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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4294 Reported in Senate (RS)]

<DOC>

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Cross Border Aerial Law 
Enforcement Operations Act''.</DELETED>

<DELETED>SEC. 2. INTEGRATED CROSS BORDER AERIAL LAW ENFORCEMENT 
              OPERATIONS PROGRAM.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Program Elements.--</DELETED>
        <DELETED>    (1) Participants.--The Program may be staffed by 
        approved law enforcement officers from--</DELETED>
                <DELETED>    (A) U.S. Customs and Border Protection, 
                including personnel from Air and Marine Operations, 
                U.S. Border Patrol, or the Office of Field 
                Operations;</DELETED>
                <DELETED>    (B) the United States Coast Guard; 
                and</DELETED>
                <DELETED>    (C) any other Federal law enforcement 
                agency designated by the Secretary of Homeland 
                Security.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) there are exigent circumstances 
                relating to authorized Program activities, including an 
                emergency on an aircraft or an emergency on the 
                ground.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Reporting Requirements.--</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) interagency coordination to mitigate 
                incursions from unauthorized UAS;</DELETED>
                <DELETED>    (B) any jurisdictional issues that would 
                prevent the mitigation of unauthorized UAS;</DELETED>
                <DELETED>    (C) the use of UAS by malign actors--
                </DELETED>
                        <DELETED>    (i) to collect intelligence or 
                        surveil law enforcement operations;</DELETED>
                        <DELETED>    (ii) to move contraband, persons, 
                        or payloads across the international border; 
                        or</DELETED>
                        <DELETED>    (iii) to conduct espionage; 
                        and</DELETED>
                <DELETED>    (D) an assessment of the feasibility for 
                joint, cross-border law enforcement operations 
                involving UAS or counter-unmanned aircraft 
                systems.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) a description of any unresolved issues 
                that are preventing the completion of such 
                Program;</DELETED>
                <DELETED>    (B) any actions that Congress could take 
                to facilitate the completion of such Program; 
                and</DELETED>
                <DELETED>    (C) a recommendation regarding whether--
                </DELETED>
                        <DELETED>    (i) the Secretary should continue 
                        trying to establish such Program; or</DELETED>
                        <DELETED>    (ii) such Program is not 
                        needed.</DELETED>

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.--The Secretary of Homeland Security may 
establish, pursuant to a bilateral agreement with the Government of 
Canada, 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.
                                                       Calendar No. 690

118th CONGRESS

  2d Session

                                S. 4294

                          [Report No. 118-287]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            December 9, 2024

                       Reported with an amendment
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