[House Report 118-544]
[From the U.S. Government Publishing Office]


118th Congress }                                               {   Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                               { 118-544

======================================================================



 
              EMERGING INNOVATIVE BORDER TECHNOLOGIES ACT

                                _______
                                

  June 7, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Green of Tennessee, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 7832]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 7832) 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, having considered 
the same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
Federal Mandates Statement.......................................     3
Duplicative Federal Programs.....................................     3
Statement of General Performance Goals and Objectives............     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     4
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     4
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5

                          PURPOSE AND SUMMARY

    This legislation requires the Department 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 no later than 180 days after the enactment 
of this bill.

                  BACKGROUND AND NEED FOR LEGISLATION

    U.S. Customs and Border Protection's (CBP) mission is to 
protect the American people, safeguard U.S. borders, and 
enhance the United States' economic prosperity. As smugglers 
and transnational criminal organizations become more 
sophisticated, the United States must attain and deploy the 
latest and most advanced technologies available to disrupt 
these threats while continuing to facilitate legitimate trade 
and travel.
    CBP requires sophisticated border security detection 
capabilities and innovative technologies to support the 
workforce and prevent transnational criminal organizations from 
carrying out illicit activities, such as human smuggling and 
drug trafficking. In support of these requirements, CBP's 
Innovation Team identifies and pilots cutting-edge and 
disruptive commercial technologies and adapts them for 
government use, including for border security and management 
operations. The CBP Innovation Team focuses on transitioning 
technologies for information technology infrastructure, human 
performance and resiliency, autonomous systems, communications 
networks as well as sensors and analytics.
    Technological solutions can help keep border security 
personnel safe as well as enable a more effective response to 
life-threatening situations and cases of illicit smuggling and 
trafficking. For example, the implementation of remote sensing 
technologies like infrared cameras and ground-based sensors can 
help law enforcement detect and respond to migrants crossing in 
remote and deadly conditions, as well as cases of human 
trafficking and smuggling. In addition, artificial 
intelligence-supported image recognition systems can help 
detect and classify illicit substances at ports of entry, 
allowing CBP Officers to more accurately seize contraband.
    H.R. 7832 would enable Congress to better equip frontline 
personnel with the tools and resources necessary to secure and 
protect the United States borders by requiring the Secretary of 
Homeland Security to submit a plan that identifies, integrates, 
and deploys innovative technologies for border security. This 
plan will include metrics and key performance parameters for 
technologies as well as an assessment of the privacy impact of 
deployed technologies on border communities.
    H.R. 7832 would also authorize one or more CBP Innovation 
Teams and require the establishment of operating procedures and 
responsibilities for these teams. By leveraging the CPB 
Innovation Team's authority to pilot emerging technologies, the 
Department of Homeland Security and CBP can better address 
capability gaps and urgent mission needs at and between ports 
of entry and assess their outcomes. The requirement to 
establish operating procedures, responsibilities, and strategic 
goals will enhance the effectiveness of CBP Innovation Teams.

                                HEARINGS

    The Committee held the following hearings in the 118th 
Congress that informed H.R. 7832.
    On July 12, 2023, the Subcommittee on Border Security and 
Enforcement held a hearing entitled, ``Protecting the U.S. 
Homeland: Fighting the Flow of Fentanyl from the Southwest 
Border.'' The Subcommittee received testimony from Mr. Kemp 
Chester, Senior Advisor to the Director of National Drug 
Control Policy, Office of National Drug Control Policy; Mr. 
James Mandryck, Deputy Assistant Commissioner, Office of 
Intelligence, CBP; Mr. Steven Cagen, Assistant Director, 
Homeland Security Investigations; Mr. George Papadopoulos, 
Acting Chief of Operations, Drug Enforcement Administration; 
and Mr. Tyrone Durham, Director, Nation State Threats Center, 
Office of Intelligence and Analysis.
    On July 18, 2023, the Subcommittee on Border Security and 
Enforcement, in conjunction with the Subcommittee on Oversight, 
Investigations, and Accountability, held a hearing entitled, 
``Opening the Flood Gates: Biden's Broken Border Barrier.'' The 
Subcommittees received testimony from Ms. Ntina Cooper, Acting 
Deputy Executive Assistant Commissioner, Enterprise Services, 
CBP; Colonel Jason Jefferis, Head of Contracting Activities, 
U.S. Army Corps of Engineers; Ms. Rebecca Gambler, Director, 
Homeland Security and Justice, United States Government 
Accountability Office; Mr. Ron Vitiello, former Chief of the 
U.S. Border Patrol; Mr. Jim De Sotle, Interim Chief Executive 
Officer, LoneStar Pipeline Contractors; Mr. Russell Johnson, a 
New Mexico rancher; and Alexander Tenorio, MD, Resident 
Physician, Neurological Surgery, University of California San 
Diego Health.

                        COMMITTEE CONSIDERATION

    The Committee met on Wednesday, April 10, 2024, a quorum 
being present, to consider H.R. 7832 and ordered the measure to 
be favorably reported to the House by voice vote.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII requires the Committee to list the 
recorded votes on the motion to report legislation and 
amendments thereto.
    No recorded votes were requested during consideration of 
H.R. 7832.

                      COMMITTEE OVERSIGHT FINDINGS

    In compliance with clause 3(c)(1) of rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of rule X, are incorporated in the descriptive portions of this 
report.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act of 1995.

                      DUPLICATIVE FEDERAL PROGRAMS

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 7832 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the objective of 
H.R. 7832 is 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.

   CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF 
                                BENEFITS

    In compliance with rule XXI, this bill, as reported, 
contains no congressional earmarks, limited tax benefits, or 
limited tariff benefits as defined in clause 9(d), 9(e), or 
9(f) of rule XXI.

CONGRESSIONAL BUDGET OFFICE ESTIMATE, NEW BUDGET AUTHORITY, ENTITLEMENT 
                    AUTHORITY, AND TAX EXPENDITURES

    With respect to the requirements of clause 3(c) of rule 
XIII and section 308(a) of the Congressional Budget Act of 
1974, and with respect to the requirements of clause 3(c)(3) of 
rule XIII and section 402 of the Congressional Budget Act of 
1974, the Committee adopts as its own the estimate of any new 
budget authority, spending authority, credit authority, or an 
increase or decrease in revenues or tax expenditures contained 
in the cost estimate prepared by the Director of the 
Congressional Budget Office.




    H.R. 7832 would authorize U.S. Customs and Border 
Protection (CBP) to create one or more innovation teams to 
research and deliver emerging technologies to enhance border 
security operations. H.R. 7832 would require CBP to develop 
operating procedures and performance metrics for each team. 
Lastly, the bill would require CBP to report to the Congress 
within 180 days of enactment and annually thereafter on its 
plan for integrating and deploying emerging technology to 
enhance border security.
    Based on the costs of similar activities, CBO estimates 
that CBP would incur less than $500,000 in administrative and 
personnel costs over the 2024-2029 period to develop the plan 
and report to the Congress annually. According to CBP, the 
agency already carries out the other activities required by the 
bill. On that basis, CBO expects that, in total, it would cost 
CBP less than $500,000 to implement H.R. 7832. Any spending 
would be subject to the availability of appropriated funds.
    The CBO staff contact for this estimate is Jeremy Crimm. 
The estimate was reviewed by Christina Hawley Anthony, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act (5 U.S.C. Sec. 1004) were 
created by this legislation.

                APPLICABILITY TO THE LEGISLATIVE BRANCH

    The Committee finds that H.R. 7832 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    This section states that this Act may be cited as the 
``Emerging Innovative Border Technologies Act.''

Section 2. Innovative and emerging border technology plan

    This section requires that not later than 180 days after 
enactment that the Secretary of Homeland Security submit to 
Congress 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.
    The plan is required to include information regarding how 
CBP utilizes Innovation Teams to identify, integrate, and 
deploy new, innovative, and disruptive technologies. The plan 
will also include an assessment of contributions attributable 
to the Innovation Teams, along with the composition of each CBP 
Innovation Team and how these teams coordinate and integrate 
efforts with the CBP acquisition program office and other 
partners within CBP and DHS.
    The plan will also identify technologies used by other 
Federal departments or agencies not currently in use by CBP 
that could assist in addressing capability gaps in border 
security. As part of this plan, DHS will also conduct an 
analysis CBP's available authorities to procure technologies 
and an assessment of whether additional or alternative 
authorities are needed.
    The plan will include information on how CBP plans to scale 
existing programs related to emerging or advanced technologies 
and a description of each planned security-related technology 
program, along with the privacy and security impacts of these 
technology programs on border communities. The plan will also 
identify CBP legacy border technology programs that could be 
phased out and replaced and the associated cost estimates of 
doing so.
    The plan must also include information relating to how CBP 
is coordinating with DHS's Science and Technology Directorate 
to: research and develop new, innovative, disruptive or 
emerging technologies; identify security-related technologies 
that are in development or deployed by the private and public 
sector to satisfy the mission needs of CBP; incentivize the 
private sector to develop technologies to help CBP meet mission 
needs; and identify and assess ways to increase communication 
and collaboration with the private sector.
    Finally, the plan must also include information on metrics 
and key performance parameters for evaluating the effectiveness 
of CBP's efforts to identify, integrate, and deploy new 
innovative, disruptive and emerging technologies.
    The legislation also gives the Commissioner of CBP the 
ability to authorize one or more CBP Innovation Teams to 
research and adapt commercial technologies that are new, 
innovative, disruptive, or otherwise emerging or advanced to 
enhance border security operations and assess potential 
outcomes of the utilizing emerging or advanced technologies. 
Each CBP Innovation Team is required to have operating 
procedures that specify roles and responsibilities within such 
team as well as protocols for entering into agreements to 
rapidly transition technologies into new or existing programs 
of record. Each team must also have planning and strategic 
goals.
    Under this legislation, the Commissioner of CBP shall 
submit no later than 180 days after enactment, and annually 
thereafter, to the House Committee on Homeland Security and the 
Senate Committee on Homeland Security and Governmental Affairs 
information relating to the activities of the CBP Innovation 
Teams including: copies of operations procedures, protocols, 
and strategic goals; descriptions of the technologies piloted 
by each team including which technologies are determined 
successful; and information on the status of efforts to rapidly 
transition technologies determined successful to existing or 
new programs of record.