Support for Rapid Innovation Act of 2016
Floor Speech
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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--
``(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.
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 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.
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.
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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.
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Mr. RATCLIFFE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
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