II 

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. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Law Enforcement Operations Act’’. 


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1 SEC. 2. INTEGRATED CROSS BORDER AERIAL LAW EN2 FORCEMENT OPERATIONS PROGRAM. 

3 (a) AUTHORIZATION.—If authorized pursuant to a bi4 lateral agreement between the United States Government 

5 and the Government of Canada, the Secretary of Home6 land Security may establish an integrated cross border 

7 aerial law enforcement program (referred to in this section 

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

9 the United States and Canada, which should be modeled 

10 off the Framework Agreement on Integrated Cross-Border 

11 Maritime Law Enforcement Operations Between the Gov12 ernment of the United States of America and the Govern13 ment of Canada, done at Detroit May 26, 2009. 

14 (b) PROGRAM ELEMENTS.— 

15 (1) PARTICIPANTS.—The Program may be 

16 staffed by approved law enforcement officers from— 

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

18 including personnel from Air and Marine Oper19 ations, U.S. Border Patrol, or the Office of 

20 Field Operations; 

21 (B) the United States Coast Guard; and 

22 (C) any other Federal law enforcement 

23 agency designated by the Secretary of Home24 land Security. 

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

26 shall be limited to the territory located within 50 


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1 miles of the international border between the United 

2 States and Canada unless— 

3 (A) a situation within such territory re4 quires an aircraft to leave from or return to an 

5 airport, heliport, or base of operations located 

6 outside such territory; or 

7 (B) there are exigent circumstances relat8 ing to authorized Program activities, including 

9 an emergency on an aircraft or an emergency 

10 on the ground. 

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

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

13 individuals within the jurisdiction of the United 

14 States are guaranteed in accordance with Federal 

15 law. 

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

17 Protection and any other law enforcement agency des18 ignated by the Secretary of Homeland Security are au19 thorized to establish necessary communication protocols 

20 for the safety of cross border aerial law enforcement oper21 ations. 

22 (d) REPORTING REQUIREMENTS.— 

23 (1) UNMANNED AIRCRAFT SYSTEM REPORT.— 

24 Not later than 1 year after the date of the enact25 ment of this Act, the Secretary of Homeland SecuVerDate Sep 11 2014 02:11 May 10, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4294.IS S4294

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1 rity shall submit a report to the Committee on 

2 Homeland Security and Governmental Affairs of the 

3 Senate, the Committee on Foreign Relations of the 

4 Senate, the Committee on Homeland Security of the 

5 House of Representatives, and the Committee on 

6 Foreign Affairs of the House of Representatives that 

7 describes the use of unmanned aircraft systems (re8 ferred to in this paragraph as ‘‘UAS’’) along the 

9 northern international border of the United States, 

10 including— 

11 (A) interagency coordination to mitigate 

12 incursions from unauthorized UAS; 

13 (B) any jurisdictional issues that would 

14 prevent the mitigation of unauthorized UAS; 

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

16 (i) to collect intelligence or surveil law 

17 enforcement operations; 

18 (ii) to move contraband, persons, or 

19 payloads across the international border; 

20 or 

21 (iii) to conduct espionage; and 

22 (D) an assessment of the feasibility for 

23 joint, cross-border law enforcement operations 

24 involving UAS or counter-unmanned aircraft 

25 systems. 


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1 (2) FAILURE TO FINALIZE PROGRAM REPORT.— 

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

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

4 this Act, the Secretary of Homeland Security shall 

5 submit a report to the committees referred to in 

6 paragraph (1) that includes— 

7 (A) a description of any unresolved issues 

8 that are preventing the completion of such Pro9 gram; 

10 (B) any actions that Congress could take 

11 to facilitate the completion of such Program; 

12 and 

13 (C) a recommendation regarding wheth14 er— 

15 (i) the Secretary should continue try16 ing to establish such Program; or 

17 (ii) such Program is not needed. 

Æ 


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