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
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.