What This Bill Does
This bill extends the customs waters of the United States from 12 nautical miles to 24 nautical miles from the baselines of the United States. The extension aligns with international law and two presidential proclamations issued in 1988 and 1999.
Who It Affects
U.S. Customs and Border Protection agents, vessel operators in waters off the U.S. coast, and U.S. law enforcement agencies conducting maritime law enforcement activities.
Key Provisions
* U.S. Customs and Border Protection gains authority to conduct law enforcement activities in U.S. customs waters extended to 24 nautical miles from the baselines of the United States (Sec. 2(b)(1))
* The Tariff Act of 1930 is amended to define customs waters as including the territorial sea and the contiguous zone of the United States, to the limits permitted by international law according to two presidential proclamations (Sec. 3(a))
* The Anti-Smuggling Act is amended the same way to extend the definition of customs waters to 24 nautical miles from the baselines of the United States (Sec. 3(b))
What Changes
If this bill becomes law, U.S. law enforcement agents will be able to operate in a wider area of ocean waters when conducting customs, immigration, sanitary and fiscal law enforcement. The legal definition of U.S. customs waters in two federal laws will expand from 12 nautical miles to 24 nautical miles from the U.S. baselines.
Important Definitions
The bill does not explicitly define "customs waters," "baselines," "contiguous zone," or "territorial sea" within its text.
Effective Date
The day after the date of enactment of this act (Sec. 3(c))
II
118TH CONGRESS
1ST SESSION
S. 71
To extend the customs waters of the United States from 12 nautical miles
to 24 nautical miles from the baselines of the United States, consistent
with Presidential Proclamation 7219.
IN THE SENATE OF THE UNITED STATES
JANUARY 25, 2023
Mr. SCOTT of Florida (for himself, Ms. SINEMA, and Mr. LANKFORD) intro-
duced the following bill; which was read twice and referred to the Com-
mittee on Finance
A BILL
To extend the customs waters of the United States from
12 nautical miles to 24 nautical miles from the baselines
of the United States, consistent with Presidential Procla-
mation 7219.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Extending Limits of
4
United States Customs Waters Act of 2023’’.
5
SEC. 2. FINDINGS; SENSE OF CONGRESS.
6
(a) FINDINGS.—Congress makes the following find-
7
ings:
8
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•S 71 IS
(1) On December 27, 1988, Presidential Procla-
1
mation 5928 extended the territorial sea of the
2
United States from 3 nautical miles to 12 nautical
3
miles from the baselines of the United States, deter-
4
mined in accordance with international law.
5
(2) On August 2, 1999, Presidential Proclama-
6
tion 7219 extended the contiguous zone of the
7
United States from 12 nautical miles to 24 nautical
8
miles from the baselines of the United States, deter-
9
mined in accordance with international law, but in
10
no case within the territorial sea of another country.
11
(3) Customary international law, in its current
12
form, as provided for in the United Nations Conven-
13
tion on the Law of the Sea and consistent with Pres-
14
idential Proclamations 5928 and 7219, reflects
15
that—
16
(A) every coastal State has the right to es-
17
tablish the breadth of its territorial sea to a
18
limit not exceeding 12 nautical miles, measured
19
from its baselines;
20
(B) a coastal State’s contiguous zone may
21
not extend beyond 24 nautical miles from the
22
baselines from which the breadth of the terri-
23
torial sea is measured;
24
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•S 71 IS
(C) a coastal State has exclusive jurisdic-
1
tion over its flagged vessels within its territorial
2
seas and upon the high seas; and
3
(D) in the contiguous zone of a coastal
4
State, the State may—
5
(i) exercise the control necessary to
6
prevent the infringement of its customs,
7
fiscal, immigration, or sanitary laws and
8
regulations within its territory or the terri-
9
torial sea; and
10
(ii) punish the infringement of those
11
laws and regulations committed within its
12
territory or the territorial sea.
13
(4) Customary international law, in its current
14
form, as provided for in the United Nations Conven-
15
tion on the Law of the Sea, recognizes that outside
16
the territorial waters of a coastal State, the vessels
17
and aircraft of all countries enjoy the high seas free-
18
doms of navigation and overflight. Pursuant to those
19
freedoms and the requirements of international
20
law—
21
(A) before boarding a vessel outside of the
22
territorial waters of a coastal State, but within
23
the contiguous zone of that State, authorities of
24
the State are generally required to have reason-
25
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•S 71 IS
able grounds to believe that the vessel is des-
1
tined for the State or has violated or is at-
2
tempting to violate the customs, fiscal, immi-
3
gration, or sanitary laws and regulations of that
4
State; and
5
(B) the hot pursuit of a foreign vessel—
6
(i) may be undertaken when com-
7
petent authorities of the State have good
8
reason to believe that the vessel or one of
9
its boats has violated the laws and regula-
10
tions of that State;
11
(ii) is required to be commenced when
12
the foreign vessels or one of its boats is
13
within the internal waters, the territorial
14
sea, or the contiguous zone of the State,
15
and may be continued outside the terri-
16
torial sea or the contiguous zone only if
17
the pursuit has not been interrupted; and
18
(iii) in a case in which the foreign ves-
19
sels is within the contiguous zone of the
20
State, may be undertaken only if there has
21
been a violation of the rights for the pro-
22
tection of which the contiguous zone was
23
established.
24
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•S 71 IS
(b) SENSE OF CONGRESS.—It is the sense of Con-
1
gress that—
2
(1) it is necessary to extend the authority of
3
U.S. Customs and Border Protection to conduct law
4
enforcement activities in the customs waters of the
5
United States from 12 nautical miles to 24 nautical
6
miles because as modern technology continues to
7
change and expand rapidly, the performance and
8
speed of maritime vessels, including those used to
9
violate the laws of the United States or evade
10
United States law enforcement agents, improve, and
11
the limit of 12 nautical miles no longer provides law
12
enforcement agents with sufficient time to interdict
13
such vessels; and
14
(2) the extension of the customs waters of the
15
United States to the limits permitted by inter-
16
national law will advance the law enforcement and
17
public health interests of the United States.
18
SEC. 3. EXTENSION OF CUSTOMS WATERS OF THE UNITED
19
STATES.
20
(a) TARIFF ACT OF 1930.—Section 401(j) of the
21
Tariff Act of 1930 (19 U.S.C. 1401(j)) is amended—
22
(1) by striking ‘‘means, in the case’’ and insert-
23
ing the following: ‘‘means—
24
‘‘(1) in the case’’;
25
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•S 71 IS
(2) by striking ‘‘of the coast of the United
1
States’’ and inserting ‘‘from the baselines of the
2
United States (determined in accordance with inter-
3
national law)’’;
4
(3) by striking ‘‘and, in the case’’ and inserting
5
the following: ‘‘; and
6
‘‘(2) in the case’’; and
7
(4) by striking ‘‘the waters within four leagues
8
of the coast of the United States.’’ and inserting the
9
following: ‘‘the waters within—
10
‘‘(A) the territorial sea of the United
11
States, to the limits permitted by international
12
law in accordance with Presidential Proclama-
13
tion 5928 of December 27, 1988; and
14
‘‘(B) the contiguous zone of the United
15
States, to the limits permitted by international
16
law in accordance with Presidential Proclama-
17
tion 7219 of September 2, 1999.’’.
18
(b) ANTI-SMUGGLING ACT.—Section 401(c) of the
19
Anti-Smuggling Act (19 U.S.C. 1709(c)) is amended—
20
(1) by striking ‘‘means, in the case’’ and insert-
21
ing the following: ‘‘means—
22
‘‘(1) in the case’’;
23
(2) by striking ‘‘of the coast of the United
24
States’’ and inserting ‘‘from the baselines of the
25
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•S 71 IS
United States (determined in accordance with inter-
1
national law)’’;
2
(3) by striking ‘‘and, in the case’’ and inserting
3
the following: ‘‘; and
4
‘‘(2) in the case’’; and
5
(4) by striking ‘‘the waters within four leagues
6
of the coast of the United States.’’ and inserting the
7
following: ‘‘the waters within—
8
‘‘(A) the territorial sea of the United
9
States, to the limits permitted by international
10
law in accordance with Presidential Proclama-
11
tion 5928 of December 27, 1988; and
12
‘‘(B) the contiguous zone of the United
13
States, to the limits permitted by international
14
law in accordance with Presidential Proclama-
15
tion 7219 of September 2, 1999.’’.
16
(c) EFFECTIVE DATE.—The amendments made by
17
this section shall take effect on the day after the date of
18
the enactment of this Act.
19
Æ
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