I 

114TH CONGRESS 

2D SESSION H. R. 5388 

To amend the Homeland Security Act of 2002 to provide for innovative 

research and development, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 7, 2016 

Mr. RATCLIFFE (for himself and Mr. MCCAUL) introduced the following bill; 

which was referred to the Committee on Homeland Security 

A BILL 

To amend the Homeland Security Act of 2002 to provide 

for innovative research and development, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Support for Rapid In5 novation Act of 2016’’. 

6 SEC. 2. CYBERSECURITY RESEARCH AND DEVELOPMENT 

7 PROJECTS. 

8 (a) CYBERSECURITY RESEARCH AND DEVELOP9 MENT.— 


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1 (1) IN GENERAL.—Title III of the Homeland 

2 Security Act of 2002 (6 U.S.C. 181 et seq.) is 

3 amended by adding at the end the following new sec4 tion: 

5 ‘‘SEC. 319. CYBERSECURITY RESEARCH AND DEVELOP6 MENT. 

7 ‘‘(a) IN GENERAL.—The Under Secretary for Science 

8 and Technology shall support the research, development, 

9 testing, evaluation, and transition of cybersecurity tech10 nologies, including fundamental research to improve the 

11 sharing of information, analytics, and methodologies re12 lated to cybersecurity risks and incidents, consistent with 

13 current law. 

14 ‘‘(b) ACTIVITIES.—The research and development 

15 supported under subsection (a) shall serve the components 

16 of the Department and shall— 

17 ‘‘(1) advance the development and accelerate 

18 the deployment of more secure information systems; 

19 ‘‘(2) improve and create technologies for detect20 ing attacks or intrusions, including real-time contin21 uous diagnostics and real-time analytic technologies; 

22 ‘‘(3) improve and create mitigation and recov23 ery methodologies, including techniques and policies 

24 for real-time containment of attacks, and develop25 ment of resilient networks and information systems; 


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1 ‘‘(4) support, in coordination with non-Federal 

2 entities, the review of source code that underpins 

3 critical infrastructure information systems; 

4 ‘‘(5) develop and support infrastructure and 

5 tools to support cybersecurity research and develop6 ment efforts, including modeling, testbeds, and data 

7 sets for assessment of new cybersecurity tech8 nologies; 

9 ‘‘(6) assist the development and support of 

10 technologies to reduce vulnerabilities in industrial 

11 control systems; and 

12 ‘‘(7) develop and support cyber forensics and 

13 attack attribution capabilities. 

14 ‘‘(c) COORDINATION.—In carrying out this section, 

15 the Under Secretary for Science and Technology shall co16 ordinate activities with— 

17 ‘‘(1) the Under Secretary appointed pursuant to 

18 section 103(a)(1)(H); 

19 ‘‘(2) the heads of other relevant Federal depart20 ments and agencies, as appropriate; and 

21 ‘‘(3) industry and academia. 

22 ‘‘(d) TRANSITION TO PRACTICE.—The Under Sec23 retary for Science and Technology shall support projects 

24 carried out under this title through the full life cycle of 

25 such projects, including research, development, testing, 


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1 evaluation, pilots, and transitions. The Under Secretary 

2 shall identify mature technologies that address existing or 

3 imminent cybersecurity gaps in public or private informa4 tion systems and networks of information systems, iden5 tify and support necessary improvements identified during 

6 pilot programs and testing and evaluation activities, and 

7 introduce new cybersecurity technologies throughout the 

8 homeland security enterprise through partnerships and 

9 commercialization. The Under Secretary shall target fed10 erally funded cybersecurity research that demonstrates a 

11 high probability of successful transition to the commercial 

12 market within two years and that is expected to have a 

13 notable impact on the public or private information sys14 tems and networks of information systems. 

15 ‘‘(e) DEFINITIONS.—In this section: 

16 ‘‘(1) CYBERSECURITY RISK.—The term ‘cyber17 security risk’ has the meaning given such term in 

18 section 227. 

19 ‘‘(2) HOMELAND SECURITY ENTERPRISE.—The 

20 term ‘homeland security enterprise’ means relevant 

21 governmental and nongovernmental entities involved 

22 in homeland security, including Federal, State, local, 

23 and tribal government officials, private sector rep24 resentatives, academics, and other policy experts. 


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1 ‘‘(3) INCIDENT.—The term ‘incident’ has the 

2 meaning given such term in section 227. 

3 ‘‘(4) INFORMATION SYSTEM.—The term ‘infor4 mation system’ has the meaning given such term in 

5 section 3502(8) of title 44, United States Code.’’. 

6 (2) CLERICAL AMENDMENT.—The table of con7 tents in section 1(b) of the Homeland Security Act 

8 of 2002 is amended by inserting after the item relat9 ing to section 318 the following new item: 

‘‘Sec. 319. Cybersecurity research and development.’’. 

10 (b) RESEARCH AND DEVELOPMENT PROJECTS.— 

11 Section 831 of the Homeland Security Act of 2002 (6 

12 U.S.C. 391) is amended— 

13 (1) in subsection (a)— 

14 (A) in the matter preceding paragraph (1), 

15 by striking ‘‘2016’’ and inserting ‘‘2020’’; 

16 (B) in paragraph (1), by striking the last 

17 sentence; and 

18 (C) by adding at the end the following new 

19 paragraph: 

20 ‘‘(3) PRIOR APPROVAL.—In any case in which 

21 the head of a component or office of the Department 

22 seeks to utilize the authority under this section, such 

23 head shall first receive prior approval from the Sec24 retary by providing to the Secretary a proposal that 

25 includes the rationale for the utilization of such auVerDate Sep 11 2014 02:57 Jun 08, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5388.IH H5388

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1 thority, the funds to be spent on the use of such au2 thority, and the expected outcome for each project 

3 that is the subject of the use of such authority. In 

4 such a case, the authority for evaluating the pro5 posal may not be delegated by the Secretary to any6 one other than the Under Secretary for Manage7 ment.’’; 

8 (2) in subsection (c)— 

9 (A) in paragraph (1), in the matter pre10 ceding subparagraph (A), by striking ‘‘2016’’ 

11 and inserting ‘‘2020’’; and 

12 (B) by amending paragraph (2) to read as 

13 follows: 

14 ‘‘(2) REPORT.—The Secretary shall annually 

15 submit to the Committee on Homeland Security and 

16 the Committee on Science, Space, and Technology of 

17 the House of Representatives and the Committee on 

18 Homeland Security and Governmental Affairs of the 

19 Senate a report detailing the projects for which the 

20 authority granted by subsection (a) was utilized, the 

21 rationale for such utilizations, the funds spent uti22 lizing such authority, the extent of cost-sharing for 

23 such projects among Federal and non-Federal 

24 sources, the extent to which utilization of such au25 thority has addressed a homeland security capability 


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1 gap or threat to the homeland identified by the De2 partment, the total amount of payments, if any, that 

3 were received by the Federal Government as a result 

4 of the utilization of such authority during the period 

5 covered by each such report, the outcome of each 

6 project for which such authority was utilized, and 

7 the results of any audits of such projects.’’; and 

8 (3) by adding at the end the following new sub9 section: 

10 ‘‘(e) TRAINING.—The Secretary shall develop a train11 ing program for acquisitions staff on the utilization of the 

12 authority provided under subsection (a).’’. 

13 (c) PROHIBITION ON ADDITIONAL FUNDING.—No 

14 additional funds are authorized to be appropriated to 

15 carry out this Act and the amendments made by this Act. 

Æ 


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