[Senate Report 118-287]
[From the U.S. Government Publishing Office]
118th Congress
2d Session SENATE Report
118-287
_______________________________________________________________________
CROSS BORDER AERIAL LAW ENFORCEMENT OPERATIONS ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
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
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 9, 2024.--Ordered to be printed
_______
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2025
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
RICHARD BLUMENTHAL, Connecticut JOSH HAWLEY, Missouri
LAPHONZA R. BUTLER, California ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Alan S. Kahn, Chief Counsel
Christopher J. Mulkins, Director of Homeland Security
Katie A. Conley, Senior Professional Staff Member
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Andrew J. Hopkins, Minority Counsel
Megan M. Krynen, Minority Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 690
118th Congress } { Report
SENATE
2d Session } { 118-287
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CROSS BORDER AERIAL LAW ENFORCEMENT OPERATIONS ACT
_______
December 9, 2024.--Ordered to be printed
_______
Mr. Peters, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 4294]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (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,
having considered the same, reports favorably thereon with an
amendment, in the nature of a substitute, and recommends that
the bill, as amended, do pass.
CONTENTS
Page
I. Purpose and Summary.............................................. 1
II. Background and Need for the Legislation.......................... 2
III. Legislative History.............................................. 3
IV. Section-by-Section Analysis of the Bill, as Reported............. 3
V. Evaluation of Regulatory Impact.................................. 5
VI. Congressional Budget Office Cost Estimate........................ 5
VII. Changes in Existing Law Made by the Bill, as Reported............ 6
I. PURPOSE AND SUMMARY
S. 4294, the Cross Border Aerial Law Enforcement Operations
Act, authorizes the Secretary of Homeland Security to establish
an integrated cross border aerial law enforcement program
(Program) along the international border between the United
States and Canada, pursuant to a bilateral agreement with the
Government of Canada. It specifies that the Program may be
modeled off the existing framework between the U.S. and Canada
for maritime law enforcement and outlines elements of the
Program, including staffing and jurisdiction. If a Program is
not established within two years of enactment, the bill
requires the Secretary to submit a report to congressional
committees describing why the Program was not able to be
established. The bill also requires the Secretary of Homeland
Security to submit a report to congressional committees
describing the use of unmanned aircraft systems (UAS) along the
northern international border of the U.S.
II. BACKGROUND AND NEED FOR THE LEGISLATION
The northern border of the United States with Canada spans
5,525 miles, making it the longest international boundary
between any two countries in the world.\1\ In addition to its
significant span, the varying geographic, environmental, and
demographic attributes along the northern border make it a
complex operational environment for the Department of Homeland
Security (DHS).\2\ Because of these factors, DHS identified
domain awareness, the ``effective understanding of information,
threats, and anything associated with the domain that could
affect the safety, security, commerce, or environment of the
United States,'' as an enduring challenge along the northern
border in the Department's 2018 Northern Border Strategy.\3\ In
a 2019 report, the Government Accountability Office (GAO) also
noted that officials from U.S. Customs and Border Protection's
(CBP) Border Patrol and Air and Marine Operations stated that
there were gaps in air radar coverage and other land border
technology along the northern border. The same report
identified that there are not adequate performance measures to
assess effectiveness at securing the northern border between
ports of entry, including in the air and maritime
environments.\4\
---------------------------------------------------------------------------
\1\Department of Homeland Security, Northern Border Strategy
(June12, 2018)(www.dhs.gov/sites/default/files/publications/
18_0612_PLCY_DHS-Northern-Border-Strategy.pdf).
\2\Department of Homeland Security, Northern Border Strategy
(June2012)(www.dhs.gov/sites/default/files/publications/dhs-northern-
border-strategy.pdf).
\3\Department of Homeland Security, Northern Border Strategy
(June12, 2018)(www.dhs.gov/sites/default/files/publications/
18_0612_PLCY_DHS-Northern-Border-Strategy.pdf).
\4\Government Accountability Office, Northern Border Security: CBP
Identified Resource Challenges but Needs Performance Measures to Assess
Security Between Ports of Entry (GAO-19-470) (June 2019).
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To improve cross-border operations and the safety of the
northern border along shared waterways, in 2009, the
governments of the U.S. and Canada entered into a formal
agreement making Integrated Cross-Border Maritime Law
Enforcement Operations between the two countries, also referred
to as ``Shiprider,'' permanent.\5\ The agreement began as a
pilot program, including security support operations on the
Detroit River for the 2006 Super Bowl hosted in Detroit,
Michigan.\6\ Under this agreement, specified law enforcement
officers in the U.S. and Canada, that have undergone specific
training, are permitted to be aboard a maritime vessel of the
other country.\7\ The presence of these designated law
enforcement officers from one country on the maritime vessels
of the other country, enables that vessel to cross into the
other country's waterway to enforce the applicable laws of that
country.\8\ While this model enables U.S. and Canadian law
enforcement agencies to improve operational efficiencies, it is
limited to the maritime environment.
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\5\Department of Homeland Security: United States and Canada Act
Jointly to Combat Cross-Border Crime (May 26, 2009); Agreement
Concerning Maritime Interdiction Operations, U.S.-Can., Oct. 11, 2012,
T.I.A.S. No. 12-1011.
\6\The White House, Executive Office of the President, Office of
National Drug Control Policy, National Northern Border Counternarcotics
Strategy (Jan. 2012) (obamawhitehouse.archives.gov/sites/default/files/
ondcp/policy-and-research/national_northern_border_counternarcotics_
strategy_.pdf).
\7\Agreement Concerning Maritime Interdiction Operations, U.S.-
Can., Oct. 11, 2012, T.I.A.S. No. 12-1011.
\8\Department of Homeland Security: United States and Canada Act
Jointly to Combat Cross-Border Crime (May 26, 2009)
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The Cross Border Aerial Law Enforcement Operations Act
seeks to address the challenges and resource constraints of the
northern border and build on the Shiprider Program in the
maritime environment. Like the Shiprider Program, this
legislation would authorize the Secretary of Homeland Security
to establish an aerial law enforcement Program with the
Government of Canada, enabling aircraft with the presence of
specified, trained law enforcement personnel of one country to
enter the airspace of the other country in support of domain
awareness and security along the border. It would also require
the Secretary of Homeland Security to submit a report to
Congress regarding the use of UAS along the northern border, to
improve congressional oversight.
III. LEGISLATIVE HISTORY
Senator Margaret Hassan (D-NH) introduced S. 4294, the
Cross Border Aerial Law Enforcement Operations Act on May 8,
2024, with original cosponsor Senator James Lankford (R-OK).
The bill was referred to the Committee on Homeland Security and
Governmental Affairs. Senator Jon Ossoff (D-GA) joined as a
cosponsor on July 31, 2024.
The Committee considered S. 4294 at a business meeting on
July 31, 2024. At the business meeting, Senator Hassan offered
a substitute amendment to the bill as well as a modified
substitute amendment. The Hassan substitute amendment, as
modified, incorporated technical assistance from DHS and made
additional technical edits. The Committee adopted the
modification to the Hassan substitute amendment by unanimous
consent and adopted the substitute amendment as modified by
unanimous consent, with Senators Peters, Carper, Hassan,
Sinema, Rosen, Ossoff, Blumenthal, Butler, Paul, Lankford, and
Scott present.
The bill, as amended by the Hassan substitute amendment, as
modified, was ordered reported favorably by a roll call vote
with 10 yeas to 1 nay, with Senators Peters, Carper, Hassan,
Sinema, Rosen, Ossoff, Blumenthal, Butler, Lankford, and Scott
voting in the affirmative and Senator Paul voting in the
negative. Senators Johnson, Romney, Hawley, and Marshall voted
yea by proxy, for the record only.
IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED
Section 1. Short title
The section establishes the short title of the bill as the
``Cross Border Aerial Law Enforcement Operations Act.''
Section 2. Integrated Cross Border Aerial Law Enforcement Operations
Program
Subsection (a) authorizes the Secretary of Homeland
Security to establish an Integrated Cross Border Aerial Law
Enforcement Program along the international border between the
United States and Canada. It directs such a Program to be
established as laid out by the guidelines of a bilateral
agreement with the Government of Canada, should the Governments
of the United States and Canada seek to enter into one. It
specifies that this agreement may be modeled off the Framework
Agreement on Integrated Cross-Border Maritime Law Enforcement
Operations between the Government of the United States and the
Government of Canada, signed in Detroit on May 26, 2009.
Subsection (b) outlines the elements of the Program
authorized in subsection (a). It specifies that the Program may
be staffed by approved law enforcement officers from CBP, USCG,
Homeland Security Investigations, other Federal law enforcement
agencies designated by the Secretary of Homeland Security, as
appropriate, and appropriate law enforcement agencies of the
Government of Canada. It specifies that the jurisdiction of the
Program shall be limited to territory within 50 miles of either
side of the international border between the United States and
Canada, with specified exceptions. It requires that the Program
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. It also requires
the Secretary of Homeland Security to submit to Congressional
committees a copy of a bilateral agreement described in
subsection (a), not later than 30 days after receiving a copy
of such agreement, and to submit a description of the elements
and scope of the Program not later than 30 days after
implementing the Program. It specifies that any agreement with
the Government of Canada, described in subsection (a) must
include provisions that are intended to protect the privacy and
civil liberties of United States citizens, ensure that cross
border aerial law enforcement operations are conducted in a
manner that respect individual rights and complies with
applicable United States laws. It requires that any officer of
the United States or Canada, before participating in the
Program, complete sufficient training to ensure they understand
their responsibilities to protect the privacy, civil liberties,
and civil rights of United States citizens.
Subsection (c) authorizes the agencies identified in
subsection (b)(1) for participation in the Program to establish
necessary communication protocols for the safety of cross
border aerial law enforcement operations.
Subsection (d) directs the Secretary of Homeland Security
to submit a report to appropriate Congressional committees if
the Program is not established on or before a date that is 2
years after the date of enactment of the bill. It requires the
report to include a description of any unresolved issues that
are preventing the establishment of the Program, any actions
that Congress could take to facilitate the establishment of the
Program, and potential concerns relating to civil rights, civil
liberties, or privacy that have impacted the establishment of
the Program. It also requires that such a report include
recommendations regarding whether the Secretary should continue
trying to establish such Program or if the Program is not
needed.
Section 3. Unmanned Aircraft System Report
The section requires the Secretary of Homeland Security to
submit a report to appropriate Congressional committees that
describes the use of UAS along the northern international
border of the United States. It specifies that the report
include information regarding interagency coordination to
mitigate incursions from unauthorized UAS, any jurisdictional
issues that would prevent the mitigation of unauthorized UAS,
the use of UAS by malign actors, an assessment of the
feasibility for joint, cross-border law enforcement operations
involving UAS or counter-UAS (C-UAS) systems, and potential
risks to civil rights, civil liberties, and privacy resulting
from DHS operating UAS and C-UAS systems along the northern
border. It specifies that the report shall be submitted not
later than 1 year after enactment and that the report shall be
unclassified, with a classified annex, if necessary.
Section 4. No additional funds
The section specifies that no additional funds are
authorized to be appropriated for the purpose of carrying out
the Act.
V. EVALUATION OF REGULATORY IMPACT
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 4294 would authorize the Department of Homeland Security
(DHS) to establish a program to conduct joint aerial law
enforcement operations along the northern border of the United
States and increase communication and collaboration with
Canada. Under the bill, such a program could only be
established pursuant to a bilateral agreement with the Canadian
government. S. 4294 would require DHS to report to the Congress
within 30 days of implementing the program about its scope and
within two years of enactment if DHS fails to establish the
program. Lastly, S. 4294 would require DHS to report to the
Congress on the use of unmanned aircraft systems at the
northern border.
Based on the time it took to implement similar agreements,
CBO expects that DHS would begin to incur costs in 2025 but not
fully implement the program until 2026. Using information from
DHS, CBO estimates that the department would need five people
each year, at an average annual cost of about $230,000 per
employee in 2025, for a total of $6 million in personnel costs
over the 2024-2029 period. Additionally, based on the
department's current spending on aircraft fuel and maintenance,
CBO estimates that DHS would need $2 million over the 2024-2029
period to fund additional aerial operations. In total, CBO
estimates that implementing S. 4294 would cost $8 million over
the 2024-2029 period. Any related spending would be subject to
the availability of appropriated funds.
The CBO staff contact for this estimate is Jeremy Crimm.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
This legislation would make no change in existing law,
within the meaning of clauses (a) and (b) of subparagraph 12 of
rule XXVI of the Standing Rules of the Senate, because this
legislation would not repeal or amend any provision of current
law.
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