[Congressional Record Volume 163, Number 6 (Tuesday, January 10, 2017)]
[House]
[Pages H275-H277]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                SUPPORT FOR RAPID INNOVATION ACT OF 2017

  Mr. RATCLIFFE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 239) to amend the Homeland Security Act of 2002 to provide 
for innovative research and development, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 239

       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 2017''.

     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. 321. 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--
       ``(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 the second section 319 
     the following new item:

``Sec. 321. 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 ``2021'';
       (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 ``2021''; 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

[[Page H276]]

     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) No Additional Funds Authorized.--No additional funds 
     are authorized to carry out the requirements of this Act and 
     the amendments made by this Act. Such requirements shall be 
     carried out using amounts otherwise authorized.

  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 to revise and extend their remarks and to 
include any 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, I am very pleased to bring two important bills to the 
floor today that strengthen the government's ability to effectively 
leverage cutting-edge cyber technologies. Last year, the House passed 
both of these provisions as part of Majority Leader McCarthy's 
Innovation Initiative, and I am excited that we are able to bring them 
to the floor here so early in the 115th Congress.
  Mr. Speaker, over the past 2 years, my colleagues and I have been 
working diligently with technology innovators and tech startups to find 
solutions that will spur innovation and break down the bureaucratic 
barriers that prevent the government from effectively leveraging the 
private sector's emerging technologies.
  H.R. 239, the Support for Rapid Innovation Act of 2017, addresses 
this problem by requiring the 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. 239 does so because it requires S&T to support the full life 
cycle of cyber research and development projects and identify mature 
technologies to address cybersecurity gaps. In doing so, S&T will be 
required to target federally funded cybersecurity research that 
demonstrates a high probability of successful transition to the 
commercial market within 2 years.
  This bill will also extend the use of other transactional authority, 
or OTA, until the year 2021, a move that will improve DHS's ability to 
engage with tech startups that are developing these cutting-edge 
technologies. H.R. 239 also includes additional accountability 
requirements to ensure that there is proper oversight of the authority.
  Mr. Speaker, our digital borders are constantly being barraged by 
cybercriminals, by nation-states, and by terrorists seeking to exploit 
and harm innocent Americans. Almost daily, we read news stories on how 
these hackers are intruding into our networks and doing so with 
increased sophistication. One thing is for certain, we have seen that 
cyber intrusions and their impact on victims quickly morph and increase 
both in frequency and in their severity.
  In 2017, these hackers will unfortunately continue to pose a great 
threat to the U.S. homeland and to our critical infrastructure. The 
Federal Government, therefore, needs to keep pace with these evolving 
threats by more actively working with the private sector to find 
effective solutions.
  DHS's Directorate of Science and Technology is the primary research 
and development arm of the Department. The directorate manages basic 
and applied research and development, including cybersecurity R&D, for 
the Department's operational components and for our first responders.
  Ensuring there are mechanisms in place, like S&T's cybersecurity R&D 
programs and the OTA, to support the dynamic nature of cybersecurity 
research and development is essential for addressing homeland security 
capability gaps.
  Thank you again, Mr. Speaker, for calling up this important bill 
today. I believe it will have an incredibly positive impact on 
encouraging technology innovation across the Nation to address our 
vital homeland security needs.
  Mr. Speaker, I urge all Members to join me in supporting this very 
important bill.
  I reserve the balance of my time.

         House of Representatives, Committee on Science, Space, 
           and Technology,
                                  Washington, DC, January 9, 2017.
     Hon. Michael McCaul,
     Chairman, Committee on Homeland Security, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: I am writing concerning H.R. 239, the 
     ``Support for Rapid Innovation Act of 2017,'' which was 
     introduced on January 4, 2017.
       H.R. 239 contains provisions within the Committee on 
     Science, Space, and Technology's Rule X jurisdiction. 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 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, January 10, 2017.
     Hon. Lamar Smith,
     Chairman, Committee on Science, Space, and Technology, 
         Washington, DC.
       Dear Chairman Smith: Thank you for your letter regarding 
     H.R. 239, the ``Support for Rapid Innovation Act of 2017.'' 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.

  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as 
I may consume. I rise in support of H.R. 239, the Support for Rapid 
Innovation Act.
  Mr. Speaker, this timely legislation authorizes the Department of 
Homeland Security to support cybersecurity research and development and 
to help innovators with promising cybersecurity technologies to help 
commercialize their products.
  Government and private sector networks are under constant attack by 
increasingly sophisticated cyber hackers. The cyber hacking campaign 
carried out by the Russian Government against U.S. political and 
business institutions, during the 2016 election, is a recent, high-
profile example.
  Concern has also been growing about the threat of cybercriminals 
carrying out attacks by exploiting unprotected Internet-enabled 
consumer products. This threat was brought into sharp focus last 
October with the denial of service attack against Dyn. During that 
attack, malware was used to direct tens of thousands of Internet-
connected cameras, DVRs, and other consumer products to carry out 
successive, highly sophisticated attacks.
  Our adversaries are constantly innovating. It is imperative that the 
Federal Government--and specifically DHS--innovate, too. To that end, 
H.R. 239 directs DHS to invest in innovative cybersecurity technologies 
and provide DHS with flexibility to overcome bureaucratic obstacles 
that sometimes

[[Page H277]]

discourage smaller companies, like tech startups, from working with the 
Federal Government.
  H.R. 239 directs DHS to pursue cybersecurity projects that will 
improve detection, mitigation, and recovery from attacks and bolster 
the security and resilience of our networks, particularly for critical 
infrastructure.
  Mr. Speaker, I urge my colleagues to support this bipartisan 
legislation to ensure that DHS does its part to advance cybersecurity 
research and development.
  Cybersecurity threats to our Nation are growing in diversity and 
sophistication. We cannot afford to let promising technologies 
languish.
  The Department of Homeland Security should work with the private 
sector in support of innovative cybersecurity research, development, 
testing, and evaluation. We have seen that public-private collaboration 
can give these technologies the boost they need to enter the market. 
Just last month, DHS announced the commercialization of an eight 
cybersecurity product launched with the help of the Department's 
Transition to Practice program.
  I urge my colleagues to support H.R. 239.
  I yield back the balance of my time.
  Mr. RATCLIFFE. Mr. Speaker, I thank Ranking Member Thompson for his 
leadership on the committee, and I want to thank the Cybersecurity, 
Infrastructure Protection, and Security Technologies Subcommittee staff 
for their hard work.
  Once again, I urge my colleagues to support H.R. 239.
  I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I rise in support of H.R. 239, the 
``Support for Rapid Innovation Act of 2017,'' 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. 239 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 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 2017'' 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. 239.
  The SPEAKER pro tempore. 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. 239, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________