II 118th CONGRESS 2d Session S. 5407 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.

1. Short title This Act may be cited as the Emerging Innovative Border Technologies Act . 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.