IIB 

114TH CONGRESS 

2D SESSION H. R. 5388 

IN THE SENATE OF THE UNITED STATES 

JUNE 22, 2016 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Support for Rapid In3 novation Act of 2016’’. 

4 SEC. 2. CYBERSECURITY RESEARCH AND DEVELOPMENT 

5 PROJECTS. 

6 (a) CYBERSECURITY RESEARCH AND DEVELOP7 MENT.— 

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

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

10 amended by adding at the end the following new sec11 tion: 

12 ‘‘SEC. 319. CYBERSECURITY RESEARCH AND DEVELOP13 MENT. 

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

15 and Technology shall support the research, development, 

16 testing, evaluation, and transition of cybersecurity tech17 nologies, including fundamental research to improve the 

18 sharing of information, analytics, and methodologies re19 lated to cybersecurity risks and incidents, consistent with 

20 current law. 

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

22 supported under subsection (a) shall serve the components 

23 of the Department and shall— 

24 ‘‘(1) advance the development and accelerate 

25 the deployment of more secure information systems; 


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1 ‘‘(2) improve and create technologies for detect2 ing attacks or intrusions, including real-time contin3 uous diagnostics and real-time analytic technologies; 

4 ‘‘(3) improve and create mitigation and recov5 ery methodologies, including techniques and policies 

6 for real-time containment of attacks, and develop7 ment of resilient networks and information systems; 

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

9 entities, the review of source code that underpins 

10 critical infrastructure information systems; 

11 ‘‘(5) develop and support infrastructure and 

12 tools to support cybersecurity research and develop13 ment efforts, including modeling, testbeds, and data 

14 sets for assessment of new cybersecurity tech15 nologies; 

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

17 technologies to reduce vulnerabilities in industrial 

18 control systems; and 

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

20 attack attribution capabilities. 

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

22 the Under Secretary for Science and Technology shall co23 ordinate activities with— 

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

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


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1 ‘‘(2) the heads of other relevant Federal depart2 ments and agencies, as appropriate; and 

3 ‘‘(3) industry and academia. 

4 ‘‘(d) TRANSITION TO PRACTICE.—The Under Sec5 retary for Science and Technology shall support projects 

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

7 such projects, including research, development, testing, 

8 evaluation, pilots, and transitions. The Under Secretary 

9 shall identify mature technologies that address existing or 

10 imminent cybersecurity gaps in public or private informa11 tion systems and networks of information systems, iden12 tify and support necessary improvements identified during 

13 pilot programs and testing and evaluation activities, and 

14 introduce new cybersecurity technologies throughout the 

15 homeland security enterprise through partnerships and 

16 commercialization. The Under Secretary shall target fed17 erally funded cybersecurity research that demonstrates a 

18 high probability of successful transition to the commercial 

19 market within 2 years and that is expected to have a nota20 ble impact on the public or private information systems 

21 and networks of information systems. 

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

23 ‘‘(1) CYBERSECURITY RISK.—The term ‘cyber24 security risk’ has the meaning given such term in 

25 section 227. 


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

2 term ‘homeland security enterprise’ means relevant 

3 governmental and nongovernmental entities involved 

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

5 and tribal government officials, private sector rep6 resentatives, academics, and other policy experts. 

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

8 meaning given such term in section 227. 

9 ‘‘(4) INFORMATION SYSTEM.—The term ‘infor10 mation system’ has the meaning given such term in 

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

12 (2) CLERICAL AMENDMENT.—The table of con13 tents in section 1(b) of the Homeland Security Act 

14 of 2002 is amended by inserting after the item relat15 ing to section 318 the following new item: 

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

16 (b) RESEARCH AND DEVELOPMENT PROJECTS.— 

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

18 U.S.C. 391) is amended— 

19 (1) in subsection (a)— 

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

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

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

23 sentence; and 

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

25 paragraph: 


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

2 the head of a component or office of the Department 

3 seeks to utilize the authority under this section, such 

4 head shall first receive prior approval from the Sec5 retary by providing to the Secretary a proposal that 

6 includes the rationale for the utilization of such au7 thority, the funds to be spent on the use of such au8 thority, and the expected outcome for each project 

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

10 such a case, the authority for evaluating the pro11 posal may not be delegated by the Secretary to any12 one other than the Under Secretary for Manage13 ment.’’; 

14 (2) in subsection (c)— 

15 (A) in paragraph (1), in the matter pre16 ceding subparagraph (A), by striking ‘‘2016’’ 

17 and inserting ‘‘2020’’; and 

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

19 follows: 

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

21 submit to the Committee on Homeland Security and 

22 the Committee on Science, Space, and Technology of 

23 the House of Representatives and the Committee on 

24 Homeland Security and Governmental Affairs of the 

25 Senate a report detailing the projects for which the 


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

2 rationale for such utilizations, the funds spent uti3 lizing such authority, the extent of cost-sharing for 

4 such projects among Federal and non-Federal 

5 sources, the extent to which utilization of such au6 thority has addressed a homeland security capability 

7 gap or threat to the homeland identified by the De8 partment, the total amount of payments, if any, that 

9 were received by the Federal Government as a result 

10 of the utilization of such authority during the period 

11 covered by each such report, the outcome of each 

12 project for which such authority was utilized, and 

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

14 (3) by adding at the end the following new sub15 section: 

16 ‘‘(e) TRAINING.—The Secretary shall develop a train17 ing program for acquisitions staff on the utilization of the 

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


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1 (c) PROHIBITION ON ADDITIONAL FUNDING.—No 

2 additional funds are authorized to be appropriated to 

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

Passed the House of Representatives June 21, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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