[Congressional Record Volume 158, Number 12 (Thursday, January 26, 2012)]
[Senate]
[Page S95]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          ULTRALIGHT AIRCRAFT SMUGGLING PREVENTION ACT OF 2012

  Mr. UDALL of New Mexico. Madam President, I rise today to discuss 
H.R. 3801, the Ultralight Aircraft Smuggling Prevention Act of 2012, 
and I urge the Senate to pass this legislation today. Passing this bill 
will not only help to secure our southwest border, but it also affords 
us the opportunity to honor an incredible colleague.
  I had the privilege of serving with Congresswoman Gabby Giffords in 
the House of Representatives, and she is the force behind this 
legislation. She originally introduced it in 2010, before the senseless 
act of violence that took place, and she won its passage. But the 
Senate failed to take it up.
  Over this past year, we have been working with Gabby's staff, and I 
was honored to introduce her bill in the Senate with Senators Heller, 
Bingaman, and Feinstein. It passed by unanimous consent in December but 
was held up in the House because of a procedural issue. This allowed 
Gabby to reintroduce it in the House this week with Congressman Jeff 
Flake. Yesterday, as we all bid Gabby an emotional farewell, the House 
overwhelmingly passed it by a vote of 408-0.
  I commend the House leadership for working to make sure this 
important legislation passed as Gabby's final legislative act before 
resigning. I want to especially say how honored I am to have worked on 
this legislation with her.
  Like all Americans, I have watched in awe at Gabby's courage and her 
remarkable grace. She inspires us all. She represents the best of our 
Nation. Dr. Martin Luther King once said that darkness cannot drive out 
darkness; only light can do that. Gabby is truly a shining light to all 
who know her.
  The Ultralight Aircraft Smuggling Prevention Act is a testament to 
Gabby's commitment to securing our borders from illegal activity. A new 
trend in drug smuggling is to fly a one-person ultralight aircraft over 
the border to drop drugs. Hundreds are flown across the southwest 
border each year. Each one can carry hundreds of pounds of narcotics.
  Because ultralights are not categorized under existing law as 
aircraft by the Federal Aviation Administration, they do not fall under 
the provisions of the Tariff Act of 1930. This means a drug smuggler 
piloting an ultralight is subject to weaker criminal penalties than one 
who uses a small plane.
  Ultralight presents a unique challenge for Border Patrol and 
prosecutors. Our legislation will close any unintended loopholes. It 
will give our law enforcement and prosecutors the additional tools they 
need to combat drug smuggling. It will also add an attempt and 
conspiracy provision to the aviation smuggling law. This enables 
prosecutors to charge people other than the pilot who are involved in 
aviation smuggling. It gives prosecutors a new tool to go after the 
ground crews who aid pilots as well as those who pick up drugs that are 
being dropped off in the United States.
  This bill will also direct the Department of Defense and the 
Department of Homeland Security to establish and collaborate in 
identifying the equipment and technology for border protection to 
detect ultralights. The ultimate purpose of this legislation is to make 
our communities safer, and it is fitting that Gabby, from the very 
beginning, has been so instrumental in making it happen. I also want to 
acknowledge the hard work of her staff who worked on this bill 
tirelessly every day. Peter Ambler is one of her staff members who has 
been key. I know Gabby's staff is very dedicated to her, and I know 
Gabby's perseverance to advance her legislative priorities during her 
recovery demonstrate what a good public servant she is.
  Gabby, we know you will be back. But until then, we wish you and Mark 
all the very best, and we thank you for your extraordinary service to 
our Nation.
  Mr. President, I yield the floor, and I suggest the absence of a 
quorum.
  The PRESIDING OFFICER (Mr. Cardin). The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________