Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB1184 Compare Versions

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11 II
22 119THCONGRESS
33 1
44 STSESSION S. 1184
55 To direct the Secretary of Homeland Security to negotiate with the Govern-
66 ment of Canada regarding an agreement for integrated cross border
77 aerial law enforcement operations, and for other purposes.
88 IN THE SENATE OF THE UNITED STATES
99 MARCH27, 2025
1010 Ms. H
1111 ASSAN(for herself and Mr. LANKFORD) introduced the following bill;
1212 which was read twice and referred to the Committee on Homeland Secu-
1313 rity and Governmental Affairs
1414 A BILL
1515 To direct the Secretary of Homeland Security to negotiate
1616 with the Government of Canada regarding an agreement
1717 for integrated cross border aerial law enforcement oper-
1818 ations, and for other purposes.
1919 Be it enacted by the Senate and House of Representa-1
2020 tives of the United States of America in Congress assembled, 2
2121 SECTION 1. SHORT TITLE. 3
2222 This Act may be cited as the ‘‘Cross Border Aerial 4
2323 Law Enforcement Operations Act’’. 5
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2727 SEC. 2. INTEGRATED CROSS BORDER AERIAL LAW EN-1
2828 FORCEMENT OPERATIONS PROGRAM. 2
2929 (a) A
3030 UTHORIZATION.—If authorized pursuant to a bi-3
3131 lateral agreement between the United States Government 4
3232 and the Government of Canada, the Secretary of Home-5
3333 land Security may establish an integrated cross border 6
3434 aerial law enforcement program (referred to in this section 7
3535 as the ‘‘Program’’) along the international border between 8
3636 the United States and Canada, which may be modeled off 9
3737 the Framework Agreement on Integrated Cross-Border 10
3838 Maritime Law Enforcement Operations Between the Gov-11
3939 ernment of the United States of America and the Govern-12
4040 ment of Canada, done at Detroit May 26, 2009. 13
4141 (b) P
4242 ROGRAMELEMENTS.— 14
4343 (1) P
4444 ARTICIPANTS.—The Program may be 15
4545 staffed by approved law enforcement officers from— 16
4646 (A) U.S. Customs and Border Protection; 17
4747 (B) the United States Coast Guard; 18
4848 (C) Homeland Security Investigations; 19
4949 (D) any other Federal law enforcement 20
5050 agency, as appropriate, designated by the Sec-21
5151 retary of Homeland Security; and 22
5252 (E) appropriate law enforcement agencies 23
5353 of the Government of Canada. 24
5454 (2) S
5555 COPE.—The jurisdiction of the Program 25
5656 shall be limited to the territory located within 50 26
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6060 miles of either side of the international border be-1
6161 tween the United States and Canada unless— 2
6262 (A) a situation within such territory re-3
6363 quires an aircraft to leave from or return to an 4
6464 airport, heliport, or base of operations located 5
6565 outside such territory; or 6
6666 (B) there are exigent circumstances relat-7
6767 ing to authorized Program activities, as defined 8
6868 in the underlying bilateral agreement, including 9
6969 an emergency on an aircraft or an emergency 10
7070 on the ground. 11
7171 (3) C
7272 IVIL RIGHTS.—The Program shall ensure 12
7373 that the civil rights, civil liberties, and privacy of all 13
7474 individuals within the jurisdiction of the United 14
7575 States are guaranteed in accordance with Federal 15
7676 law. 16
7777 (4) N
7878 OTIFICATION REQUIREMENTS .— 17
7979 (A) B
8080 ILATERAL AGREEMENT .—Not later 18
8181 than 30 days after receiving a copy of a bilat-19
8282 eral agreement described in subsection (a), the 20
8383 Secretary of Homeland Security shall submit a 21
8484 signed copy of such agreement to the Com-22
8585 mittee on Homeland Security and Govern-23
8686 mental Affairs of the Senate, the Committee on 24
8787 Foreign Relations of the Senate, the Committee 25
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9191 on Homeland Security of the House of Rep-1
9292 resentatives, and the Committee on Foreign Af-2
9393 fairs of the House of Representatives. 3
9494 (B) P
9595 ROGRAM ELEMENTS AND SCOPE .— 4
9696 Not later than 30 days after the implementa-5
9797 tion of the Program, the Secretary of Homeland 6
9898 Security shall submit a written description of 7
9999 the elements and scope of the Program to the 8
100100 congressional committees listed under subpara-9
101101 graph (A). 10
102102 (5) P
103103 RIVACY, CIVIL RIGHTS, AND CIVIL LIB-11
104104 ERTIES TRAINING.— 12
105105 (A) I
106106 N GENERAL.—Any agreement de-13
107107 scribed in subsection (a) shall include specific 14
108108 provisions that— 15
109109 (i) are intended to protect the privacy 16
110110 and civil liberties of United States citizens; 17
111111 and 18
112112 (ii) ensure that cross border aerial law 19
113113 enforcement operations are conducted in a 20
114114 manner that— 21
115115 (I) respects individual rights; and 22
116116 (II) complies with applicable 23
117117 United States laws. 24
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121121 (B) TRAINING.—Any officer of the United 1
122122 States or of Canada, before participating in the 2
123123 Program, shall complete sufficient training to 3
124124 ensure they understand their responsibilities to 4
125125 protect the privacy, civil liberties, and civil 5
126126 rights of United States citizens. 6
127127 (c) C
128128 OMMUNICATIONS.—Each of the agencies re-7
129129 ferred to in subsection (b)(1) are authorized to establish 8
130130 necessary communication protocols for the safety of cross 9
131131 border aerial law enforcement operations. 10
132132 (d) F
133133 AILURETOFINALIZEPROGRAMREPORT.—If 11
134134 the Program is not established on or before the date that 12
135135 is 2 years after the date of the enactment of this Act, 13
136136 the Secretary of Homeland Security shall submit a report 14
137137 to the congressional committees referred to in subsection 15
138138 (b)(4)(A) that includes— 16
139139 (1) a description of any unresolved issues that 17
140140 are preventing the establishment of the Program; 18
141141 (2) any actions that Congress could take to fa-19
142142 cilitate the establishment of such Program; 20
143143 (3) any potential concerns relating to civil 21
144144 rights, civil liberties, or privacy that have impacted 22
145145 the establishment of the Program; and 23
146146 (4) a recommendation regarding whether— 24
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150150 (A) the Secretary should continue trying to 1
151151 establish such Program; or 2
152152 (B) such Program is not needed. 3
153153 SEC. 3. UNMANNED AIRCRAFT SYSTEM REPORT. 4
154154 Not later than 1 year after the date of the enactment 5
155155 of this Act, the Secretary of Homeland Security shall sub-6
156156 mit an unclassified report, with a classified annex, if nec-7
157157 essary, to the congressional committees referred to in sec-8
158158 tion 2(b)(4)(A) that describes the use of unmanned air-9
159159 craft systems (referred to in this section as ‘‘UAS’’) along 10
160160 the northern international border of the United States, in-11
161161 cluding— 12
162162 (1) interagency coordination to mitigate incur-13
163163 sions from unauthorized UAS; 14
164164 (2) any jurisdictional issues that would prevent 15
165165 the mitigation of unauthorized UAS; 16
166166 (3) the use of UAS by malign actors— 17
167167 (A) to collect intelligence or surveil law en-18
168168 forcement operations; 19
169169 (B) to move contraband, persons, or pay-20
170170 loads across the international border; or 21
171171 (C) to conduct espionage; 22
172172 (4) an assessment of the feasibility for joint, 23
173173 cross-border law enforcement operations involving 24
174174 UAS or counter-unmanned aircraft systems; and 25
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178178 (5) the potential risks to civil rights, civil lib-1
179179 erties, and privacy resulting from the Department of 2
180180 Homeland Security operating UAS and counter-un-3
181181 manned aircraft systems along the northern border 4
182182 of the United States. 5
183183 SEC. 4. NO ADDITIONAL FUNDS. 6
184184 No additional funds are authorized to be appro-7
185185 priated for the purpose of carrying out this Act. 8
186186 Æ
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