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114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-630
======================================================================
LEVERAGING EMERGING TECHNOLOGIES ACT OF 2016
_______
June 21, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 5389]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 5389) to encourage engagement between the
Department of Homeland Security and technology innovators, and
for other purposes, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 2
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Congressional Budget Office Estimate............................. 3
Statement of General Performance Goals and Objectives............ 3
Duplicative Federal Programs..................................... 3
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 3
Federal Mandates Statement....................................... 3
Preemption Clarification......................................... 3
Disclosure of Directed Rule Makings.............................. 4
Advisory Committee Statement..................................... 4
Applicability to Legislative Branch.............................. 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose and Summary
H.R. 5389, the ``Leveraging Emerging Technologies Act of
2016'' encourages engagement between the Department of Homeland
Security and technology innovators. The bill requires the
Secretary of Homeland Security to engage with innovative and
emerging technology developers and firms, including technology-
based small businesses and startup ventures, to address
homeland security needs. The Secretary may also identify
geographic areas in the United States where high concentrations
of innovative and emerging technology developers and firms
exist. H.R. 5389 allows the Secretary to establish personnel
and office space in these areas, as appropriate. Finally, the
bill requires the Secretary, not later than six months
following the date of enactment of the section, to develop,
implement, and submit a strategy to proactively engage
innovative and emerging technology developers and firms.
Background and Need for Legislation
The technology needs of the Department of Homeland Security
(DHS) and its partners in the Homeland Security Enterprise are
complex and multi-faceted. To meet these needs, DHS has
enhanced efforts to cultivate relationships with innovative but
non-traditional partners by establishing an office in Silicon
Valley to encourage regular engagement and communication with
technology developers in the area. Although Silicon Valley is a
vital hub of technological development, it is not the only hub
in the United States. The Department's ability to engage
regional and national thought leaders across the country and
establish a presence in a similar manner will help it target
investments and promote proven technologies that address
homeland security needs. In this vein, requiring the Department
to consider strategically how it will engage these technology
developers across the country will strengthen the Department's
ability to access innovative and emerging technologies in order
to combat evolving threats. This legislation is intended to
ensure that DHS fosters sustainable systems, policies and
procedures to maintain strong engagement with innovative and
emerging technology developers and firms that continue over
time
Hearings
No hearings were held on H.R. 5389 in the 114th Congress.
Committee Consideration
The Committee met on June 8, 2016, to consider H.R. 5389,
and ordered the measure to be reported to the House with a
favorable recommendation, without amendment, by voice vote.
Committee Votes
Clause 3(b) of Rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 5389.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of Rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
5389, the Leveraging Emerging Technologies Act of 2016, would
result in no new or increased budget authority, entitlement
authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the
House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the
House of Representatives, H.R. 5389 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
This legislation provides for the Department of Homeland
Security to develop and submit to Congress a strategic plan for
engaging with innovative technology developers.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 5389 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with Rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the
House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 5389 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 5389 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that this bill may be cited as the
``Leveraging Emerging Technologies Act of 2016''.
Sec. 2. Innovation Engagement.
This section requires the Secretary of Homeland Security to
engage with innovative and emerging technology developers and
firms, including technology-based small businesses and startup
ventures to address homeland security needs. The Secretary may
identify geographic areas in the United States with high
concentrations of innovative and emerging technology developers
and firms and may establish personnel and office space in such
areas, as appropriate.
The Committee intends to encourage regular engagement with
innovative or emerging technology developers across the country
in order to promote an environment for government purchase and
development of capabilities from the private sector.
This section allows engagement to include developers and
firms with proven technologies, supported with outside
investment, with potential applications for the Department. The
Committee intends for such engagement to include, but not be
limited to, startup accelerators as well as businesses
producing cybersecurity technologies. If the Secretary chooses
to locate personnel in a certain geographic area, based on this
Act, this section requires the Secretary to co-locate such
personnel and office space with other existing assets of the
Department, where possible, or federal facilities, where
appropriate.
This section requires the Secretary to inform Congress
within 30 days of establishing personneland office space,
pursuant to this bill.
This section requires the Secretary to develop a strategic
plan and submit the plan to Congress within six months. The
plan must: 1) focus on sustainable methods and guidance to
build relationships with innovative and emerging technology
developers and firms to establish, develop, and enhance
departmental capabilities to address homeland security needs;
2) include efforts to ensure proven technologies can be
included in existing and future acquisition contracts,
coordinate with venture capital organizations for technologies
expected to be ready for commercialization in the near term,
and address barriers to the utilization of innovative and
emerging technologies and the engagement of small businesses
and startup ventures in the acquisition process; 3) describe
how the Department plans to leverage proven technologies and
innovations to address homeland security needs; and 4) include
the criteria the Secretary plans to use to determine that a
technology is proven.
Recognizing that some innovative technology developers or
firms may not be located in these regional technology hubs, the
Committee intends for the Department to give attention to
fostering engagement with innovators that may be located
outside these areas but nonetheless have technologies that
could be leveraged by the Department to address homeland
security needs.
The Committee intends for the Secretary to carry out
engagement efforts with innovative or emerging technology
developers including small businesses and startup ventures, in
a proactive and strategic manner. The Committee strongly
believes that for this engagement to make a meaningful impact
to addressing the homeland security technology gaps within DHS
and the Homeland Security Enterprise there must be sustainable
systems, policies, and procedures to ensure that such
relationships are not ad hoc, informal, or personality-driven.
The Committee further acknowledges the long-standing
positive relationship the Department has had with the nonprofit
In-Q-Tel, originally formed by the Intelligence Community, and
intends for the Department to seek greater engagement with the
venture capital community to help commercialize homeland
security technologies.
The Committee intends for the Secretary to examine and
clearly identify barriers to utilizing emerging or innovative
technology developers, including where the Department lacks
authority or needs more authority to simplify or streamline the
procurement process for these developers and ways to improve
capabilities and reduce costs.
No additional funds are authorized to be appropriated to
carry out this Act.
Changes in Existing Law Made by the Bill, as Reported
As reported, H.R. 5389 makes no changes to existing law.
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