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[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
```