[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1184 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 1184
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
March 27, 2025
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 may 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;
(B) the United States Coast Guard;
(C) Homeland Security Investigations;
(D) any other Federal law enforcement agency, as
appropriate, designated by the Secretary of Homeland
Security; and
(E) appropriate law enforcement agencies of the
Government of Canada.
(2) Scope.--The jurisdiction of the Program shall be
limited to the territory located within 50 miles of either side
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, as defined in the
underlying bilateral agreement, 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.
(4) Notification requirements.--
(A) Bilateral agreement.--Not later than 30 days
after receiving a copy of a bilateral agreement
described in subsection (a), the Secretary of Homeland
Security shall submit a signed copy of such agreement
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.
(B) Program elements and scope.--Not later than 30
days after the implementation of the Program, the
Secretary of Homeland Security shall submit a written
description of the elements and scope of the Program to
the congressional committees listed under subparagraph
(A).
(5) Privacy, civil rights, and civil liberties training.--
(A) In general.--Any agreement described in
subsection (a) shall include specific provisions that--
(i) are intended to protect the privacy and
civil liberties of United States citizens; and
(ii) ensure that cross border aerial law
enforcement operations are conducted in a
manner that--
(I) respects individual rights; and
(II) complies with applicable
United States laws.
(B) Training.--Any officer of the United States or
of Canada, before participating in the Program, shall
complete sufficient training to ensure they understand
their responsibilities to protect the privacy, civil
liberties, and civil rights of United States citizens.
(c) Communications.--Each of the agencies referred to in subsection
(b)(1) are authorized to establish necessary communication protocols
for the safety of cross border aerial law enforcement operations.
(d) Failure To Finalize Program Report.--If the Program is not
established 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 congressional committees referred to in subsection
(b)(4)(A) that includes--
(1) a description of any unresolved issues that are
preventing the establishment of the Program;
(2) any actions that Congress could take to facilitate the
establishment of such Program;
(3) any potential concerns relating to civil rights, civil
liberties, or privacy that have impacted the establishment of
the Program; and
(4) a recommendation regarding whether--
(A) the Secretary should continue trying to
establish such Program; or
(B) such Program is not needed.
SEC. 3. 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 an unclassified report,
with a classified annex, if necessary, to the congressional committees
referred to in section 2(b)(4)(A) that describes the use of unmanned
aircraft systems (referred to in this section as ``UAS'') along the
northern international border of the United States, including--
(1) interagency coordination to mitigate incursions from
unauthorized UAS;
(2) any jurisdictional issues that would prevent the
mitigation of unauthorized UAS;
(3) the use of UAS by malign actors--
(A) to collect intelligence or surveil law
enforcement operations;
(B) to move contraband, persons, or payloads across
the international border; or
(C) to conduct espionage;
(4) an assessment of the feasibility for joint, cross-
border law enforcement operations involving UAS or counter-
unmanned aircraft systems; and
(5) the potential risks to civil rights, civil liberties,
and privacy resulting from the Department of Homeland Security
operating UAS and counter-unmanned aircraft systems along the
northern border of the United States.
SEC. 4. NO ADDITIONAL FUNDS.
No additional funds are authorized to be appropriated for the
purpose of carrying out this Act.
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