[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4294 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4294
To direct the Secretary of Homeland Security to negotiate with the
Government of Canada regarding an agreement for integrated cross border
aerial law enforcement operations, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 8, 2024
Ms. Hassan (for herself and Mr. Lankford) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To direct the Secretary of Homeland Security to negotiate with the
Government of Canada regarding an agreement for integrated cross border
aerial law enforcement operations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cross Border Aerial Law Enforcement
Operations Act''.
SEC. 2. INTEGRATED CROSS BORDER AERIAL LAW ENFORCEMENT OPERATIONS
PROGRAM.
(a) Authorization.--If authorized pursuant to a bilateral agreement
between the United States Government and the Government of Canada, the
Secretary of Homeland Security may establish an integrated cross border
aerial law enforcement program (referred to in this section as the
``Program'') along the international border between the United States
and Canada, which should be modeled off the Framework Agreement on
Integrated Cross-Border Maritime Law Enforcement Operations Between the
Government of the United States of America and the Government of
Canada, done at Detroit May 26, 2009.
(b) Program Elements.--
(1) Participants.--The Program may be staffed by approved
law enforcement officers from--
(A) U.S. Customs and Border Protection, including
personnel from Air and Marine Operations, U.S. Border
Patrol, or the Office of Field Operations;
(B) the United States Coast Guard; and
(C) any other Federal law enforcement agency
designated by the Secretary of Homeland Security.
(2) Scope.--The jurisdiction of the Program shall be
limited to the territory located within 50 miles of the
international border between the United States and Canada
unless--
(A) a situation within such territory requires an
aircraft to leave from or return to an airport,
heliport, or base of operations located outside such
territory; or
(B) there are exigent circumstances relating to
authorized Program activities, including an emergency
on an aircraft or an emergency on the ground.
(3) Civil rights.--The Program shall ensure that the civil
rights, civil liberties, and privacy of all individuals within
the jurisdiction of the United States are guaranteed in
accordance with Federal law.
(c) Communications.--U.S. Customs and Border Protection and any
other law enforcement agency designated by the Secretary of Homeland
Security are authorized to establish necessary communication protocols
for the safety of cross border aerial law enforcement operations.
(d) Reporting Requirements.--
(1) Unmanned aircraft system report.--Not later than 1 year
after the date of the enactment of this Act, the Secretary of
Homeland Security shall submit a report to the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on Foreign Relations of the Senate, the Committee on
Homeland Security of the House of Representatives, and the
Committee on Foreign Affairs of the House of Representatives
that describes the use of unmanned aircraft systems (referred
to in this paragraph as ``UAS'') along the northern
international border of the United States, including--
(A) interagency coordination to mitigate incursions
from unauthorized UAS;
(B) any jurisdictional issues that would prevent
the mitigation of unauthorized UAS;
(C) the use of UAS by malign actors--
(i) to collect intelligence or surveil law
enforcement operations;
(ii) to move contraband, persons, or
payloads across the international border; or
(iii) to conduct espionage; and
(D) an assessment of the feasibility for joint,
cross-border law enforcement operations involving UAS
or counter-unmanned aircraft systems.
(2) Failure to finalize program report.--If the Program is
not finalized on or before the date that is 2 years after the
date of the enactment of this Act, the Secretary of Homeland
Security shall submit a report to the committees referred to in
paragraph (1) that includes--
(A) a description of any unresolved issues that are
preventing the completion of such Program;
(B) any actions that Congress could take to
facilitate the completion of such Program; and
(C) a recommendation regarding whether--
(i) the Secretary should continue trying to
establish such Program; or
(ii) such Program is not needed.
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