Extending Limits of U.S. Customs Waters Act

Floor Speech

Mr. Speaker, I thank Chairman Smith for that argument. I also rise in support of the Extending Limits of U.S. Customs Waters Act. H.R. 529, authored and introduced by my good friend Mike Waltz, would extend the customs waters of the United States from 12 to 24 nautical miles, a change that would expand the coastal area in which Customs and Border Patrol's Air and Marine Operations can exercise their law enforcement authority to combat smuggling of illegal narcotics; to stem the flow of human trafficking; and, yes, to secure our borders.

CBP's Air and Marine Operations, or as I will refer to them, AMO, plays an important role in preventing the unlawful entry by sea of goods and people into our Nation, as Chairman Smith indicated. Our coastal domain is over 95,000 miles long. It is an area that is more open and maneuverable than air and land, and thus, it is more vulnerable to being penetrated by transnational criminal organizations.

The issue, though, is that the current law prevents AMO from stopping those smugglers or exercising its law enforcement authorities more than 12 nautical miles from shore, even though, as you heard, the contiguous waters of the United States extend out to 24 nautical miles.

What we have seen is that the transnational criminal organizations are taking advantage of that situation, taking advantage of this limitation, which is demonstrated by the numbers, including that in 2022, 82 percent of drug seizures by AMO, including 702 pounds of fentanyl, occurred in the maritime environment.

Now, beyond stopping illegal narcotics, AMO has the authority to intercept vessels that are smuggling people on the sea which, unfortunately, as we have seen, has become one of the most dangerous ways to enter into any country. AMO does its best and has a duty to prevent the loss of life and discouraging this deadly form of migration by rescuing those trapped aboard dangerous vessels.

Many of the vessels used to smuggle people these days are often not built for the waters they are on, nor are they equipped for the long journey or bouts of bad weather. The U.S. Coast Guard reports that just about every vessel they encounter is constructed haphazardly with improvised materials and with absolutely no concern for the people on board.

Moreover, Mr. Speaker, smugglers often overload their vessels to maximize profits, which risks capsizing and the loss of life. When AMO encounters migrants on suspicious vehicles, these operations often turn into rescues, with many on board being sick, severely dehydrated, injured, or even overboard in the water.

Fortunately, AMO doesn't just stop vessels. AMO personnel are trained and equipped to care for the people on board and rescue those who are overboard. Many AMO personnel are trained as emergency medical technicians, EMTs, and all of the agents are trained first responders. Moreover, AMO vessels are equipped with specialized trauma and first aid kits and ladders to help rescue people from the water.

Mr. Speaker, by increasing the customs waters from 12 nautical miles to 24, we are giving AMO more opportunity to rescue people, to save lives, to respond to suspected vehicles, and, yes, even set up interdictions farther away from shore and safely away from law-abiding boaters.

The expansion of the area that AMO operates in will help them better do their job to stop vessels that are trafficking drugs and humans and protect the people that are on board those vessels. That is why I support this legislation that passed unanimously out of the Ways and Means Committee back in November.

I encourage all of my colleagues to do the same because by supporting this legislation, we would not only help support the mission of AMO to stop illegal narcotics and human trafficking, but we would be helping secure our Nation's borders.

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Mr. PANETTA. Mr. Speaker, in closing, as you have heard, this legislation has full bipartisan support of the Ways and Means Committee and beyond, and support from CBP's Air and Marine Operations.

It is critical that we give AMO the authorities it needs to effectively combat transnational criminal organizations. Extending customs waters to 24 nautical miles would allow AMO to exercise its law enforcement authority and both protect human life and our communities by helping AMO secure our borders.

Mr. Speaker, I once again encourage my colleagues to support this legislation, and I yield back the balance of my time.

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