she will be sorely missed. I 
know she will continue her amazing path to recovery, with her 
remarkable husband Mark Kelly by her side. I look forward to working 
with her in the future.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Washington (Mr. Reichert) that the House suspend the 
rules and pass the bill, H.R. 3801.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. REICHERT. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

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