[Congressional Record (Bound Edition), Volume 162 (2016), Part 7]
[House]
[Pages 9549-9552]
[From the U.S. 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.

[[Page 9550]]

  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--
       ``(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.

[[Page 9551]]

  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 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

[[Page 9552]]

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 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.

                          ____________________