[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7832 Reported in Senate (RS)]
<DOC>
Calendar No. 754
118th CONGRESS
2d Session
H. R. 7832
[Report No. 118-334]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 24, 2024
Received; read twice and referred to the Committee on Homeland
Security and Governmental Affairs
December 19 (legislative day, December 16), 2024
Reported by Mr. Peters, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To require the Secretary of Homeland Security to develop a plan to
identify, integrate, and deploy new, innovative, disruptive, or other
emerging or advanced technologies to enhance, or address capability
gaps in, border security operations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Emerging Innovative Border
Technologies Act''.</DELETED>
<DELETED>SEC. 2. INNOVATIVE AND EMERGING BORDER TECHNOLOGY
PLAN.</DELETED>
<DELETED> (a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security, acting
through the Commissioner of U.S. Customs and Border Protection (CBP)
and the Under Secretary for Science and Technology of the Department of
Homeland Security, shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a plan to identify, integrate,
and deploy new, innovative, disruptive, or other emerging or advanced
technologies that may incorporate artificial intelligence, machine-
learning, automation, fiber-optic sensing technology, nanotechnology,
optical and cognitive radar, modeling and simulation technology,
hyperspectral and LIDAR sensors, imaging, identification, and
categorization systems, or other emerging or advanced technologies, to
enhance, or address capability gaps in, border security
operations.</DELETED>
<DELETED> (b) Contents.--The plan required under subsection (a)
shall include the following:</DELETED>
<DELETED> (1) Information regarding how CBP utilizes CBP
Innovation Team authority under subsection (c) and other
mechanisms to carry out the purposes specified in subsection
(a).</DELETED>
<DELETED> (2) An assessment of the contributions directly
attributable to such utilization.</DELETED>
<DELETED> (3) Information regarding the composition of each
CBP Innovation Team, and how each such Team coordinates and
integrates efforts with the CBP acquisition program office and
other partners within CBP and the Department of Homeland
Security.</DELETED>
<DELETED> (4) Identification of technologies used by other
Federal departments or agencies not in use by CBP that could
assist in enhancing, or addressing capability gaps in, border
security operations.</DELETED>
<DELETED> (5) An analysis of authorities available to CBP to
procure technologies referred to subsection (a), and an
assessment as to whether additional or alternative authorities
are needed to carry out the purposes specified in such
subsection.</DELETED>
<DELETED> (6) An explanation of how CBP plans to scale
existing programs related to emerging or advanced technologies
into programs of record.</DELETED>
<DELETED> (7) A description of each planned security-related
technology program, including objectives, goals, and timelines
for each such program.</DELETED>
<DELETED> (8) An assessment of the privacy and security
impact on border communities of security-related
technology.</DELETED>
<DELETED> (9) An assessment of CBP legacy border technology
programs that could be phased out and replaced by technologies
referred to in subsection (a), and cost estimates relating to
such phase out and replacement.</DELETED>
<DELETED> (10) Information relating to how CBP is
coordinating with the Department of Homeland Security's Science
and Technology Directorate to--</DELETED>
<DELETED> (A) research and develop new, innovative,
disruptive, or other emerging or advanced technologies
to carry out the purposes specified in subsection
(a);</DELETED>
<DELETED> (B) identify security-related technologies
that are in development or deployed by the private and
public sectors that may satisfy the mission needs of
CBP, with or without adaptation;</DELETED>
<DELETED> (C) incentivize the private sector to
develop technologies that may help CBP meet mission
needs to enhance, or address capability gaps in, border
security operations; and</DELETED>
<DELETED> (D) identify and assess ways to increase
opportunities for communication and collaboration with
the private sector, small and disadvantaged businesses,
intra-governmental entities, university centers of
excellence, and Federal laboratories to leverage
emerging technology and research within the public and
private sectors.</DELETED>
<DELETED> (11) Information on metrics and key performance
parameters for evaluating the effectiveness of efforts to
identify, integrate, and deploy new, innovative, disruptive, or
other emerging or advanced technologies to carry out the
purposes specified in subsection (a).</DELETED>
<DELETED> (12) An identification of recent technological
advancements in the following:</DELETED>
<DELETED> (A) Manned aircraft sensor, communication,
and common operating picture technology.</DELETED>
<DELETED> (B) Unmanned aerial systems and related
technology, including counter-unmanned aerial system
technology.</DELETED>
<DELETED> (C) Surveillance technology, including the
following:</DELETED>
<DELETED> (i) Mobile surveillance
vehicles.</DELETED>
<DELETED> (ii) Associated electronics,
including cameras, sensor technology, and
radar.</DELETED>
<DELETED> (iii) Tower-based surveillance
technology.</DELETED>
<DELETED> (iv) Advanced unattended
surveillance sensors.</DELETED>
<DELETED> (v) Deployable, lighter-than-air,
ground surveillance equipment.</DELETED>
<DELETED> (D) Nonintrusive inspection technology,
including non-X-ray devices utilizing muon tomography
and other advanced detection technology.</DELETED>
<DELETED> (E) Tunnel detection technology.</DELETED>
<DELETED> (F) Communications equipment, including
the following:</DELETED>
<DELETED> (i) Radios.</DELETED>
<DELETED> (ii) Long-term evolution
broadband.</DELETED>
<DELETED> (iii) Miniature
satellites.</DELETED>
<DELETED> (13) Any other information the Secretary
determines relevant.</DELETED>
<DELETED> (c) CBP Innovation Team Authority.--</DELETED>
<DELETED> (1) In general.--The Commissioner of CBP is
authorized to maintain one or more CBP Innovation Teams to
research and adapt commercial technologies that are new,
innovative, disruptive, or otherwise emerging or advanced that
may be used by CBP to enhance, or address capability gaps in
border security operations and urgent mission needs, and assess
potential outcomes, to include any negative consequences, of
the introduction of emerging or advanced technologies with
respect to which documented capability gaps in border security
operations are yet to be determined.</DELETED>
<DELETED> (2) Operating procedures, planning, strategic
goals.--The Commissioner of CBP shall require each team
maintained pursuant to paragraph (1) to establish the
following:</DELETED>
<DELETED> (A) Operating procedures that include
specificity regarding roles and responsibilities within
each such team and with respect to Department of
Homeland Security and non-Federal partners, and
protocols for entering into agreements to rapidly
transition such technologies to existing or new
programs of record to carry out the purposes specified
in subsection (a).</DELETED>
<DELETED> (B) Planning and strategic goals for each
such team that includes projected costs, time frames,
metrics, and key performance parameters relating to the
achievement of identified strategic goals, including a
metric to measure the rate at which technologies
described in subsection (a) are transitioned to
existing or new programs of record in accordance with
subparagraph (A)</DELETED>
<DELETED> (3) Reporting.--Not later than 180 days after the
date of the enactment of this Act and annually thereafter, the
Commissioner of CBP shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate
information relating to the activities CBP Innovation Teams,
including information regarding the following:</DELETED>
<DELETED> (A) Copies of operating procedures and
protocols under paragraph (2)(A) and planning and
strategic goals required under paragraph
(2)(B).</DELETED>
<DELETED> (B) Descriptions of the technologies
piloted by each such team over the immediately
preceding fiscal year, including information regarding
which such technologies are determined successful and
an identification of documented capability gaps that
are addressed.</DELETED>
<DELETED> (C) Information on the status of efforts
to rapidly transition technologies determined
successful to existing or new programs of
record.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emerging Innovative Border
Technologies Act''.
SEC. 2. INNOVATIVE AND EMERGING BORDER TECHNOLOGY PLAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security, acting
through the Commissioner for U.S. Customs and Border Protection
(referred to in this section as ``CBP'') and the Under Secretary for
Science and Technology of the Department of Homeland Security, in
consultation with the Department's Chief Information Officer, Chief
Procurement Officer, Privacy Officer, Civil Right and Civil Liberties
Officer, General Counsel, and any other relevant offices and components
of the Department of Homeland Security, shall submit a plan to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of Representatives
for identifying, integrating, and deploying new, innovative,
disruptive, or other emerging or advanced technologies that are safe
and secure to enhance CBP capabilities to meet its mission needs along
international borders or at ports of entry.
(b) Contents.--The plan required under subsection (a) shall
include--
(1) information regarding how CBP utilizes the CBP
Innovation Team authority under subsection (c) and other
mechanisms to carry out the purposes described in subsection
(a);
(2) an assessment of the contributions directly
attributable to such utilization;
(3) information regarding--
(A) the composition of each CBP Innovation Team;
and
(B) how each CBP Innovation Team coordinates and
integrates efforts with the CBP acquisition program
office and other partners within CBP and the Department
of Homeland Security;
(4) the identification of technologies used by other
Federal departments or agencies not in use by CBP that could
assist in enhancing mission needs along international borders
or at ports of entry;
(5) an analysis of authorities available to CBP to procure
technologies referred to in subsection (a);
(6) an assessment of whether additional or alternative
authorities are needed to carry out the purposes described in
subsection (a);
(7) an explanation of how CBP plans to scale existing
programs related to emerging or advanced technologies that are
safe and secure into programs of record;
(8) a description of each planned security-related
technology program, including objectives, goals, and timelines
for each such program;
(9) an assessment of the potential privacy, civil rights,
civil liberties, and safety impacts of these technologies on
individuals, and potential mitigation measures;
(10) an assessment of CBP legacy border technology programs
that could be phased out and replaced with technologies
referred to in subsection (a), including cost estimates
relating to such phase out and replacement;
(11) information relating to how CBP is coordinating with
the Department of Homeland Security's Science and Technology
Directorate--
(A) to research and develop new, innovative,
disruptive, or other emerging or advanced technologies
that are safe and secure to carry out the purposes
described in subsection (a);
(B) to identify new, innovative, disruptive, or
other emerging or advanced technologies that are safe
and secure and that are in development or have been
deployed by the private and public sectors and may
satisfy the mission needs of CBP, with or without
adaptation;
(C) to incentivize the private sector to develop
technologies, including privacy enhancing technologies,
that may help CBP meet mission needs to enhance, or
address capability gaps in, border security operations;
and
(D) to identify and assess ways to increase
opportunities for communication and collaboration with
the private sector, small, and disadvantaged
businesses, intra-governmental entities, university
centers of excellence, and Federal laboratories to
leverage emerging technology and research within the
public and private sectors;
(12) information relating to CBP's coordination with the
Department of Homeland Security official responsible for
artificial intelligence policy to ensure the plan complies with
the Department's policies and measures promoting responsible
use of artificial intelligence;
(13) information regarding metrics and key performance
parameters for evaluating the effectiveness of efforts to
identify, integrate, and deploy new, innovative, disruptive, or
other emerging or advanced technologies that are safe and
secure to carry out the purposes described in subsection (a);
(14) the identification of recent technological
advancements relating to--
(A) manned aircraft sensor, communication, and
common operating picture technology;
(B) unmanned aerial systems and related technology,
including counter-unmanned aerial system technology;
(C) surveillance technology, including--
(i) mobile surveillance vehicles;
(ii) associated electronics, including
cameras, sensor technology, and radar;
(iii) tower-based surveillance technology;
(iv) advanced unattended surveillance
sensors; and
(v) deployable, lighter-than-air, ground
surveillance equipment;
(D) nonintrusive inspection technology, including
non-X-ray devices utilizing muon tomography and other
advanced detection technology;
(E) tunnel detection technology;
(F) communications equipment, including--
(i) radios;
(ii) long-term evolution broadband;
(iii) miniature satellites;
(15) information relating to how CBP is coordinating with
the Department of Homeland Security's Chief Information
Officer, Chief Technology Officer, Privacy Officer, Civil
Rights and Civil Liberties Officer, General Counsel, and other
relevant offices and components of the Department in
researching, developing, acquiring, or scaling new, innovative,
disruptive, or other emerging or advanced technologies that are
safe and secure; and
(16) any other information the Secretary determines to be
relevant.
(c) CBP Innovation Team Authority.--
(1) In general.--The Commissioner for CBP is authorized to
maintain 1 or more CBP Innovation Teams to research and adapt
commercial technologies that are new, innovative, disruptive,
privacy enhancing, or otherwise emerging or advanced and may be
used by CBP--
(A) to enhance mission needs along international
borders and at ports of entry; and
(B) to assess potential outcomes, including any
negative consequences, of the introduction of emerging
or advanced technologies with respect to which
documented capability gaps in border security
operations are yet to be determined.
(2) Functions.--Each CBP Innovation Team shall--
(A) operate consistent with the Department of
Homeland Security's and CBP's--
(i) procurement and acquisition management
policy; and
(ii) policies pertaining to responsible use
of artificial intelligence; and
(B) consult with the Officer for Civil Rights and
Civil Liberties and the Privacy Officer of the
Department of Homeland Security to ensure programs,
policies, and procedures involving civil rights, civil
liberties, and privacy considerations are addressed in
an integrated and comprehensive manner.
(3) Operating procedures, planning, strategic goals.--The
Commissioner for CBP shall require each CBP Innovation Team
maintained pursuant to paragraph (1) to establish, in
coordination with other appropriate offices of the Department
of Homeland Security--
(A) operating procedures, which shall include--
(i) specificity regarding roles and
responsibilities within each such team and with
respect to Department of Homeland Security and
non-Federal partners; and
(ii) protocols for entering into agreements
to rapidly transition such technologies to
existing or new programs of record to carry out
the purposes described in subsection (a);
(B) planning and strategic goals for each such team
that includes projected costs, time frames, metrics,
and key performance parameters relating to the
achievement of identified strategic goals, including a
metric to measure the rate at which technologies
described in subsection (a) are transitioned to
existing or new programs of record in accordance with
subparagraph (A); and
(C) operating procedures that ensure each such team
is in compliance with all applicable laws, rules, and
regulations and with the Department of Homeland
Security's policies pertaining to procurement and
acquisition management, privacy, civil rights and civil
liberties, and the responsible use of artificial
intelligence, including risk assessments and ongoing
monitoring to ensure accuracy and reliability.
(4) Annual report.--Not later than 180 days after the date
of the enactment of this Act and annually thereafter, the
Commissioner for CBP shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives
information relating to the activities of CBP Innovation Teams,
including--
(A) copies of operating procedures and protocols
required under paragraph (2)(A) and planning and
strategic goals required under paragraph (2)(B);
(B) descriptions of the technologies piloted by
each such team during the immediately preceding fiscal
year, including--
(i) information regarding which such
technologies are determined to have been
successful; and
(ii) the identification of documented
capability gaps that are being addressed; and
(C) information regarding the status of efforts to
rapidly transition technologies determined successful
to existing or new programs of record.
(d) Cost-benefit.--Before initiating the large-scale deployment of
any new technology contained in the plan required under subsection (a),
the Secretary of Homeland Security shall consider the costs and
benefits to the Government to ensure that the deployment of such
technology will provide quantifiable improvements to border security.
Amend the title so as to read: ``An Act to require the
Secretary of Homeland Security to develop a plan to identify,
integrate, and deploy new, innovative, disruptive, or other
emerging or advanced technologies that are safe and secure to
enhance U.S. Customs and Border Protection's capabilities to
meet its mission needs along international borders and at ports
of entry.''.
Calendar No. 754
118th CONGRESS
2d Session
H. R. 7832
[Report No. 118-334]
_______________________________________________________________________
AN ACT
To require the Secretary of Homeland Security to develop a plan to
identify, integrate, and deploy new, innovative, disruptive, or other
emerging or advanced technologies to enhance, or address capability
gaps in, border security operations, and for other purposes.
_______________________________________________________________________
December 19 (legislative day, December 16), 2024
Reported with an amendment and an amendment to the title