[United States Statutes at Large, Volume 126, 112th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


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. <>

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

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