Sponsors (5)
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Modifies subsection 1401(j) of title 19 by replacing language referencing the 'coast of the United States' with language referencing baselines determined in accordance with international law, and by specifying that 'customs waters' include the territorial sea and the contiguous zone of the United States to the limits permitted by international law (citing Presidential Proclamations 5928 and 7219).
Alters the definition of 'customs waters' in 19 U.S.C. 1709(c) by replacing references to the 'coast of the United States' with 'from the baselines of the United States (determined in accordance with international law)', adding numbered subparagraph structure, and specifying that the waters include the territorial sea and contiguous zone to the limits permitted by international law in accordance with Presidential Proclamations 5928 and 7219.
Expands U.S. customs and anti‑smuggling law coverage seaward by changing statutory language so the relevant statutes apply from baselines determined under international law and expressly include the U.S. territorial sea and contiguous zone as set by Presidential Proclamations (extending application out to 24 nautical miles). It records congressional findings about maritime zones and international law and states a "sense of Congress" that Customs and Border Protection should be able to operate in these waters to better interdict fast vessels and protect public health. The legal change takes effect the day after enactment.
On December 27, 1988, Presidential Proclamation 5928 extended the United States territorial sea from 3 nautical miles to 12 nautical miles from the baselines, measured under international law.
On August 2, 1999, Presidential Proclamation 7219 extended the United States contiguous zone from 12 nautical miles to 24 nautical miles from the baselines, measured under international law, but not into the territorial sea of another country.
Under customary international law as reflected in the United Nations Convention on the Law of the Sea, a coastal State may set the breadth of its territorial sea up to 12 nautical miles measured from its baselines.
Under that same customary international law, a coastal State’s contiguous zone may not extend beyond 24 nautical miles from the baselines used to measure the territorial sea.
A coastal State has exclusive jurisdiction over vessels that fly its flag while those vessels are in its territorial sea and while on the high seas.
Who is affected and how:
Vessel operators and maritime industry participants: Commercial and recreational vessels may face a wider geographic range where U.S. customs and anti‑smuggling laws are applied. That could increase the likelihood of inspections, interdictions, or seizures conducted seaward of the previously referenced "coast." Operators should expect potentially greater enforcement activity within the territorial sea and contiguous zone.
Maritime carriers and shippers: Shipping companies and carriers may need to update compliance planning and risk assessments because customs jurisdictional reach is clarified seaward to baseline-derived limits.
Federal law enforcement (Customs and Border Protection and other DHS components): The amendment clarifies statutory authority and could enable CBP to assert customs enforcement actions seaward to the specified limits. That may require interagency coordination (for example, with the U.S. Coast Guard) and potential operational adjustments in patrols, evidence handling, and hot pursuit procedures.
Coastal shoreline communities and port authorities: Local communities and ports could see effects from increased at‑sea interdictions, including changes in the number and location of interdicted vessels brought to port, impacts on public health interdiction efforts (e.g., illicit drug or hazardous material control), and shifting enforcement patterns at nearby anchorages and approaches.
Legal and diplomatic stakeholders: By referencing baselines under international law and Presidential Proclamations, the change narrows statutory ambiguity but may prompt legal questions about the interplay of domestic enforcement actions with international law norms, rights of foreign vessels, and actions by other States. This could lead to litigation or requests for legal guidance, and may require coordination with foreign partners in some operational contexts.
Net effect: The bill is primarily a legal/definitional change that clarifies and extends the geographic reach of U.S. customs and anti‑smuggling statutes to include maritime zones out to limits recognized by Presidential Proclamations. It enables enforcement agencies to treat actions within those zones as covered by existing statutes, but it does not provide new funding or operational rules. Operational, administrative, and legal adjustments will be required to align agency practice with the clarified statutory reach.
Read twice and referred to the Committee on Finance.
Introduced January 23, 2025 by Richard Lynn Scott · Last progress January 23, 2025
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Read twice and referred to the Committee on Finance.
Introduced in Senate