HR 529 — Extending Limits of U.S. Customs Waters Act

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

 In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows.

 Changes in Existing Law Made by the Bill, as Reported

 In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 TARIFF ACT OF 1930

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 TITLE IV--ADMINISTRATIVE PROVISIONS

 PART I--DEFINITIONS AND NATIONAL CUSTOMS AUTOMATION PROGRAM

 Subpart A--Definitions

SEC. 401. MISCELLANEOUS.

 When used in this title or in Part I of Title III--
 (a) Vessel.--The word ``vessel'' includes every description 
of water craft or other contrivance used, or capable of being 
used, as a means of transportation in water, but does not 
include aircraft.
 (b) Vehicle.--The word ``vehicle'' includes every description 
of carriage or other contrivance used, or capable of being 
used, as a means of transportation on land, but does not 
include aircraft.
 (c) Merchandise.--The word ``merchandise'' means goods, 
wares, and chattels of every description and includes 
merchandise the importation of which is prohibited, and 
monetary instruments as defined in section 5312 of title 31, 
United States Code.
 (d) Person.--The word ``person'' includes partnerships, 
associations, and corporations.
 (e) Master.--The word ``master'' means the person having the 
command of the vessel.
 (f) Day.--The word ``day'' means the time from eight o'clock 
antemeridian to five o'clock postmeridian.
 (g) Night.--The word ``night'' means the time from five 
o'clock postmeridian to eight o'clock antemeridian.
 (h) United States.--The term ``United States'' includes all 
Territories and possessions of the United States, except the 
Philippine Islands, the Virgin Islands, American Samoa, Wake 
Island, Midway Islands, Kingman Reef, Johnston Island, and the 
island of Guam.
 (i) Officer of the Customs: Customs Officer.--The terms 
``officer of the customs'' and ``customs officer'' mean any 
officer of the Bureau of Customs of the Treasury Department 
(also hereinafter referred to as the ``Customs Service'') or 
any commissioned, warrant, or petty officer of the Coast Guard, 
or any agent or other person, including foreign law enforcement 
officers, authorized by law or designated by the Secretary of 
the Treasury to perform any duties of an officer of the Customs 
Service.
 (j) Customs Waters.--The term ``customs waters'' [means, in 
the case] means--
 (1) in the case of a foreign vessel subject to a 
 treaty or other arrangement between a foreign 
 government and the United States enabling or permitting 
 the authorities of the United States to board, examine, 
 search, seize, or otherwise to enforce upon such vessel 
 upon the high seas the laws of the United States, the 
 waters within such distance [of the coast of the United 
 States] from the baselines of the United States, 
 determined in accordance with international law, as the 
 said authorities are or may be so enabled or permitted 
 by such treaty or arrangement [and, in the case] ; and
 (2) in the case of every other vessel, [the waters 
 within four leagues of the coast of the United States.] 
 the waters within--
 (A) the territorial sea of the United States, 
 to the limits permitted by international law in 
 accordance with Presidential Proclamation 5928 
 of December 27, 1988; and 
 (B) the contiguous zone of the United States, 
 to the limits permitted by international law in 
 accordance with Presidential Proclamation 7219 
 of September 2, 1999. 
 (k) The term ``hovering vessel'' means--
 (1) any vessel which is found or kept off the coast 
 of the United States within or without the customs 
 waters, if, from the history, conduct, character, or 
 location of the vessel, it is reasonable to believe 
 that such vessel is being used or may be used to 
 introduce or promote or facilitate the introduction or 
 attempted introduction of merchandise into the United 
 States in violation of the laws of the United States; 
 and
 (2) any vessel which has visited a vessel described 
 in paragraph (1).
 (l) Secretary.--The term ``Secretary'' means the Secretary of 
the Treasury or his delegate.
 (m) Controlled Substance.--The term ``controlled substance'' 
has the meaning given that term in section 102(6) of the 
Controlled Substances Act (21 U.S.C. 802(6)). For purposes of 
this Act, a controlled substance shall be treated as 
merchandise the importation of which into the United States is 
prohibited, unless the importation is authorized under--
 (1) an appropriate license or permit; or
 (2) the Controlled Substances Import and Export Act.
 (n) The term ``electronic transmission'' means the transfer 
of data or information through an authorized electronic data 
interchange system consisting of, but not limited to, computer 
modems and computer networks.
 (o) The term ``electronic entry'' means the electronic 
transmission of the Customs Service of--
 (1) entry information required for the entry of 
 merchandise, and
 (2) entry summary information required for the 
 classification and appraisement of the merchandise, the 
 verification of statistical information, and the 
 determination of compliance with applicable law.
 (p) The term ``electronic data interchange system'' means any 
established mechanism approved by the Commissioner of Customs 
through which information can be transferred electronically.
 (q) The term ``National Customs Automation Program'' means 
the program established under section 411.
 (r) The term ``import activity summary statement'' refers to 
data or information transmitted electronically to the Customs 
Service, in accordance with such regulations as the Secretary 
prescribes, at the end of a specified period of time which 
enables the Customs Service to assess properly the duties, 
taxes and fees on merchandise imported during that period, 
collect accurate statistics and determine whether any other 
applicable requirement of law (other than a requirement 
relating to release from customs custody) is met.
 (s) The term ``reconciliation'' means an electronic process, 
initiated at the request of an importer, under which the 
elements of an entry (other than those elements related to the 
admissibility of the merchandise) that are undetermined at the 
time the importer files or transmits the documentation or 
information required by section 484(a)(1)(B), or the import 
activity summary statement, are provided to the Customs Service 
at a later time. A reconciliation is treated as an entry for 
purposes of liquidation, reliquidation, recordkeeping, and 
protest.
 (t) Reconfigured Entry.--The term ``reconfigured entry'' 
means an entry filed on an import activity summary statement 
which substitutes for all or part of 1 or more entries filed 
under section 484(a)(1)(A) or filed on a reconciliation entry 
that aggregates the entry elements to be reconciled under 
section 484(b) for purposes of liquidation, reliquidation, or 
protest.

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 SECTION 401 OF THE ANTI-SMUGGLING ACT

 Section 401. When used in this Act:
 (a) The term ``United States'', when used in a geographical 
sense, includes all Territories and possessions of the United 
States, except the Virgin Islands, the Canal Zone, American 
Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston 
Island, and the island of Guam.
 (b) The term ``officer of the customs'' means any officer of 
the Customs Service or any commissioned, warrant, or petty 
officer of the Coast Guard, or agent or other person authorized 
by law or by the Secretary of the Treasury, or appointed in 
writing by a collector, to perform the duties of an officer of 
the Customs Service.
 (c) The term ``customs waters'' [means, in the case]means--
 (1) of a foreign vessel subject to a treaty or other 
 arrangement between a foreign government and the United 
 States enabling or permitting the authorities of the 
 United States to board, examine, search, seize, or 
 otherwise to enforce upon such vessel upon the high 
 seas the laws of the United States, the waters within 
 such distance [of the coast of the United States] from 
 the baselines of the United States, determined in 
 accordance with international law, as the said 
 authorities are or may be so enabled or permitted by 
 such treaty or arrangement [and, in the case]; and
 (2) in the case of every other vessel, [the waters 
 within four leagues of the coast of the United States.] 
 the waters within--
 (A) the territorial sea of the United States, 
 to the limits permitted by international law in 
 accordance with Presidential Proclamation 5928 
 of December 27, 1988; and
 (B) the contiguous zone of the United States, 
 to the limits permitted by international law in 
 accordance with Presidential Proclamation 7219 
 of September 2, 1999.
 (d) The term ``hovering vessel'' means any vessel which is 
found or kept off the coast of the United States within or 
without the customs waters, if, from the history, conduct, 
character, or location of the vessel, it is reasonable to 
believe that such vessel is being used or may be used to 
introduce or promote or facilitate the introduction or 
attempted introduction of merchandise into the United States in 
violation of the laws respecting the revenue.