                        TITLE 19--CUSTOMS DUTIES
 
                          CHAPTER 5--SMUGGLING
 
Sec. 1709. Definitions

    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 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 as the said authorities are or may be so enabled or permitted by 
such treaty or arrangement and, in the case of every other vessel, the 
waters within four leagues of the coast of the United States.
    (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.

(Aug. 5, 1935, ch. 438, title IV, Sec. 401, 49 Stat. 529; June 25, 1938, 
ch. 679, Sec. 2, 52 Stat. 1077; Proc. No. 2695, July 4, 1946, 11 F.R. 
7517, 60 Stat. 1352; June 30, 1955, ch. 258, Sec. 2(b), 69 Stat. 242.)

                       References in Text

    This Act, referred to in text, means act Aug. 5, 1935, which enacted 
this chapter and sections 1432a and 1601a of this title and amended 
sections 70, 483, 1401, 1434, 1436, 1441, 1581, 1584, 1585, 1586, 1587, 
1591, 1592, 1615, 1619, 1621 of this title, sections 60, 106, and 288 of 
former Title 46, Shipping, and sections 91, 277, 319, 325 of Title 46, 
Appendix. For complete classification of this Act to the Code, see 
Tables.
    For definition of Canal Zone, referred to in subsec. (a), see 
section 3602(b) of Title 22, Foreign Relations and Intercourse.

                          Codification

    Words ``the Philippine Islands'' in subsec. (a) were omitted on 
authority of Proc. No. 2695, which is set out as a note under section 
1394 of Title 22, Foreign Relations and Intercourse, and in which the 
President proclaimed the independence of the Philippines.


                               Amendments

    1955--Subsec. (a). Act June 30, 1955, inserted ``Johnston Island''.
    1938--Subsec. (a). Act June 25, 1938, inserted ``Wake Island, Midway 
Islands, Kingman Reef'' before ``and the island of Guam.''


                    Effective Date of 1955 Amendment

    Amendment by act June 30, 1955, effective July 1, 1955, see note set 
out under section 1401 of this title.


                    Effective Date of 1938 Amendment

    Amendment by act June 25, 1938, effective on thirtieth day following 
June 25, 1938, except as otherwise specifically provided, see section 37 
of act June 25, 1938, set out as a note under section 1401 of this 
title.

                          Transfer of Functions

    Coast Guard transferred to Department of Transportation and 
functions, powers, and duties, relating to Coast Guard, of Secretary of 
the Treasury and of other offices and officers of Department of the 
Treasury transferred to Secretary of Transportation by section 6(b)(1) 
of Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2), 
however, provided that notwithstanding such transfer of functions, Coast 
Guard shall operate as part of Navy in time of war or when President 
directs as provided in section 3 of Title 14, Coast Guard. See section 
108 of Title 49, Transportation.
    All offices of collector of customs, comptroller of customs, 
surveyor of customs, and appraiser of merchandise in Bureau of Customs 
of Department of the Treasury to which appointments were required to be 
made by President with advice and consent of Senate ordered abolished, 
with such offices to be terminated not later than December 31, 1966, by 
Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 
1317, set out as a note under section 1, of this title.
    Functions of all officers of Department of the Treasury and 
functions of all agencies and employees of such Department transferred, 
with certain exceptions, to Secretary of the Treasury, with power vested 
in him to authorize their performance or performance of any of his 
functions, by any of those officers, agencies, and employees, by Reorg. 
Plan No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 
Stat. 1280, 1281, set out in the Appendix to Title 5, Government 
Organization and Employees. Under the Plan, collectors of customs and 
Commandant of Coast Guard were officers of Department of the Treasury, 
but, in case of Coast Guard and Commandant thereof, the Plan provided 
that, notwithstanding transfer of functions, Coast Guard should continue 
to operate as a part of Navy, subject to orders of Secretary of the 
Navy, in time of war or when President directed, as provided in sections 
1 and 3 of Title 14, Coast Guard.
