S. 1184 — Cross Border Aerial Law Enforcement Operations Act

This section authorizes the Secretary of Homeland Security to establish an integrated cross-border aerial law enforcement program along the U.S.-Canada international border, if authorized pursuant to a bilateral agreement modeled on the 2009 Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations. The program may include (1) personnel from U.S. Customs and Border Protection, the U.S. Coast Guard, Homeland Security Investigations, other DHS-designated federal law enforcement agencies, and Canadian agencies; (2) operations limited to territory within 50 miles of either side of the border, with exceptions for aircraft access to bases outside that area or exigent circumstances (e.g., onboard or ground emergencies); (3) safeguards for U.S. civil rights, civil liberties, and privacy under federal law; (4) notifications to specified congressional committees of the bilateral agreement within 30 days of receipt and of program elements and scope within 30 days of implementation; and (5) training requirements for all participating officers on protecting U.S. privacy, civil rights, and civil liberties. The section further authorizes agencies to establish communication protocols for operations and requires a report to congressional committees within two years of enactment if the program is not established, detailing barriers, potential congressional actions, civil rights/privacy concerns, and a recommendation on continuation.

This section directs the Secretary of Homeland Security to submit to the congressional committees specified in section 2(b)(4)(A) an unclassified report, with a classified annex if necessary, not later than one year after enactment of this Act, describing the use of unmanned aircraft systems (UAS) along the U.S. northern international border. The report must address (1) interagency coordination to mitigate unauthorized UAS incursions; (2) jurisdictional issues impeding such mitigation; (3) UAS use by malign actors to collect intelligence or surveil law enforcement, move contraband, persons, or payloads across the border, or conduct espionage; (4) the feasibility of joint, cross-border law enforcement operations involving UAS or counter-UAS; and (5) risks to civil rights, civil liberties, and privacy from Department of Homeland Security UAS and counter-UAS operations along the northern border.