[Congressional Record Volume 171, Number 123 (Thursday, July 17, 2025)]
[Senate]
[Page S4471]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2926. Ms. HASSAN submitted an amendment intended to be proposed by
her to the bill S. 2296, to authorize appropriations for fiscal year
2026 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. 2. INTEGRATED CROSS BORDER AERIAL LAW ENFORCEMENT
OPERATIONS PROGRAM.
(a) Short Title.--This section may be cited as the ``Cross
Border Aerial Law Enforcement Operations Act''.
(b) 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.
(c) 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 (b), 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 (b)
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.
(d) Communications.--Each of the agencies referred to in
subsection (c)(1) are authorized to establish necessary
communication protocols for the safety of cross border aerial
law enforcement operations.
(e) 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 (c)(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.
(f) 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 subsection (c)(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.
(g) No Additional Funds.--No additional funds are
authorized to be appropriated for the purpose of carrying out
this section.
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