Extending Limits of U.S. Customs Waters Act
- Bill Number
- H.R. 1268
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Foreign Trade and International Finance
- Status
- Introduced
- Latest Action
- 2025-02-12: Referred to the House Committee on Ways and Means.
- Last Updated
- 2025-11-18T09:05:27Z
AI-Generated Summary
Purpose
The legislation, titled the Extending Limits of U.S. Customs Waters Act (H.R. 1268), aims to expand the geographical area where U.S. customs laws can be enforced. It extends "customs waters"—the zone where U.S. authorities can board and inspect vessels for customs violations—from the current 12 nautical miles to 24 nautical miles from the U.S. coastlines (baselines). This change aligns with international law and a 1999 presidential proclamation, allowing better enforcement against smuggling and illegal trade activities further offshore.
Key Provisions
- Definition Update: Amends the Tariff Act of 1930 (Section 401(j)) and the Anti-Smuggling Act (Section 401(c)) to redefine "customs waters" as including:
- The territorial sea (up to 12 nautical miles), as established by Presidential Proclamation 5928 (1988).
- The contiguous zone (an additional area up to 24 nautical miles total), as established by Presidential Proclamation 7219 (1999).
- Measurement Standard: Distances are measured from U.S. baselines, determined under international law (e.g., the United Nations Convention on the Law of the Sea, or UNCLOS, which defines these zones for coastal states).
- Effective Date: Changes take effect the day after the bill is enacted into law.
Significant Changes to Existing Law
- Previously, customs waters were limited to 12 nautical miles (the territorial sea) or an outdated measure of "four leagues" (about 12 miles) from the coast.
- The bill replaces this with a modern, explicit inclusion of the 24-nautical-mile contiguous zone, where the U.S. can exercise limited enforcement rights (e.g., for customs, fiscal, immigration, or sanitary laws) without claiming full sovereignty.
- This codifies (makes permanent in statute) what was previously set by presidential proclamation, providing a stronger legal basis for enforcement.
Potential Impacts
- Government Agencies: Enhances the U.S. Customs and Border Protection (CBP) and U.S. Coast Guard's ability to inspect vessels and combat smuggling, drug trafficking, and illegal fishing farther from shore, potentially reducing enforcement gaps in the expanded zone.
- Citizens and Businesses: U.S. citizens and companies involved in maritime trade may face increased inspections in the outer 12 miles, but this could improve security by deterring illegal activities that affect ports and supply chains.
- International Relations: Aligns U.S. practices with UNCLOS standards, which most nations follow, minimizing disputes with foreign vessels. However, it could lead to more interactions with international shipping, requiring diplomatic coordination to avoid conflicts over navigation rights (foreign ships retain freedom of passage).
Main Stakeholders Affected
- U.S. Government Agencies: Primarily CBP and the Coast Guard, which gain expanded jurisdiction and resources for patrols.
- Maritime and Shipping Industries: Domestic and international vessel operators, who may encounter more frequent boardings in the contiguous zone.
- Law Enforcement and Security Interests: Groups focused on border security, anti-trafficking, and trade protection, who benefit from stronger tools against illicit activities.
- Foreign Governments and Vessels: Nations with shipping interests near U.S. waters, as the expansion could affect their fleets but is consistent with global norms.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens statutory authority for customs enforcement without altering constitutional limits on federal power over waters (the U.S. Constitution grants Congress broad control over foreign commerce and maritime issues). It references international law to ensure compliance with treaties like UNCLOS, reducing risks of legal challenges from foreign entities.
- Constitutional: No direct conflicts, as this builds on existing executive proclamations and congressional authority over trade and borders (Article I, Section 8 of the Constitution).
- Political: Bipartisan support (introduced by a mix of Republicans and Democrats) reflects priorities on national security and border control. Codifying the proclamation insulates the policy from future executive changes, promoting stability, but could spark debate on resource allocation for expanded patrols amid budget constraints.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Salazar, Maria Elvira [R-FL-27]
Cosponsors (28)
Rep. Gimenez, Carlos A. [R-FL-28], Rep. Panetta, Jimmy [D-CA-19], Rep. Levin, Mike [D-CA-49], Rep. Higgins, Clay [R-LA-3], Rep. De La Cruz, Monica [R-TX-15], Rep. Webster, Daniel [R-FL-11], Rep. Bean, Aaron [R-FL-4], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Ezell, Mike [R-MS-4], Del. Moylan, James C. [R-GU-At Large], Rep. Davidson, Warren [R-OH-8], Rep. Donalds, Byron [R-FL-19], Rep. Davis, Donald G. [D-NC-1], Rep. Mast, Brian J. [R-FL-21], Rep. Franklin, Scott [R-FL-18], Rep. Allen, Rick W. [R-GA-12], Rep. Guest, Michael [R-MS-3], Rep. Malliotakis, Nicole [R-NY-11], Rep. Rutherford, John H. [R-FL-5], Rep. Lee, Laurel M. [R-FL-15], Rep. Baird, James R. [R-IN-4], Rep. McCaul, Michael T. [R-TX-10], Rep. Haridopolos, Mike [R-FL-8], Rep. Smith, Christopher H. [R-NJ-4], Rep. Hinson, Ashley [R-IA-2], Rep. Steube, W. Gregory [R-FL-17], Rep. Fitzpatrick, Brian K. [R-PA-1], Rep. Pappas, Chris [D-NH-1]
Recent Actions
- 2025-02-12: Referred to the House Committee on Ways and Means.
- 2025-02-12: Introduced in House
- 2025-02-12: Introduced in House
Bill Versions
- Extending Limits of U.S. Customs Waters Act — issued 2025-02-12 — PDF (3 pages)