PolicyBrief
S. 221
119th CongressJan 23rd 2025
Extending Limits of United States Customs Waters Act of 2025
IN COMMITTEE

This bill extends the authority of U.S. Customs and Border Protection to conduct law enforcement activities in U.S. customs waters from 12 to 24 nautical miles, aligning with the contiguous zone as defined by Presidential Proclamation 7219.

Rick Scott
R

Rick Scott

Senator

FL

LEGISLATION

U.S. Customs Authority Doubles to 24 Nautical Miles Under New Law: Impact on Shipping and Security

The "Extending Limits of United States Customs Waters Act of 2025" changes the game for maritime activity near U.S. coasts. Instead of 12 nautical miles, U.S. Customs and Border Protection (CBP) now has authority over waters extending out to 24 nautical miles. This matches existing definitions of the U.S. contiguous zone established by Presidential Proclamations 5928 and 7219 (SEC. 2 & 3).

Double the Distance, Double the Scrutiny?

The main point of this bill is to give CBP more room to operate, intercepting illegal goods and preventing smuggling, especially given that newer boats can travel faster and farther (SEC. 2). Think of it like this: if you're a store owner and shoplifters keep getting away before your security cameras can catch them, you might extend the range of your cameras. This law does something similar for CBP at sea. It's intended to boost border security and protect public health by giving authorities a wider net to cast (SEC. 2).

Real-World Ripple Effects

For everyday folks, this could mean a couple of things. If you're involved in international shipping, even just receiving goods, expect potentially more scrutiny and possible delays. CBP can now board and inspect vessels further out, which could slow down the flow of goods (SEC. 2). On the flip side, supporters of stronger border security will see this as a win, strengthening the ability to stop illegal activities before they reach U.S. shores. For example, a small fishing business that has struggled with illegal fishing operations just outside the previous 12-mile limit might see this as added protection. The bill references the Tariff Act of 1930 and the Anti-Smuggling Act, extending enforcement of these laws (SEC. 3).

Navigating the New Waters: Potential Challenges

While the bill aims to enhance security, there are potential bumps in the road. The law specifically mentions that ships still have the right to navigate freely (SEC. 2), but there's a fine line between freedom of navigation and law enforcement. The bill states that boarding a vessel in the contiguous zone requires reasonable grounds to believe it is headed to the US or violating its laws (SEC. 2), but how that's interpreted on the open ocean could lead to disputes. There is the potential for more frequent boardings and inspections, which could strain relationships with other countries if not handled carefully. The bill also notes the conditions for "hot pursuit" of vessels, extending the reach of U.S. authorities even further under certain circumstances (SEC. 2).