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Union Calendar No. 488 

114TH CONGRESS 

2D SESSION H. R. 5388 

[Report No. 114–629] 

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 

JUNE 21, 2016 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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•HR 5388 RH

A BILL 

To amend the Homeland Security Act of 2002 to provide 

for innovative research and development, and for other 

purposes. 


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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.— 

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

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

12 amended by adding at the end the following new sec13 tion: 

14 ‘‘SEC. 319. CYBERSECURITY RESEARCH AND DEVELOP15 MENT. 

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

17 and Technology shall support the research, development, 

18 testing, evaluation, and transition of cybersecurity tech19 nologies, including fundamental research to improve the 

20 sharing of information, analytics, and methodologies re21 lated to cybersecurity risks and incidents, consistent with 

22 current law. 

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

24 supported under subsection (a) shall serve the components 

25 of the Department and shall— 


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1 ‘‘(1) advance the development and accelerate 

2 the deployment of more secure information systems; 

3 ‘‘(2) improve and create technologies for detect4 ing attacks or intrusions, including real-time contin5 uous diagnostics and real-time analytic technologies; 

6 ‘‘(3) improve and create mitigation and recov7 ery methodologies, including techniques and policies 

8 for real-time containment of attacks, and develop9 ment of resilient networks and information systems; 

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

11 entities, the review of source code that underpins 

12 critical infrastructure information systems; 

13 ‘‘(5) develop and support infrastructure and 

14 tools to support cybersecurity research and develop15 ment efforts, including modeling, testbeds, and data 

16 sets for assessment of new cybersecurity tech17 nologies; 

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

19 technologies to reduce vulnerabilities in industrial 

20 control systems; and 

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

22 attack attribution capabilities. 

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

24 the Under Secretary for Science and Technology shall co25 ordinate activities with— 


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

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

3 ‘‘(2) the heads of other relevant Federal depart4 ments and agencies, as appropriate; and 

5 ‘‘(3) industry and academia. 

6 ‘‘(d) TRANSITION TO PRACTICE.—The Under Sec7 retary for Science and Technology shall support projects 

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

9 such projects, including research, development, testing, 

10 evaluation, pilots, and transitions. The Under Secretary 

11 shall identify mature technologies that address existing or 

12 imminent cybersecurity gaps in public or private informa13 tion systems and networks of information systems, iden14 tify and support necessary improvements identified during 

15 pilot programs and testing and evaluation activities, and 

16 introduce new cybersecurity technologies throughout the 

17 homeland security enterprise through partnerships and 

18 commercialization. The Under Secretary shall target fed19 erally funded cybersecurity research that demonstrates a 

20 high probability of successful transition to the commercial 

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

22 notable impact on the public or private information sys23 tems and networks of information systems. 

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


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1 ‘‘(1) CYBERSECURITY RISK.—The term ‘cyber2 security risk’ has the meaning given such term in 

3 section 227. 

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

5 term ‘homeland security enterprise’ means relevant 

6 governmental and nongovernmental entities involved 

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

8 and tribal government officials, private sector rep9 resentatives, academics, and other policy experts. 

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

11 meaning given such term in section 227. 

12 ‘‘(4) INFORMATION SYSTEM.—The term ‘infor13 mation system’ has the meaning given such term in 

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

15 (2) CLERICAL AMENDMENT.—The table of con16 tents in section 1(b) of the Homeland Security Act 

17 of 2002 is amended by inserting after the item relat18 ing to section 318 the following new item: 

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

19 (b) RESEARCH AND DEVELOPMENT PROJECTS.— 

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

21 U.S.C. 391) is amended— 

22 (1) in subsection (a)— 

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

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


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

2 sentence; and 

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

4 paragraph: 

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

6 the head of a component or office of the Department 

7 seeks to utilize the authority under this section, such 

8 head shall first receive prior approval from the Sec9 retary by providing to the Secretary a proposal that 

10 includes the rationale for the utilization of such au11 thority, the funds to be spent on the use of such au12 thority, and the expected outcome for each project 

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

14 such a case, the authority for evaluating the pro15 posal may not be delegated by the Secretary to any16 one other than the Under Secretary for Manage17 ment.’’; 

18 (2) in subsection (c)— 

19 (A) in paragraph (1), in the matter pre20 ceding subparagraph (A), by striking ‘‘2016’’ 

21 and inserting ‘‘2020’’; and 

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

23 follows: 

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

25 submit to the Committee on Homeland Security and 


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1 the Committee on Science, Space, and Technology of 

2 the House of Representatives and the Committee on 

3 Homeland Security and Governmental Affairs of the 

4 Senate a report detailing the projects for which the 

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

6 rationale for such utilizations, the funds spent uti7 lizing such authority, the extent of cost-sharing for 

8 such projects among Federal and non-Federal 

9 sources, the extent to which utilization of such au10 thority has addressed a homeland security capability 

11 gap or threat to the homeland identified by the De12 partment, the total amount of payments, if any, that 

13 were received by the Federal Government as a result 

14 of the utilization of such authority during the period 

15 covered by each such report, the outcome of each 

16 project for which such authority was utilized, and 

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

18 (3) by adding at the end the following new sub19 section: 

20 ‘‘(e) TRAINING.—The Secretary shall develop a train21 ing program for acquisitions staff on the utilization of the 

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

23 (c) PROHIBITION ON ADDITIONAL FUNDING.—No 

24 additional funds are authorized to be appropriated to 

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


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Union Calendar No. 488 

114TH CONGRESS 

2D SESSION H. R. 5388 

[Report No. 114–629] 

A BILL 

To amend the Homeland Security Act of 2002 to 

and for other purposes. provide for innovative research and development, 

JUNE 21, 2016 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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