[Congressional Record Volume 162, Number 99 (Tuesday, June 21, 2016)]
[House]
[Pages H3985-H3988]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUPPORT FOR RAPID INNOVATION ACT OF 2016
Mr. RATCLIFFE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5388) to amend the Homeland Security Act of 2002 to provide
for innovative research and development, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5388
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 ``Support for Rapid Innovation
Act of 2016''.
SEC. 2. CYBERSECURITY RESEARCH AND DEVELOPMENT PROJECTS.
(a) Cybersecurity Research and Development.--
(1) In general.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.) is amended by adding at the end
the following new section:
``SEC. 319. CYBERSECURITY RESEARCH AND DEVELOPMENT.
``(a) In General.--The Under Secretary for Science and
Technology shall support the research, development, testing,
evaluation, and transition of cybersecurity technologies,
including fundamental research to improve the sharing of
information, analytics, and methodologies related to
cybersecurity risks and incidents, consistent with current
law.
``(b) Activities.--The research and development supported
under subsection (a) shall serve the components of the
Department and shall--
[[Page H3986]]
``(1) advance the development and accelerate the deployment
of more secure information systems;
``(2) improve and create technologies for detecting attacks
or intrusions, including real-time continuous diagnostics and
real-time analytic technologies;
``(3) improve and create mitigation and recovery
methodologies, including techniques and policies for real-
time containment of attacks, and development of resilient
networks and information systems;
``(4) support, in coordination with non-Federal entities,
the review of source code that underpins critical
infrastructure information systems;
``(5) develop and support infrastructure and tools to
support cybersecurity research and development efforts,
including modeling, testbeds, and data sets for assessment of
new cybersecurity technologies;
``(6) assist the development and support of technologies to
reduce vulnerabilities in industrial control systems; and
``(7) develop and support cyber forensics and attack
attribution capabilities.
``(c) Coordination.--In carrying out this section, the
Under Secretary for Science and Technology shall coordinate
activities with--
``(1) the Under Secretary appointed pursuant to section
103(a)(1)(H);
``(2) the heads of other relevant Federal departments and
agencies, as appropriate; and
``(3) industry and academia.
``(d) Transition to Practice.--The Under Secretary for
Science and Technology shall support projects carried out
under this title through the full life cycle of such
projects, including research, development, testing,
evaluation, pilots, and transitions. The Under Secretary
shall identify mature technologies that address existing or
imminent cybersecurity gaps in public or private information
systems and networks of information systems, identify and
support necessary improvements identified during pilot
programs and testing and evaluation activities, and introduce
new cybersecurity technologies throughout the homeland
security enterprise through partnerships and
commercialization. The Under Secretary shall target federally
funded cybersecurity research that demonstrates a high
probability of successful transition to the commercial market
within two years and that is expected to have a notable
impact on the public or private information systems and
networks of information systems.
``(e) Definitions.--In this section:
``(1) Cybersecurity risk.--The term `cybersecurity risk'
has the meaning given such term in section 227.
``(2) Homeland security enterprise.--The term `homeland
security enterprise' means relevant governmental and
nongovernmental entities involved in homeland security,
including Federal, State, local, and tribal government
officials, private sector representatives, academics, and
other policy experts.
``(3) Incident.--The term `incident' has the meaning given
such term in section 227.
``(4) Information system.--The term `information system'
has the meaning given such term in section 3502(8) of title
44, United States Code.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 318 the
following new item:
``Sec. 319. Cybersecurity research and development.''.
(b) Research and Development Projects.--Section 831 of the
Homeland Security Act of 2002 (6 U.S.C. 391) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``2016'' and inserting ``2020'';
(B) in paragraph (1), by striking the last sentence; and
(C) by adding at the end the following new paragraph:
``(3) Prior approval.--In any case in which the head of a
component or office of the Department seeks to utilize the
authority under this section, such head shall first receive
prior approval from the Secretary by providing to the
Secretary a proposal that includes the rationale for the
utilization of such authority, the funds to be spent on the
use of such authority, and the expected outcome for each
project that is the subject of the use of such authority. In
such a case, the authority for evaluating the proposal may
not be delegated by the Secretary to anyone other than the
Under Secretary for Management.'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``2016'' and inserting ``2020''; and
(B) by amending paragraph (2) to read as follows:
``(2) Report.--The Secretary shall annually submit to the
Committee on Homeland Security and the Committee on Science,
Space, and Technology of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report detailing the projects for which the
authority granted by subsection (a) was utilized, the
rationale for such utilizations, the funds spent utilizing
such authority, the extent of cost-sharing for such projects
among Federal and non-Federal sources, the extent to which
utilization of such authority has addressed a homeland
security capability gap or threat to the homeland identified
by the Department, the total amount of payments, if any, that
were received by the Federal Government as a result of the
utilization of such authority during the period covered by
each such report, the outcome of each project for which such
authority was utilized, and the results of any audits of such
projects.''; and
(3) by adding at the end the following new subsection:
``(e) Training.--The Secretary shall develop a training
program for acquisitions staff on the utilization of the
authority provided under subsection (a).''.
(c) Prohibition on Additional Funding.--No additional funds
are authorized to be appropriated to carry out this Act and
the amendments made by this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Ratcliffe) and the gentleman from Mississippi (Mr. Thompson)
each will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. RATCLIFFE. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. RATCLIFFE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, as part of Majority Leader Kevin McCarthy's Innovation
Initiative, I am very pleased to bring two important bills to the floor
today that further the leader's efforts for ensuring that government
can more effectively leverage cutting-edge cyber technologies.
As chairman of the Cybersecurity, Infrastructure Protection, and
Security Technologies Subcommittee, my colleagues and I have been
working diligently with technology innovators, including tech startups,
to find solutions that will help spur innovation and break down
bureaucratic barriers that are currently preventing government from
leveraging the private sector's emerging technologies.
Mr. Speaker, I am grateful that the House is first considering H.R.
5388, the Support for Rapid Innovation Act of 2016, on the floor today.
H.R. 5388 requires the Department of Homeland Security's Science and
Technology Directorate, or S&T, to more effectively coordinate with
industry and academia to support the research and development of
cybersecurity technologies.
H.R. 5388 requires S&T to support the full lifecycle of cyber
research and development projects and to identify mature technologies
to address cybersecurity gaps. In doing so, S&T must target federally
funded cybersecurity research that demonstrates a high probability of
successful transition to the commercial market within 2 years.
This bill also extends the use of other transaction authority, or
OTA, until the year 2020, which will improve DHS' ability to engage
tech startups that are developing these cutting-edge technologies.
Finally, Mr. Speaker, H.R. 5388 also includes important
accountability requirements to ensure that there will be proper
oversight of the authority.
In December of last year, the House passed H.R. 3578, the Science and
Technology Reform and Improvement Act. That bill included provisions
similar to those in the bill that we are considering today.
Mr. Speaker, over the last several years, we have seen evolving
cybersecurity threats from nation-states, including China, Russia,
North Korea, and Iran, as well as cyber threats from criminal
organizations and terrorist groups like ISIS. Cyber criminals continue
to develop even more cutting-edge cyber capabilities.
In 2016, these hackers pose an even greater threat to the U.S.
homeland and our critical infrastructure. The Federal Government
desperately needs to keep pace with these evolving threats and more
actively work with the private sector to find solutions.
Mr. Speaker, the Department of Homeland Security's Directorate of
Science and Technology is the primary research and development arm of
the Department and, because the Directorate manages basic and applied
research and development, including cybersecurity R&D for the
Department's operational components and first responders, ensuring that
there are
[[Page H3987]]
mechanisms in place like S&T's cybersecurity research and development
programs and OTA to support the dynamic nature of the cybersecurity
research and development is both vital and essential for addressing
Homeland Security capability gaps.
Thank you again, Mr. Speaker, for calling up this important bill
today because I am convinced that it will have an incredibly positive
impact on encouraging technology innovation across the Nation to
address our evolving homeland security needs.
Mr. Speaker, I urge all Members to join me in supporting this bill,
and I reserve the balance of my time.
House of Representatives, Committee on Science, Space,
and Technology,
Washington, DC, June 20, 2016.
Hon. Michael T. McCaul,
Chairman, Committee on Homeland Security, House of
Representatives, Washington, DC.
Dear Mr. Chairman: I am writing concerning H.R. 5388, the
``Support for Rapid Innovation Act of 2016,'' which your
Committee reported on June 8, 2016.
H.R. 5388 contains provisions within the Committee on
Science, Space, and Technology's rule X jurisdiction. As a
result of your having consulted with the Committee and in
order to expedite this bill for floor consideration, the
Committee on Science, Space, and Technology will forego
action on the bill. This is being done on the basis of our
mutual understanding that doing so will in no way diminish or
alter the jurisdiction of the Committee on Science, Space,
and Technology with respect to the appointment of conferees,
or to any future jurisdictional claim over the subject
matters contained in the bill or similar legislation.
I would appreciate your response to this letter confirming
this understanding, and would request that you include a copy
of this letter and your response in the Committee Report and
in the Congressional Record during the floor consideration of
this bill. Thank you in advance for your cooperation.
Sincerely,
Lamar Smith,
Chairman.
____
House of Representatives,
Committee on Homeland Security,
Washington, DC, June 20, 2016.
Hon. Lamar Smith,
Chairman, Committee on Science, Space, and Technology,
Washington, DC.
Dear Chairman Smith: Thank you for your letter regarding
H.R. 5388, the ``Support for Rapid Innovation Act of 2016.''
I appreciate your support in bringing this legislation before
the House of Representatives, and accordingly, understand
that the Committee on Science, Space, and Technology will not
seek a sequential referral on the bill.
The Committee on Homeland Security concurs with the mutual
understanding that by foregoing a sequential referral of this
bill at this time, the Committee on Science, Space, and
Technology does not waive any jurisdiction over the subject
matter contained in this bill or similar legislation in the
future. In addition, should a conference on this bill be
necessary, I would support a request by the Committee on
Science, Space, and Technology for conferees on those
provisions within your jurisdiction.
I will insert copies of this exchange in the Congressional
Record during consideration of this bill on the House floor.
I thank you for your cooperation in this matter.
Sincerely,
Michael T. McCaul,
Chairman.
{time} 1500
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as
I may consume.
I rise in support of H.R. 5388, the Support for Rapid Innovation Act
of 2016.
Mr. Speaker, H.R. 5388, the Support for Rapid Innovation Act of 2016,
directs the Department of Homeland Security to support advancements in
cybersecurity research. Hackers, cyberterrorists, and other
cybercriminals are constantly innovating. As such, it is a security
imperative that the Federal Government--or, more specifically, DHS--
innovate, too. To that end, H.R. 5388 directs DHS to support promising
projects to, among other things, improve the detection of cyber attacks
or intrusions and mitigation and recovery from such attacks.
This bill is based on two provisions contained in H.R. 3578, the DHS
Science and Technology Reform and Improvement Act, which passed the
House last December. Specifically, H.R. 5388 directs DHS' Under
Secretary for Science and Technology to bolster research and
development of cybersecurity technology to improve the sharing of
information, analysis, and methodologies to address cybersecurity risk
and incidents. Additionally, H.R. 5388 extends for 4 years the
Department's authority to utilize other transaction authority instead
of the Federal Acquisition Regulation to fund basic, applied, and
advanced R&D projects.
Mr. Speaker, I urge my colleagues to support this bipartisan
legislation.
I reserve the balance of my time.
Mr. RATCLIFFE. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from California (Mr. McCarthy), the majority leader.
Mr. McCARTHY. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, the gentleman from Texas (Mr. Ratcliffe) has put two
bills before this House, two bills that are part of our broader
Innovation Initiative that take the power of human discovery and apply
it to national security.
We know that what protected us in the past isn't sufficient for today
or the future. Oceans were our greatest defense for much of our
history, but distance became less important in the age of jets and
rockets. Radar was a revolutionary discovery that helped us see threats
before they arrived, but radar can't help us find a potential terrorist
being radicalized in our very own neighborhoods.
We can't rely today on what worked in the past. We need new weapons,
new tools, and new defenses. We need more, and the government can't do
it alone. The dangers are too pressing for Washington to find the best
ways to protect the American people all by itself.
Across this country, there are innovators who are finding the
answers, and we need to listen to them. The House knows this, and one
of our bills directs the Secretary of Homeland Security to engage with
private citizens who can join in the task of making our great country
safe.
The second bill of the Innovation Initiative today focuses explicitly
on cybersecurity: to update and improve detection of intrusions,
improve recovery, and reduce vulnerabilities in the industrial systems
we rely on.
We have seen, repeatedly, from the Office of Personnel Management to
the IRS to businesses in the private sector that our cyber defenses are
simply not up to the task. But we can do better. We always can and we
always will.
Mr. Speaker, I am proud of the ideas being put forward for the
Innovation Initiative so far. America has unprecedented potential, and
through the focus of this initiative, we will discover new and better
ways to keep America safe.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, our Nation faces growing, diverse, and increasingly
sophisticated cybersecurity threats. These threats necessitate a
Federal response that includes supporting innovative cybersecurity
research and development, testing, and evaluation. This response is
dependent on strong public and private collaboration. Such
collaboration is essential to ensuring that promising technologies are
introduced into the marketplace in a timely manner.
With that, Mr. Speaker, I urge my colleagues to support H.R. 5388.
I yield back the balance of my time.
Mr. RATCLIFFE. Mr. Speaker, I once again urge all of my colleagues to
support H.R. 5388, and I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise in support of H.R. 5388, the
``Support for Rapid Innovation Act of 2016,'' which amends the Homeland
Security Act of 2002 to provide for improved innovative research and
development.
I support this bill because it would extend the Department of
Homeland Security secretary's pilot program for research and
development projects and prototype projects through 2020.
This bill would require the secretary to report annually to the House
Homeland Security and Science committees and the Senate Homeland
Security Committee on the dynamics of the projects undertaken.
Specifically, H.R. 5388 would amend the Homeland Security Act of 2002
to include fundamental improvements to facilitate information,
analytics, and methodologies related to cybersecurity risks and
incidents, consistent with the current law.
In particular, it adds a new section to the Homeland Security Act,
directing the Department of Homeland Security to support--whether
within itself, other agencies, or in academia and private industry--the
research and development of cybersecurity-related technologies.
As a senior member of the Homeland Security Committee and Ranking
Member of the Judiciary Committee and Subcommittee on Crime Terrorism,
Homeland Security, and Investigations, I support this bill as it
directs the Under Secretary for Science and Technology to bolster
research and development, along
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with the testing and evaluation of cybersecurity technology to improve
the sharing of information, analysis, and methodologies related to
cybersecurity risks and incidents.
The Rapid Innovation Act is a smart bill that will enable the
Department of Homeland Security to establish and improve technologies
for detecting attacks or intrusions.
The ``Support for Rapid Innovation Act of 2016'' will equip the
Department of Homeland Security with vital tools and resources to
prevent and remove attacks and threats implemented by those who target
our nation.
Mr. Speaker, we face growing cybersecurity threats, which demands
that we increase research and development, along with the testing and
evaluation of cybersecurity technology to expand the sharing of
information, analysis, and methodologies related to cybersecurity risks
and incidents.
This is a comprehensive bill that will help protect all Americans in
every corner of this nation.
I urge all Members to join me in voting to pass H.R. 5388.
The SPEAKER pro tempore (Mr. Palmer). The question is on the motion
offered by the gentleman from Texas (Mr. Ratcliffe) that the House
suspend the rules and pass the bill, H.R. 5388.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. RATCLIFFE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________