[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.