79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–607 

DHS CYBER INCIDENT RESPONSE TEAMS ACT OF 2018 

MARCH 19, 2018.—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. 5074] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security, to whom was referred the 

bill (H.R. 5074) to authorize cyber incident response teams at the 

Department of Homeland Security, and for other purposes, having 

considered the same, report favorably thereon without amendment 

and recommend that the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for Legislation .................................................................... 2 

Hearings ................................................................................................................... 3 

Committee Consideration ........................................................................................ 3 

Committee Votes ...................................................................................................... 3 

Committee Oversight Findings ............................................................................... 3 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 4 

Congressional Budget Office Estimate ................................................................... 4 

Statement of General Performance Goals and Objectives .................................... 5 

Duplicative Federal Programs ................................................................................ 5 

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 5 

Federal Mandates Statement ................................................................................. 5 

Preemption Clarification ......................................................................................... 5 

Disclosure of Directed Rule Makings ..................................................................... 5 

Advisory Committee Statement .............................................................................. 5 

Applicability to Legislative Branch ........................................................................ 5 

Section-by-Section Analysis of the Legislation ...................................................... 6 

Changes in Existing Law Made by the Bill, as Reported ..................................... 6 

2 

PURPOSE AND SUMMARY

The purpose of H.R. 5074 is to amend the Homeland Security Act 

of 2002 to authorize cyber incident response teams at the Department of Homeland Security, and for other purposes. 

The Cyber Incident Response Teams Act of 2018 codifies and 

shapes the cyber incident response teams at the Department of 

Homeland Security (DHS). These teams will exist within the National Cybersecurity and Communications Integration Center 

(NCCIC) at DHS and shall provide upon request, as appropriate, 

assistance to asset owners and operators following a cyber-incident. 

In order to allow for private sector technical experts to be leveraged 

in the response to cyber incidents these teams may include cybersecurity specialists from the private sector. This program would allow 

industry professionals to bring innovative approaches and ideas 

into the federal government and makes progress in bringing the 

technical expertise and skills that help execute the DHS role in cybersecurity. This legislation further directs the NCCIC to continually assess and evaluate the cyber incident response teams and 

their operations and to periodically provide to Congress the collected information on the metrics used for evaluation and assessment of the cyber response teams and operations. 

BACKGROUND AND NEED FOR LEGISLATION

The DHS’s NCCIC currently utilizes cyber incident response expertise in a number of ways. The United States Computer Emergency Readiness Team (US-CERT), operated within the NCCIC, 

brings advanced network and digital media analysis expertise to 

bear on malicious activity targeting our nation’s networks. USCERT develops timely and actionable information for distribution 

to federal departments and agencies, state and local governments, 

private sector organizations, and international partners. The critical mission activities of US-CERT’s include: providing cybersecurity protection to Federal civilian executive branch agencies; responding to incidents and analyzing data about emerging cyber 

threats; and collaborating with foreign governments and international entities to enhance the nation’s cybersecurity posture. 

The NCCIC’s Hunt and Incident Response Teams (HIRT) provide 

onsite incident response, free of charge, to organizations that require immediate investigation and resolution of cyber attacks. 

Hunt and Incident Response Teams provide DHS’s front line response for cyber incidents and proactively hunting for malicious 

cyber activity. Upon notification of a cyber incident, HIRT will perform a preliminary diagnosis to determine the extent of the compromise. When requested, HIRT can deploy a team to meet with 

the affected organization to review network topology, identify infected systems and collect other data as needed to perform thorough follow on analysis. Hunt and Incident Response Teams are 

able to provide mitigation strategies and assist asset owners and 

operators in restoring service and provide recommendations for improving overall network and control systems security. 

H.R. 5074 will codify the work of US-CERT and the HIRT while 

providing DHS flexibility to also call upon outside expertise. 

3 

HEARINGS

The Committee did not hold any hearings on H.R. 5074, however 

the following hearings informed the Committee on this legislation. 

On March 9, 2017, the Subcommittee on Cybersecurity and Infrastructure Protection held a hearing entitled ‘‘The Current State of 

DHS Private Sector Engagement for Cybersecurity.’’ The Subcommittee received testimony from Mr. Daniel Nutkis, Chief Executive Officer, HITRUST Alliance; Mr. Scott Montgomery, Vice 

President and Chief Technical Strategist, Intel Security Group, 

Intel Corporation; Mr. Jeffrey Greene, Senior Director, Global Government Affairs and Policy Symantec; Mr. Ryan M. Gillis, Vice 

President of Cybersecurity Strategy and Global Policy, Palo Alto 

Networks; and Ms. Robyn Greene, Policy Counsel and Government 

Affairs Lead, Open Technology Institute, New America. 

On March 22, 2017, the Committee held a hearing entitled ‘‘A 

Borderless Battle: Defending Against Cyber Threats.’’ The Committee received testimony from GEN Keith B. Alexander (Ret. 

USA), President and Chief Executive Officer, IronNet Cybersecurity; Mr. Michael Daniel, President, Cyber Threat Alliance; Mr. 

Frank J. Cilluffo, Director, Center for Cyber and Homeland Security, George Washington University; and Mr. Bruce W. McConnell, 

Global Vice President, EastWest Institute. 

On October 3, 2017, the Subcommittee on Cybersecurity and Infrastructure Protection held a hearing entitled ‘‘Examining DHS’s 

Cybersecurity Mission.’’ The Subcommittee received testimony from 

Mr. Christopher Krebs, Senior Official Performing the Duties of the 

Under Secretary, National Protection and Programs Directorate, 

U.S. Department of Homeland Security; Ms. Jeanette Manfra, Assistant Secretary for Cybersecurity and Communications, National 

Protection and Programs Directorate, U.S. Department of Homeland Security; and Ms. Patricia Hoffman, Acting Assistant Secretary, Office of Electricity Delivery and Energy Reliability, U.S. 

Department of Energy. 

COMMITTEE CONSIDERATION

The Committee met on March 7, 2018, to consider H.R. 5074, 

and ordered the measure to be reported to the House with a favorable recommendation, without amendment, by unanimous consent. 

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. 

5074. 

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. 

4 

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. 5074, the 

DHS Cyber Incident Response Teams Act of 2018, would result in 

no new or increased budget authority, entitlement authority, or tax 

expenditures or revenues. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, March 15, 2018. 

Hon. MICHAEL MCCAUL, Chairman, Committee on Homeland Security, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5074, the DHS Cyber Incident Response Teams Act of 2018. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is William Ma. 

Sincerely, 

KEITH HALL, 

Director. 

Enclosure. 

H.R. 5074—DHS Cyber Incident Response Teams Act of 2018 

H.R. 5074 would codify the establishment and responsibilities of 

hunt and incident response teams (HIRTs) under the authority of 

the National Cybersecurity and Communications Integration Center (NCCIC) in the Department of Homeland Security (DHS). 

Under the bill, HIRTs would continue to provide assistance to federal and non-federal entities affected by malicious cyber activity. 

H.R. 5074 also would require the NCCIC to report to the Congress on HIRTs activities at the end of each of the first four fiscal 

years following the bill’s enactment. Using information from DHS 

and considering information about similar reporting requirements, 

CBO estimates that enacting H.R. 5074 would cost less than 

$500,000 over the 2018–2022 period; such spending would be subject to the availability of appropriated funds. 

Enacting H.R. 5074 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

CBO estimates that enacting H.R. 5074 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2028. 

H.R. 5074 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is William Ma. The estimate was approved by Leo Lex, Deputy Assistant Director for 

Budget Analysis. 

5 

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. 5074 contains the following general performance goals and objectives, including outcome related goals and 

objectives authorized. 

H.R. 5074 mandates that the Department of Homeland Security 

continuously assess and assign metrics to the cyber incident response teams operations, and that it provides those metrics to Congress the first four years after enactment of the bill. 

DUPLICATIVE FEDERAL PROGRAMS

Pursuant to clause 3(c) of Rule XIII, the Committee finds that 

H.R. 5074 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

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

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. 5074 does not preempt any State, 

local, or Tribal law. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that H.R. 5074 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. 

6 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short Title. 

This section provides that this bill may be cited as the ‘‘DHS 

Cyber Incident Response Teams Act of 2018’’. 

Sec. 2. Department of Homeland Security Cyber Incident Response 

Teams. 

This section amends the second section 227 of the Homeland Security Act (HSA). 

This section formally codifies the NCCIC’s cyber incident response teams. The cyber hunt and incident response teams can provide, as appropriate and upon request: assistance to owners and 

operators following a cyber-incident; identification of cyber risk and 

unauthorized cyber activity; risk management and mitigation strategies for private sector entities; overall recommendations for network and system controls; and other capabilities that may be 

deemed appropriate all of which are on a voluntary, requested 

basis. The Committee intends to continue to support the work of 

these important teams with the formal authorization of this program. 

This section also authorizes the Secretary to utilize private sector 

cybersecurity specialists on the cyber hunt and incident response 

teams. The Committee intends for the cyber hunt and incident response teams to work hand in hand with private sector cybersecurity specialists, when the Secretary deems necessary. The Committee intends for this provision to increase the talent pool from 

which DHS can draw in order to continue to accomplish the Department’s cybersecurity mission. 

This section requires the NCCIC to continually assess and assign 

metrics to the cyber incident response team’s operations. This section requires the Center to submit to the U.S. House of Representatives Committee on Homeland Security and U.S. Senate Committee 

on Homeland Security and Governmental Affairs, for the first four 

years after the enactment of this bill, information on the activities 

of these teams. The NCCIC is required to provide information on 

metrics, the total number of incident response requests receive, the 

number of incident response tickets opened, all interagency staffing 

of incident response teams, and the interagency collaborations established to support incident response teams. 

No additional funds are authorized to carry out the requirements 

of this Act. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

HOMELAND SECURITY ACT OF 2002 

* * * * * * * 

7 

TITLE II—INFORMATION ANALYSIS AND 

INFRASTRUCTURE PROTECTION 

* * * * * * * 

Subtitle C—Information Security 

* * * * * * * 

SEC. 227. NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION CENTER. 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘cybersecurity risk’’— 

(A) means threats to and vulnerabilities of information 

or information systems and any related consequences 

caused by or resulting from unauthorized access, use, disclosure, degradation, disruption, modification, or destruction of such information or information systems, including 

such related consequences caused by an act of terrorism; 

and 

(B) does not include any action that solely involves a violation of a consumer term of service or a consumer licensing agreement; 

(2) the terms ‘‘cyber threat indicator’’ and ‘‘defensive measure’’ have the meanings given those terms in section 102 of the 

Cybersecurity Act of 2015; 

(3) the term ‘‘incident’’ means an occurrence that actually or 

imminently jeopardizes, without lawful authority, the integrity, 

confidentiality, or availability of information on an information 

system, or actually or imminently jeopardizes, without lawful 

authority, an information system; 

(4) the term ‘‘information sharing and analysis organization’’ 

has the meaning given that term in section 212(5); 

(5) the term ‘‘information system’’ has the meaning given 

that term in section 3502(8) of title 44, United States Code; 

and 

(6) the term ‘‘sharing’’ (including all conjugations thereof) 

means providing, receiving, and disseminating (including all 

conjugations of each of such terms). 

(b) CENTER.—There is in the Department a national cybersecurity and communications integration center (referred to in this section as the ‘‘Center’’) to carry out certain responsibilities of the 

Under Secretary appointed under section 103(a)(1)(H). 

(c) FUNCTIONS.—The cybersecurity functions of the Center shall 

include— 

(1) being a Federal civilian interface for the multi-directional 

and cross-sector sharing of information related to cyber threat 

indicators, defensivemeasures, cybersecurity risks, incidents, 

analysis, and warnings for Federal and non-Federal entities, 

including the implementationof title I of the Cybersecurity Act 

of 2015; 

(2) providing shared situational awareness to enable realtime, integrated, and operational actions across the Federal 

8 

Government and non-Federal entities to address cybersecurity 

risks and incidents to Federal and non-Federal entities; 

(3) coordinating the sharing of information related to cyber 

threat indicators, defensive measures,cybersecurity risks, and 

incidents across the Federal Government; 

(4) facilitating cross-sector coordination to address cybersecurity risks and incidents, including cybersecurity risks and incidents that may be related or could have consequential impacts 

across multiple sectors; 

(5)(A) conducting integration and analysis, including crosssector integration and analysis, of cyber threat indicators, 

defensivemeasures, cybersecurity risks, and incidents; and 

(B) sharing the analysis conducted under subparagraph (A) 

with Federal and non-Federal entities; 

(6) upon request, providing timely technical assistance, risk 

management support, and incident response capabilities to 

Federal and non-Federal entities with respect to cyber threat 

indicators, defensive measures, cybersecurityrisks, and incidents, which may include attribution, mitigation, and remediation; 

(7) providing information and recommendations on security 

and resilience measures to Federal and non-Federal entities, 

including information and recommendations to— 

(A) facilitate information security; 

(B) strengthen information systems against cybersecurity risks and incidents; and 

(C) sharing cyber threat indicators and defensive measures; 

(8) engaging with international partners, in consultation 

with other appropriate agencies, to— 

(A) collaborate on cyber threat indicators, defensive 

measures, and information related to cybersecurity risks 

and incidents; and 

(B) enhance the security and resilience of global cybersecurity; 

(9) sharing cyber threat indicators, defensive measures, and 

other information related to cybersecurity risks and incidents 

with Federal and non-Federal entities, including across sectors 

of critical infrastructure and with State and major urban area 

fusion centers, as appropriate; 

(10) participating, as appropriate, in national exercises run 

by the Department; and 

(11) in coordination with the Office of Emergency Communications of the Department, assessing and evaluating consequence, vulnerability, and threat information regarding 

cyber incidents to public safety communications to help facilitate continuous improvements to the security and resiliency of 

such communications. 

(d) COMPOSITION.— 

(1) IN GENERAL.—The Center shall be composed of— 

(A) appropriate representatives of Federal entities, such 

as— 

(i) sector-specific agencies; 

(ii) civilian and law enforcement agencies; and 

9 

(iii) elements of the intelligence community, as that 

term is defined under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)); 

(B) appropriate representatives of non-Federal entities, 

such as— 

(i) State, local, and tribal governments; 

(ii) information sharing and analysis organizations, 

including information sharing and analysis centers; 

(iii) owners and operators of critical information systems; and 

(iv) private entities, including cybersecurity specialists; 

(C) components within the Center that carry out cybersecurity and communications activities; 

(D) a designated Federal official for operational coordination with and across each sector; 

(E) an entity that collaborates with State and local governments on cybersecurity risks and incidents, and has entered into a voluntary information sharing relationship 

with the Center; and 

(F) other appropriate representatives or entities, as determined by the Secretary. 

(2) INCIDENTS.—In the event of an incident, during exigent 

circumstances the Secretary may grant a Federal or non-Federal entity immediate temporary access to the Center. 

(f) CYBER INCIDENT RESPONSE TEAMS.— (1) IN GENERAL.—The Center shall maintain cyber hunt and 

incident response teams for the purpose of providing, as appropriate and upon request, assistance, including the following: 

(A) Assistance to asset owners and operators in restoring 

services following a cyber incident. 

(B) The identification of cybersecurity risk and unauthorized cyber activity. 

(C) Mitigation strategies to prevent, deter, and protect 

against cybersecurity risks. 

(D) Recommendations to asset owners and operators for 

improving overall network and control systems security to 

lower cybersecurity risks, and other recommendations, as 

appropriate. 

(E) Such other capabilities as the Under Secretary appointed under section 103(a)(1)(H) determines appropriate. 

(2) CYBERSECURITY SPECIALISTS.—The Secretary may include 

cybersecurity specialists from the private sector on cyber hunt 

and incident response teams. 

(3) ASSOCIATED METRICS.—The Center shall continually assess and evaluate the cyber incident response teams and their 

operations using robust metrics. 

(4) SUBMITTAL OF INFORMATION TO CONGRESS.—Upon the 

conclusion of each of the first four fiscal years ending after the 

date of the enactment of this subsection, the Center shall submit 

to the Committee on Homeland Security of the House of Representatives and the Homeland Security and Governmental Affairs Committee of the Senate, information on the metrics used 

for evaluation and assessment of the cyber incident response 

teams and operations pursuant to paragraph (3), including the 

10 

resources and staffing of such cyber incident response teams. 

Such information shall include each of the following for the period covered by the report: 

(A) The total number of incident response requests received. 

(B) The number of incident response tickets opened. 

(C) All interagency staffing of incident response teams. 

(D) The interagency collaborations established to support 

incident response teams. 

(e) PRINCIPLES.—In carrying out the functions under subsection 

(c), the Center shall ensure— 

(1) to the extent practicable, that— 

(A) timely, actionable, and relevant cyber 

threatindicators, defensive measures, and information related to cybersecurity risks, incidents, and analysis is 

shared; 

(B) when appropriate, cyber threatindicators, defensive 

measures, and information related to cybersecurity risks, 

incidents, and analysis is integrated with other relevant 

information and tailored to the specific characteristics of a 

sector; 

(C) activities are prioritized and conducted based on the 

level of risk; 

(D) industry sector-specific, academic, and national laboratory expertise is sought and receives appropriate consideration; 

(E) continuous, collaborative, and inclusive coordination 

occurs— 

(i) across sectors; and 

(ii) with— 

(I) sector coordinating councils; 

(II) information sharing and analysis organizations; and 

(III) other appropriate non-Federal partners; 

(F) as appropriate, the Center works to develop and use 

mechanisms for sharing information related to cyber 

threat indicators, defensive measures,cybersecurity risks, 

and incidents that are technology-neutral, interoperable, 

real-time, cost-effective, and resilient; 

(G) the Center works with other agencies to reduce unnecessarily duplicative sharing of information related to 

cyber threat indicators,defensive measures, cybersecurity 

risks, andincidents; and; 

(H) the Center designates an agency contact for non-Federal entities; 

(2) that information related to cyber threat indicators, defensive measures, cybersecurityrisks, and incidents is appropriately safeguarded against unauthorized access or disclosure; 

and 

(3) that activities conducted by the Center comply with all 

policies, regulations, and laws that protect the privacy and civil 

liberties of United States persons, including by working 

withthe Privacy Officer appointed under section 222 to 

ensurethat the Center follows the policies and procedures 

11 

specifiedin subsections (b) and (d)(5)(C) of section 105 of the 

CybersecurityAct of 2015. 

ø(f)¿ (g) NO RIGHT OR BENEFIT.— (1) IN GENERAL.—The provision of assistance or information 

to, and inclusion in the Center, or any team or activity of the 

Center, of, governmental or private entities under this section 

shall be at the sole and unreviewable discretion of the Under 

Secretary appointed under section 103(a)(1)(H). 

(2) CERTAIN ASSISTANCE OR INFORMATION.—The provision of 

certain assistance or information to, or inclusion in the Center, or any team or activity of the Center, of, one governmental or 

private entity pursuant to this section shall not create a right 

or benefit, substantive or procedural, to similar assistance or 

information for any other governmental or private entity. 

ø(g)¿ (h) AUTOMATED INFORMATION SHARING.— 

(1) IN GENERAL.—The Under Secretary appointed under section 103(a)(1)(H), in coordination with industry and other 

stakeholders, shall develop capabilities making use of existing 

information technology industry standards and best practices, 

as appropriate, that support and rapidly advance the development, adoption, and implementation of automated mechanisms 

for the sharing of cyber threat indicators and defensive measures in accordance with title I of the Cybersecurity Act of 2015. 

(2) ANNUAL REPORT.—The Under Secretary appointed under 

section 103(a)(1)(H) shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the 

Committee on Homeland Security of the House of Representatives an annual report on the status and progress of the development of the capabilities described in paragraph (1). Such reports shall be required until such capabilities are fully implemented. 

ø(h)¿ (i) VOLUNTARY INFORMATION SHARING PROCEDURES.— 

(1) PROCEDURES.— (A) IN GENERAL.—The Center may enter into a voluntary 

information sharing relationship with any consenting nonFederal entity for the sharing of cyber threat indicators 

and defensive measures for cybersecurity purposes in accordance with this section. Nothing in this subsection may 

be construed to require any non-Federal entity to enter 

into any such information sharing relationship with the 

Center or any other entity. The Center may terminate a 

voluntary information sharing relationship under this subsection, at the sole and unreviewable discretion of the Secretary, acting through the Under Secretary appointed 

under section 103(a)(1)(H), for any reason, including if the 

Center determines that the non-Federal entity with which 

the Center has entered into such a relationship has violated the terms of this subsection. 

(B) NATIONAL SECURITY.—The Secretary may decline to 

enter into a voluntary information sharing relationship 

under this subsection, at the sole and unreviewable discretion of the Secretary, acting through the Under Secretary 

appointed under section 103(a)(1)(H), for any reason, including if the Secretary determines that such is appropriate for national security. 

12 

(2) VOLUNTARY INFORMATION SHARING RELATIONSHIPS.—A 

voluntary information sharing relationship under this subsection may be characterized as an agreement described in this 

paragraph. 

(A) STANDARD AGREEMENT.—For the use of a non-Federal entity, the Center shall make available a standard 

agreement, consistent with this section, on the Department’s website. 

(B) NEGOTIATED AGREEMENT.—At the request of a nonFederal entity, and if determined appropriate by the Center, at the sole and unreviewable discretion of the Secretary, acting through the Under Secretary appointed 

under section 103(a)(1)(H), the Department shall negotiate 

a non-standard agreement, consistent with this section. 

(C) EXISTING AGREEMENTS.—An agreement between the 

Center and a non-Federal entity that is entered into before 

the date of enactment of this subsection, or such an agreement that is in effect before such date, shall be deemed in 

compliance with the requirements of this subsection, notwithstanding any other provision or requirement of this 

subsection. An agreement under this subsection shall include the relevant privacy protections as in effect under 

the Cooperative Research and Development Agreement for 

Cybersecurity Information Sharing and Collaboration, as 

of December 31, 2014. Nothing in this subsection may be 

construed to require a non-Federal entity to enter into either a standard or negotiated agreement to be in compliance with this subsection. 

ø(i)¿ (j) DIRECT REPORTING.—The Secretary shall develop policies 

and procedures for direct reporting to the Secretary by the Director 

of the Center regarding significant cybersecurity risks and incidents. 

ø(j)¿ (k) REPORTS ON INTERNATIONAL COOPERATION.—Not later 

than 180 days after the date of enactment of this subsection, and 

periodically thereafter, the Secretary of Homeland Security shall 

submit to the Committee on Homeland Security and Governmental 

Affairs of the Senate and the Committee on Homeland Security of 

the House of Representatives a report on the range of efforts underway to bolster cybersecurity collaboration with relevant international partners in accordance with subsection (c)(8). 

ø(k)¿ (l) OUTREACH.—Not later than 60 days after the date of enactment of this subsection, the Secretary, acting through the Under 

Secretary appointed under section 103(a)(1)(H), shall— 

(1) disseminate to the public information about how to voluntarily share cyber threat indicators and defensive measures 

with the Center; and 

(2) enhance outreach to critical infrastructure owners and 

operators for purposes of such sharing. 

ø(l)¿ (m) CYBERSECURITY OUTREACH.— 

(1) IN GENERAL.—The Secretary may leverage small business 

development centers to provide assistance to small business 

concerns by disseminating information on cyber threat indicators, defense measures, cybersecurity risks, incidents, analyses, 

and warnings to help small business concerns in developing or 

13 

enhancing cybersecurity infrastructure, awareness of cyber 

threat indicators, and cyber training programs for employees. 

(2) DEFINITIONS.—For purposes of this subsection, the terms 

‘‘small business concern’’ and ‘‘small business development center’’ have the meaning given such terms, respectively, under 

section 3 of the Small Business Act. 

ø(m)¿ (n) COORDINATED VULNERABILITY DISCLOSURE.—The Secretary, in coordination with industry and other stakeholders, may 

develop and adhere to Department policies and procedures for coordinating vulnerability disclosures. 

* * * * * * * 

Æ