Extending Limits of U.S. Customs Waters Act
- Sponsor
- Rep. Salazar, Maria Elvira [R-FL-27]
- Committees
- Ways and Means Committee (primary)
- Last action
- Feb 12, 2025
Bottom line
The bill expands the statutory reach of U.S. customs enforcement to 24 nautical miles, aligning domestic law with existing international assertions and enhancing national security and anti-smuggling capabilities.
What it actually does
This bill amends the Tariff Act of 1930 and the Anti-Smuggling Act to redefine the 'customs waters' of the United States. It extends the statutory limit for customs enforcement from approximately 12 nautical miles (four leagues) to 24 nautical miles from the U.S. baselines, explicitly including the contiguous zone as defined by Presidential Proclamation 7219. This change formalizes and expands the geographic area where U.S. Customs and Border Protection can enforce customs laws.
Proponents argue
Proponents argue that this bill is a crucial step to enhance national security and strengthen anti-smuggling efforts by providing clear statutory authority for customs enforcement in the contiguous zone. They contend it aligns domestic law with the U.S.'s existing assertion of jurisdiction under international law, as established by Presidential Proclamation 7219, thereby providing legal clarity and consistency for enforcement agencies and maritime operators alike.
Opponents contend
No specific organized opposition is typically raised against this bill, as it largely codifies existing U.S. assertions of jurisdiction in its contiguous zone. However, potential concerns, if any, might relate to the increased operational costs for enforcement agencies to patrol a larger area, or perceived overreach by foreign entities, though the contiguous zone is a recognized concept in international maritime law.
The bill is very short and straightforward, making it highly accessible for a reader to understand its core purpose quickly.
Section 2(a) and 2(b)
Extension of Customs Waters to 24 Nautical Miles
This provision redefines 'customs waters' in both the Tariff Act of 1930 and the Anti-Smuggling Act. Previously, customs waters were generally understood to extend four leagues (approximately 12 nautical miles) from the coast. The bill explicitly expands this definition to include the territorial sea (up to 12 nautical miles, as per Presidential Proclamation 5928) and the contiguous zone (up to 24 nautical miles, as per Presidential Proclamation 7219). This means U.S. Customs and Border Protection and other maritime law enforcement agencies will have statutory authority to enforce customs laws further offshore.
Supporters argue
Proponents argue that this extension provides essential legal clarity and consistency, aligning domestic law with the U.S.'s long-standing assertion of a contiguous zone under international law. They contend it will significantly enhance the ability of law enforcement to interdict smuggling operations, including drugs, weapons, and other illicit goods, before they reach U.S. shores, thereby bolstering national security.
Critics contend
No specific organized opposition is typically raised against this provision, as it largely codifies existing U.S. assertions of jurisdiction in its contiguous zone. Any potential concerns would likely focus on the practicalities of increased enforcement costs or the potential for minor diplomatic friction with other nations, though the contiguous zone is a widely recognized concept in international law.
Tradeoffs
The provision balances the desire for enhanced national security and border protection through expanded enforcement capabilities against the potential for increased operational costs for maritime agencies and the need to ensure consistent application of international maritime law regarding freedom of navigation in the contiguous zone.