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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5407 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5407

  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.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 2, 2024

 Ms. Cortez Masto introduced the following bill; which was read twice 
  and referred to the Committee on Homeland Security and Governmental 
                                Affairs

_______________________________________________________________________

                                 A BILL

 
  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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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; and
                    (F) communications equipment, including--
                            (i) radios;
                            (ii) long-term evolution broadband; and
                            (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.
                                 <all>
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