II 

Calendar No. 690 

118TH CONGRESS 

2D SESSION S. 4294 

[Report No. 118–287] 

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, Mr. LANKFORD, and Mr. OSSOFF) introduced the 

following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

DECEMBER 9, 2024 

Reported by Mr. PETERS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Cross Border Aerial 

3 Law Enforcement Operations Act’’. 

4 SEC. 2. INTEGRATED CROSS BORDER AERIAL LAW EN5 FORCEMENT OPERATIONS PROGRAM. 

6 (a) AUTHORIZATION.—If authorized pursuant to a bi7 lateral agreement between the United States Government 

8 and the Government of Canada, the Secretary of Home9 land Security may establish an integrated cross border 

10 aerial law enforcement program (referred to in this section 

11 as the ‘‘Program’’) along the international border between 

12 the United States and Canada, which should be modeled 

13 off the Framework Agreement on Integrated Cross-Border 

14 Maritime Law Enforcement Operations Between the Gov15 ernment of the United States of America and the Govern16 ment of Canada, done at Detroit May 26, 2009. 

17 (b) PROGRAM ELEMENTS.— 

18 (1) PARTICIPANTS.—The Program may be 

19 staffed by approved law enforcement officers from— 

20 (A) U.S. Customs and Border Protection, 

21 including personnel from Air and Marine Oper22 ations, U.S. Border Patrol, or the Office of 

23 Field Operations; 

24 (B) the United States Coast Guard; and 


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1 (C) any other Federal law enforcement 

2 agency designated by the Secretary of Home3 land Security. 

4 (2) SCOPE.—The jurisdiction of the Program 

5 shall be limited to the territory located within 50 

6 miles of the international border between the United 

7 States and Canada unless— 

8 (A) a situation within such territory re9 quires an aircraft to leave from or return to an 

10 airport, heliport, or base of operations located 

11 outside such territory; or 

12 (B) there are exigent circumstances relat13 ing to authorized Program activities, including 

14 an emergency on an aircraft or an emergency 

15 on the ground. 

16 (3) CIVIL RIGHTS.—The Program shall ensure 

17 that the civil rights, civil liberties, and privacy of all 

18 individuals within the jurisdiction of the United 

19 States are guaranteed in accordance with Federal 

20 law. 

21 (c) COMMUNICATIONS.—U.S. Customs and Border 

22 Protection and any other law enforcement agency des23 ignated by the Secretary of Homeland Security are au24 thorized to establish necessary communication protocols 


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1 for the safety of cross border aerial law enforcement oper2 ations. 

3 (d) REPORTING REQUIREMENTS.— 

4 (1) UNMANNED AIRCRAFT SYSTEM REPORT.— 

5 Not later than 1 year after the date of the enact6 ment of this Act, the Secretary of Homeland Secu7 rity shall submit a report to the Committee on 

8 Homeland Security and Governmental Affairs of the 

9 Senate, the Committee on Foreign Relations of the 

10 Senate, the Committee on Homeland Security of the 

11 House of Representatives, and the Committee on 

12 Foreign Affairs of the House of Representatives that 

13 describes the use of unmanned aircraft systems (re14 ferred to in this paragraph as ‘‘UAS’’) along the 

15 northern international border of the United States, 

16 including— 

17 (A) interagency coordination to mitigate 

18 incursions from unauthorized UAS; 

19 (B) any jurisdictional issues that would 

20 prevent the mitigation of unauthorized UAS; 

21 (C) the use of UAS by malign actors— 

22 (i) to collect intelligence or surveil law 

23 enforcement operations; 


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1 (ii) to move contraband, persons, or 

2 payloads across the international border; 

3 or 

4 (iii) to conduct espionage; and 

5 (D) an assessment of the feasibility for 

6 joint, cross-border law enforcement operations 

7 involving UAS or counter-unmanned aircraft 

8 systems. 

9 (2) FAILURE TO FINALIZE PROGRAM REPORT.— 

10 If the Program is not finalized on or before the date 

11 that is 2 years after the date of the enactment of 

12 this Act, the Secretary of Homeland Security shall 

13 submit a report to the committees referred to in 

14 paragraph (1) that includes— 

15 (A) a description of any unresolved issues 

16 that are preventing the completion of such Pro17 gram; 

18 (B) any actions that Congress could take 

19 to facilitate the completion of such Program; 

20 and 

21 (C) a recommendation regarding wheth22 er— 

23 (i) the Secretary should continue try24 ing to establish such Program; or 

25 (ii) such Program is not needed. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Cross Border Aerial Law 

3 Enforcement Operations Act’’. 

4 SEC. 2. INTEGRATED CROSS BORDER AERIAL LAW EN5 FORCEMENT OPERATIONS PROGRAM. 

6 (a) AUTHORIZATION.—The Secretary of Homeland Se7 curity may establish, pursuant to a bilateral agreement 

8 with the Government of Canada, an integrated cross border 

9 aerial law enforcement program (referred to in this section 

10 as the ‘‘Program’’) along the international border between 

11 the United States and Canada, which may be modeled off 

12 the Framework Agreement on Integrated Cross-Border Mar13 itime Law Enforcement Operations Between the Govern14 ment of the United States of America and the Government 

15 of Canada, done at Detroit May 26, 2009. 

16 (b) PROGRAM ELEMENTS.— 

17 (1) PARTICIPANTS.—The Program may be 

18 staffed by approved law enforcement officers from— 

19 (A) U.S. Customs and Border Protection; 

20 (B) the United States Coast Guard; 

21 (C) Homeland Security Investigations; 

22 (D) any other Federal law enforcement 

23 agency, as appropriate, designated by the Sec24 retary of Homeland Security; and 

25 (E) appropriate law enforcement agencies of 

26 the Government of Canada. 


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1 (2) SCOPE.—The jurisdiction of the Program 

2 shall be limited to the territory located within 50 

3 miles of either side of the international border be4 tween the United States and Canada unless— 

5 (A) a situation within such territory re6 quires an aircraft to leave from or return to an 

7 airport, heliport, or base of operations located 

8 outside such territory; or 

9 (B) there are exigent circumstances relating 

10 to authorized Program activities, as defined in 

11 the underlying bilateral agreement, including an 

12 emergency on an aircraft or an emergency on the 

13 ground. 

14 (3) CIVIL RIGHTS.—The Program shall ensure 

15 that the civil rights, civil liberties, and privacy of all 

16 individuals within the jurisdiction of the United 

17 States are guaranteed in accordance with Federal 

18 law. 

19 (4) NOTIFICATION REQUIREMENTS.— 

20 (A) BILATERAL AGREEMENT.—Not later 

21 than 30 days after receiving a copy of a bilateral 

22 agreement described in subsection (a), the Sec23 retary of Homeland Security shall submit a 

24 signed copy of such agreement to the Committee 

25 on Homeland Security and Governmental AfVerDate Sep 11 2014 01:24 Dec 10, 2024 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S4294.RS S4294

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1 fairs of the Senate, the Committee on Foreign 

2 Relations of the Senate, the Committee on Home3 land Security of the House of Representatives, 

4 and the Committee on Foreign Affairs of the 

5 House of Representatives. 

6 (B) PROGRAM ELEMENTS AND SCOPE.—Not 

7 later than 30 days after the implementation of 

8 the Program, the Secretary of Homeland Secu9 rity shall submit a written description of the ele10 ments and scope of the Program to the congres11 sional committees listed under subparagraph 

12 (A). 

13 (5) PRIVACY, CIVIL RIGHTS, AND CIVIL LIB14 ERTIES TRAINING.— 

15 (A) IN GENERAL.—Any agreement described 

16 in subsection (a) shall include specific provisions 

17 that— 

18 (i) are intended to protect the privacy 

19 and civil liberties of United States citizens; 

20 and 

21 (ii) ensure that cross border aerial law 

22 enforcement operations are conducted in a 

23 manner that— 

24 (I) respects individual rights; and 


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1 (II) complies with applicable 

2 United States laws. 

3 (B) TRAINING.—Any officer of the United 

4 States or of Canada, before participating in the 

5 Program, shall complete sufficient training to 

6 ensure they understand their responsibilities to 

7 protect the privacy, civil liberties, and civil 

8 rights of United States citizens. 

9 (c) COMMUNICATIONS.—Each of the agencies referred 

10 to in subsection (b)(1) are authorized to establish necessary 

11 communication protocols for the safety of cross border aerial 

12 law enforcement operations. 

13 (d) FAILURE TO FINALIZE PROGRAM REPORT.—If the 

14 Program is not established on or before the date that is 2 

15 years after the date of the enactment of this Act, the Sec16 retary of Homeland Security shall submit a report to the 

17 congressional committees referred to in subsection (b)(4)(A) 

18 that includes— 

19 (1) a description of any unresolved issues that 

20 are preventing the establishment of the Program; 

21 (2) any actions that Congress could take to fa22 cilitate the establishment of such Program; 

23 (3) any potential concerns relating to civil 

24 rights, civil liberties, or privacy that have impacted 

25 the establishment of the Program; and 


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1 (4) a recommendation regarding whether— 

2 (A) the Secretary should continue trying to 

3 establish such Program; or 

4 (B) such Program is not needed. 

5 SEC. 3. UNMANNED AIRCRAFT SYSTEM REPORT. 

6 Not later than 1 year after the date of the enactment 

7 of this Act, the Secretary of Homeland Security shall sub8 mit an unclassified report, with a classified annex, if nec9 essary, to the congressional committees referred to in section 

10 2(b)(4)(A) that describes the use of unmanned aircraft sys11 tems (referred to in this section as ‘‘UAS’’) along the north12 ern international border of the United States, including— 

13 (1) interagency coordination to mitigate incur14 sions from unauthorized UAS; 

15 (2) any jurisdictional issues that would prevent 

16 the mitigation of unauthorized UAS; 

17 (3) the use of UAS by malign actors— 

18 (A) to collect intelligence or surveil law en19 forcement operations; 

20 (B) to move contraband, persons, or pay21 loads across the international border; or 

22 (C) to conduct espionage; 

23 (4) an assessment of the feasibility for joint, 

24 cross-border law enforcement operations involving 

25 UAS or counter-unmanned aircraft systems; and 


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1 (5) the potential risks to civil rights, civil lib2 erties, and privacy resulting from the Department of 

3 Homeland Security operating UAS and counter-un4 manned aircraft systems along the northern border of 

5 the United States. 

6 SEC. 4. NO ADDITIONAL FUNDS. 

7 No additional funds are authorized to be appropriated 

8 for the purpose of carrying out this Act. 


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Calendar No. 690 

118TH CONGRESS 

2D SESSION S. 4294 

[Report No. 118–287] 

A BILL 

To direct the Secretary of Homeland Security to 

purposes. aerial law enforcement operations, and for other garding an agreement for integrated cross border negotiate with the Government of Canada reDECEMBER 9, 2024 

Reported with an amendment 


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