[Congressional Record Volume 171, Number 7 (Tuesday, January 14, 2025)]
[Senate]
[Pages S155-S156]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 45. Ms. CORTEZ MASTO submitted an amendment intended to be
proposed by her to the bill S. 5, to require the Secretary of Homeland
Security to take into custody aliens who have been charged in the
United States with theft, and for other purposes; which was ordered to
lie on the table; as follows:
A the end of the bill, add the following:
SEC. 4. INNOVATIVE BORDER TECHNOLOGIES.
(a) Short Title.--This section may be cited as the
``Emerging Innovative Border Technologies Act''.
(b) Innovative and Emerging Border Technology Plan.--
(1) 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.
(2) Contents.--The plan required under paragraph (1) shall
include--
(A) information regarding how CBP utilizes the CBP
Innovation Team authority under paragraph (3) and other
mechanisms to carry out the purposes described in paragraph
(3);
(B) an assessment of the contributions directly
attributable to such utilization;
(C) information regarding--
(i) the composition of each CBP Innovation Team; and
(ii) 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;
(D) 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;
(E) an analysis of authorities available to CBP to procure
technologies referred to in paragraph (1);
(F) an assessment of whether additional or alternative
authorities are needed to carry out the purposes described in
paragraph (1);
(G) an explanation of how CBP plans to scale existing
programs related to emerging
[[Page S156]]
or advanced technologies that are safe and secure into
programs of record;
(H) a description of each planned security-related
technology program, including objectives, goals, and
timelines for each such program;
(I) an assessment of the potential privacy, civil rights,
civil liberties, and safety impacts of these technologies on
individuals, and potential mitigation measures;
(J) an assessment of CBP legacy border technology programs
that could be phased out and replaced with technologies
referred to in paragraph (1), including cost estimates
relating to such phase out and replacement;
(K) information relating to how CBP is coordinating with
the Department of Homeland Security's Science and Technology
Directorate--
(i) 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 paragraph (1);
(ii) 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;
(iii) 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
(iv) 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;
(L) 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;
(M) 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 paragraph (1);
(N) the identification of recent technological advancements
relating to--
(i) manned aircraft sensor, communication, and common
operating picture technology;
(ii) unmanned aerial systems and related technology,
including counter-unmanned aerial system technology;
(iii) 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;
(iv) nonintrusive inspection technology, including non-X-
ray devices utilizing muon tomography and other advanced
detection technology;
(v) tunnel detection technology; and
(vi) communications equipment, including--
(I) radios;
(II) long-term evolution broadband; and
(III) miniature satellites;
(O) 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
(P) any other information the Secretary determines to be
relevant.
(3) CBP innovation team authority.--
(A) 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--
(i) to enhance mission needs along international borders
and at ports of entry; and
(ii) 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.
(B) Functions.--Each CBP Innovation Team shall--
(i) 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
(ii) 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.
(C) Operating procedures, planning, strategic goals.--The
Commissioner for CBP shall require each CBP Innovation Team
maintained pursuant to subparagraph (A) to establish, in
coordination with other appropriate offices of the Department
of Homeland Security--
(i) 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 paragraph (1);
(ii) 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 paragraph (1) are
transitioned to existing or new programs of record in
accordance with clause (i); and
(iii) 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.
(D) 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--
(i) copies of operating procedures and protocols required
under subparagraph (B)(i) and planning and strategic goals
required under subparagraph (B)(ii);
(ii) 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
(iii) information regarding the status of efforts to
rapidly transition technologies determined successful to
existing or new programs of record.
(4) Cost-benefit.--Before initiating the large-scale
deployment of any new technology contained in the plan
required under paragraph (1), 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.
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