[Congressional Record (Bound Edition), Volume 163 (2017), Part 2]
[Senate]
[Pages 1691-1693]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. FLAKE (for himself and Mr. McCain):
  S. 276. A bill to amend title 28, United States Code, to divide the 
ninth judicial circuit of the United States into 2 circuits, and for 
other purposes; to the Committee on the Judiciary.
  Mr. FLAKE. Mr. President, one of the most important elements of the 
rule of law is the promise of swift access to the courts, but that 
promise has been broken in my home State of Arizona. That is because 
Arizona falls under the jurisdiction of the U.S. Court of Appeals for 
the Ninth Circuit, a circuit that is both oversized and overworked.
  With the jurisdiction encompassing 13 districts spread across nine 
States and 2 U.S. territories, the Ninth Circuit covers 1 in 5 
Americans. It hears roughly 12,000 appeals each year. The next busiest 
circuit doesn't even hear 9,000, and for the thousands of cases under 
its consideration, the average turnaround time exceeds 15 months.
  Now, if excessive delays weren't bad enough, it turns out the Ninth 
Circuit is overturned by the Supreme Court 77 percent of the time when 
the Supreme Court grants cert--77 percent of the time. That is 
obviously higher than any other court. So not only is the court 
excruciatingly slow, but in many instances it is simply wrong.
  The court, itself, is unusually large. It has 29 authorized 
judgeships. That is 12 more than the next largest circuit.
  The Ninth Circuit is so big that it can't even rehear cases as a 
whole body, like every other appeals court does. Instead, cases are 
reheard with limited en banc; these are panels of 11 judges each. That 
means that only one-third of its judges are deciding law for the entire 
court--only one-third.
  Of the States suffering under the weight of the Ninth Circuit's 
crushing backlog, Arizona shoulders a uniquely heavy burden. Per 
capita, Arizona has the busiest Federal docket in the circuit. That 
puts Arizonans at the back of an already long line just to get their 
day in court.
  As if the deluge of cases continues to fill the Ninth Circuit's 
docket, the line keeps getting longer and longer if you happen to live 
in Arizona.
  With problems like these, we are left to ask: Is the Ninth Circuit 
simply too big to succeed? If you are an Arizonan, the answer is 
unquestionably yes.
  Arizonans deserve better, and that is why today I am introducing a 
bill to break up the Ninth Circuit.
  With the support of my colleague from Arizona, John McCain, and the 
support of Gov. Doug Ducey, I have introduced the Judicial 
Administration and Improvement Act. This bill would create a new 
Twelfth Circuit by moving Arizona, as well as Alaska, Idaho, Montana, 
Nevada, and Washington, out of the Ninth Circuit. Doing so would create 
two smaller appellate courts where one dysfunctional court stood, all 
the while establishing stronger local, regional, and cultural ties. 
This would help alleviate the Ninth Circuit's enormous caseload and 
ensure a more timely and accurate judicial process for both circuits.
  Now, importantly, the bill would also free the new circuit from the 
Ninth Circuit's precedent. That means States like Arizona would be able 
to chart their own legal course, consistent with their local needs and 
traditions.
  A fair and functioning judiciary is one of the pillars of our 
democracy. Geography shouldn't limit a citizen's access to the courts.
  The Judicial Administration and Improvement Act will right this wrong 
by restoring faith in our judicial system and securing the access to 
Justice that Americans deserve.
                                 ______
                                 
      By Mr. DAINES (for himself and Mr. Warner):
  S. 278. A bill to amend the Homeland Security Act of 2002 to provide 
for innovative research and development, and for other purposes; to the 
Committee on Homeland Security and Governmental Affairs.
  Mr. DAINES. Mr. President, in recent years we have seen the inability 
of the Federal Government to quickly adapt to changing technology and 
emerging threats. In June of 2015 the Office of Personnel Management, 
OPM, was infiltrated with a major cyber breach, affecting more than 22 
million current and former Federal employees, including myself. In 
January of 2016, another nearly half a million Americans had their 
social security numbers stolen when the Internal Revenue Service was 
hacked.
  I spent 28 years in the private sector, 12 years with a global cloud 
computing company. We faced cyber threats daily, and our customers 
expected security of their data. We delivered, not once was our data 
compromised. Until I came to the Federal Government and received the 
letters from OPM, my data had been secured too.
  I know firsthand that industry has the talent and incentive to keep 
their information systems secure. The Federal Government should 
continue to innovate and utilize industries' expertise and learn from 
their best practices.
  That is why I am introducing the Support for Rapid Innovation Act. 
This legislation will extend the authorization for the Secretary of 
Homeland Security to carry out innovative research and development 
projects that will enhance our Nation's cyber security. It will focus 
efforts on developing more secure information systems, technologies for 
detecting and containing attacks in real-time, and develop cyber 
forensics to identify perpetrators. This will be done by leveraging 
private sectors' innovation and ingenuity.
  I want to thank Senator Warner for being an original cosponsor of 
this bill and Representative Ratcliffe of Texas for leading 
introduction of companion legislation in the House of Representatives. 
I ask my Senate colleagues to join us in support of this important 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 278

       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, information security, analytics, and 
     methodologies related to cybersecurity risks and incidents, 
     consistent with current law.
       ``(b) Activities.--The research and development supported 
     under subsection (a) shall

[[Page 1692]]

     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 and 
     preventing attacks or intrusions, including real-time 
     continuous diagnostics, real-time analytic technologies, and 
     full lifecycle information protection;
       ``(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) assist the development 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;
       ``(7) assist the development and support cyber forensics 
     and attack attribution capabilities;
       ``(8) assist the development and accelerate the deployment 
     of full information lifecycle security technologies to 
     enhance protection, control, and privacy of information to 
     detect and prevent cybersecurity risks and incidents;
       ``(9) assist the development and accelerate the deployment 
     of information security measures, in addition to perimeter-
     based protections;
       ``(10) assist the development and accelerate the deployment 
     of technologies to detect improper information access by 
     authorized users;
       ``(11) assist the development and accelerate the deployment 
     of cryptographic technologies to protect information at rest, 
     in transit, and in use;
       ``(12) assist the development and accelerate the deployment 
     of methods to promote greater software assurance;
       ``(13) assist the development and accelerate the deployment 
     of tools to securely and automatically update software and 
     firmware in use, with limited or no necessary intervention by 
     users and limited impact on concurrently operating systems 
     and processes; and
       ``(14) assist in identifying and addressing unidentified or 
     future cybersecurity threats.
       ``(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, protect 
     sensitive information within and outside 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.
       ``(5) Software assurance.--The term `software assurance' 
     means confidence that software--
       ``(A) is free from vulnerabilities, either intentionally 
     designed into the software or accidentally inserted at any 
     time during the lifecycle of the software; and
       ``(B) functioning in the intended manner.''.
       (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 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 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) to ensure 
     accountability and effective management of projects 
     consistent with the Program Management Improvement 
     Accountability Act (Public Law 114-264) and the amendments 
     made by such Act.''.
       (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.
                                 ______
                                 
      By Mr. DAINES (for himself, Mr. Lankford, Mr. Blunt, and Mr. 
        Hatch):
  S. 288. A bill to require notice and comment for certain 
interpretative rules; to the Committee on Homeland Security and 
Governmental Affairs.
  Mr. DAINES. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 288

       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 ``Regulatory Predictability 
     for Business Growth Act of 2017''.

     SEC. 2. REQUIRING NOTICE AND COMMENT FOR CERTAIN 
                   INTERPRETATIVE RULES.

       Subchapter II of chapter 5 of title 5, United States Code, 
     is amended--
       (1) in section 551--
       (A) in paragraph (13), by striking ``and'' at the end;
       (B) in paragraph (14), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(15) `longstanding interpretative rule' means an 
     interpretative rule that has been in effect for not less than 
     1 year; and
       ``(16) `revise' means, with respect to an interpretative 
     rule, altering or otherwise changing any provision of a 
     longstanding interpretative rule that conflicts, or is in any 
     way inconsistent with, any provision in a subsequently 
     promulgated interpretative rule.''; and
       (2) in section 553--
       (A) in subsection (b)(A), by striking ``interpretative 
     rules'' and inserting ``an interpretative rule of an agency, 
     unless the interpretative rule revises a longstanding 
     interpretative rule of the agency''; and

[[Page 1693]]

       (B) in subsection (d)(2), by striking ``interpretative 
     rules'' and inserting ``an interpretative rule of an agency, 
     unless the interpretative rule revises a longstanding 
     interpretative rule of the agency,''.
                                 ______
                                 
      By Mr. REED (for himself, Mrs. Capito, Mr. Van Hollen, and Mr. 
        Isakson):
  S. 292. A bill to maximize discovery, and accelerate development and 
availability, of promising childhood cancer treatments, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.
  Mr. REED. Mr. President, I am pleased to be joined by Senators 
Capito, Van Hollen, and Isakson in the introduction of the Childhood 
Cancer Survivorship, Treatment, Access, and Research, STAR, Act of 
2017. This legislation is an extension of ongoing bipartisan efforts in 
the Senate over the past decade to get us closer to the goal of 
hopefully one day curing cancers in children, adolescents, and young 
adults. Representatives McCaul, Speier, Kelly, and Butterfield are 
introducing the companion legislation in the other body.
  I first started working on this issue after meeting the Haight family 
from Warwick, Rhode Island in June of 2004. Nancy and Vincent lost 
their son, Ben, when he was just nine years old to neuroblastoma, a 
very aggressive tumor in the brain.
  With the strong support of families like the Haights for increased 
research into the causes of childhood cancers and improved treatment 
options, I introduced bipartisan legislation that eventually was signed 
into law in 2008 as the Caroline Pryce Walker Conquer Childhood Cancer 
Act.
  This was an important step. Yet, more work remains. The STAR Act 
seeks to advance pediatric cancer research and child-focused cancer 
treatments, while also improving childhood cancer surveillance and 
providing resources for survivors and those impacted by childhood 
cancer.
  If a treatment is working, doctors elsewhere should know immediately. 
The same should happen if a treatment isn't working, or if other major 
medical events occur during the course of a particular treatment. It is 
critical that doctors, nurses, and other providers are able to 
effectively communicate information about the disease, the treatment 
process, and what other health and development impacts children can 
expect to experience with a particular course of treatment.
  As such, the STAR Act would reauthorize the Caroline Pryce Walker 
Conquer Childhood Cancer Act, creating a comprehensive children's 
cancer biorepository for researchers to use in searching for 
biospecimens to study and would improve surveillance of childhood 
cancer cases.
  This legislation also includes provisions dealing with issues that 
arise for survivors of childhood cancer. Unfortunately, even after 
beating cancer, as many as two-thirds of childhood cancer survivors are 
likely to experience at least one late effect of treatment; as many as 
one-fourth experience a late effect that is serious or life-
threatening, including second cancers and organ damage.
  We must do more to ensure that children survive cancer and any late 
effects so they can live a long, healthy, and productive life. This 
legislation would enhance research on the late effects of childhood 
cancers, improve collaboration among providers so that doctors are 
better able to care for this population as they age, and establish a 
new pilot program to begin to explore improved models of care for 
childhood cancer survivors.
  Lastly, this bill would ensure more pediatric expertise at the 
National Institutes of Health to better leverage the research 
investment to improve pediatric cancer research by requiring the 
inclusion of at least one pediatric oncologist on the National Cancer 
Advisory Board and improving childhood health reporting requirements to 
include pediatric cancer.
  Last year, Senator Capito and I were able to get a provision of this 
bill included in the 21st Century CURES Act, which was signed into law 
at the end of the year. That provision will provide some clarity for 
patients and their physicians attempting to access new drugs and 
therapies from pharmaceutical companies. When a patient has run out of 
other options, the last thing they and their families need is to spend 
months being given the run-around trying to access a potential 
treatment.
  I am hopeful that we can build on this momentum. Indeed, it was 
heartening to see the House of Representatives pass the Childhood 
Cancer STAR Act as one of its last acts of the 114th Congress by a 
unanimous vote. While, the Senate was unable to follow suit as time ran 
out at the end of the year, HELP Committee Chairman Alexander and 
Ranking Member Murray have committed to working with Senator Capito and 
me to move the legislation this year.
  The Childhood Cancer STAR Act has the support of the American Cancer 
Society Cancer Action Network, St. Baldrick's Foundation, and 
Children's Oncology Group, among others. I look forward to our 
continued work with these stakeholders to build support for the bill 
and with the HELP Committee to see this bill advance through the 
legislative process.

                          ____________________