U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

89–010 

" ! SENATE 115TH CONGRESS

2d Session 

REPORT

2018

115–412 

Calendar No. 716 

DHS CYBER INCIDENT RESPONSE TEAMS 

ACT OF 2018 

R E P O R T 

OF THE

COMMITTEE ON HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

S. 3309 

TO AUTHORIZE CYBER INCIDENT RESPONSE TEAMS AT THE 

DEPARTMENT OF HOMELAND SECURITY, AND FOR OTHER 

PURPOSES 

DECEMBER 4, 2018.—Ordered to be printed 


E:\Seals\Congress.#13
(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

RON JOHNSON, Wisconsin, Chairman 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

JAMES LANKFORD, Oklahoma 

MICHAEL B. ENZI, Wyoming 

JOHN HOEVEN, North Dakota 

STEVE DAINES, Montana 

JON KYL, Arizona 

CLAIRE MCCASKILL, Missouri 

THOMAS R. CARPER, Delaware 

HEIDI HEITKAMP, North Dakota 

GARY C. PETERS, Michigan 

MAGGIE HASSAN, New Hampshire 

KAMALA D. HARRIS, California 

DOUG JONES, Alabama 

CHRISTOPHER R. HIXON, Staff Director 

GABRIELLE D’ADAMO SINGER, Chief Counsel 

MICHELLE D. WOODS, Senior Professional Staff Member 

MARGARET E. DAUM, Minority Staff Director 

CHARLES A. MOSKOWITZ, Minority Senior Legislative Counsel 

SUBHASRI RAMANATHAN, Minority Counsel 

LAURA W. KILBRIDE, Chief Clerk 

Calendar No. 716 

115TH CONGRESS REPORT " ! SENATE 2d Session 115–412 

DHS CYBER INCIDENT RESPONSE TEAMS ACT OF 2018 

DECEMBER 4, 2018.—Ordered to be printed 

Mr. JOHNSON, from the Committee on Homeland Security and 

Governmental Affairs, submitted the following 

R E P O R T 

[To accompany S. 3309] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security and Governmental Affairs, 

to which was referred the bill (S. 3309) to authorize cyber incident 

response teams at the Department of Homeland Security, and for 

other purposes, having considered the same reports favorably 

thereon with an amendment (in the nature of a substitute) and recommends that the bill, as amended, do pass. 

CONTENTS 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background and Need for the Legislation ................................................... 2 

III. Legislative History ......................................................................................... 4 

IV. Section-by-Section Analysis .......................................................................... 4 

V. Evaluation of Regulatory Impact .................................................................. 5 

VI. Congressional Budget Office Cost Estimate ................................................ 5 

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

I. PURPOSE AND SUMMARY

The purpose of S. 3309, the Department of Homeland Security 

Cyber Incident Response Teams Act of 2018, is to authorize the Department to maintain cyber hunt and incident response teams 

(teams), codify an existing program within the Department, and 

foster public-private cooperation. The legislation instructs the Department to ensure that the teams assist in protecting infrastructure from cyber threats and help restore the functionality of private 

or public infrastructure following a cyberattack. The teams must 

also identify cybersecurity risks, develop mitigation strategies, and 

provide guidance to infrastructure owners. 

2 

1Press release Dep’t of Homeland Sec., Secretary Napolitano Opens New National Cybersecurity and Communications Integration Center (Oct. 30, 2009), available at https://www.dhs.gov/ 

news/2009/10/30/new-national-cybersecurity-center-opened. 2Dep’t of Homeland Sec., U.S. Department Of Homeland Security Cybersecurity Strategy, 

(May 15, 2018), available at https://www.dhs.gov/sites/default/files/publications/DHS-Cybersecurity-Strategy_0.pdf. 3See Dep’t of Homeland Sec., National Cybersecurity and Communications Integration Center, 

NCCIC Fact Sheet (last accessed Nov. 20, 2018), available at https://ics-cert.us-cert.gov/sites 

/default/files/FactSheets/NCCIC%20ICS_FactSheet_NCCIC%20ICS_S508C.pdf. 4 Id. 

5 Id. 

The bill helps build public-private partnerships by authorizing 

the Department to include private cybersecurity specialists on the 

teams. To help inform the Congress about the extent to which the 

teams are effective in accomplishing their mission and whether the 

Department was effectively mitigating cybersecurity risk, the Department must maintain metrics and provide reports to the appropriate Congressional committees. 

II. BACKGROUND AND THE NEED FOR LEGISLATION

In 2009, the Department created the National Cybersecurity and 

Communications Integration Center (NCCIC) to coordinate and 

streamline the nation’s response to cyber threats.1 The National 

Cybersecurity Protection Act of 2014 and the amendment by the 

Cybersecurity Act of 2015 authorized the NCCIC to ‘‘receive, analyze, and disseminate information about cybersecurity risks and incidents and to provide guidance, assessments, incident response 

support, and other technical assistance upon request.’’ 2

In an effort to advance these responsibilities, the NCCIC combined the incident response capabilities within the United States 

Computer Emergency Readiness Team and the Industrial Control 

Systems Computer Emergency Response Team, to form the Hunt 

and Incident Response Team (HIRT).3 The goal of HIRT is to provide ‘‘onsite incident response, free of charge, to organizations that 

require immediate investigation and resolution of cyber-attacks.’’ 4

According to the NCCIC: 

Upon notification of a cyber incident, HIRT will perform 

a preliminary diagnosis to determine the extent of the 

compromise. At the customer’s request, HIRT can deploy a 

team to meet with the affected organization to review network topology, identify infected systems, image drives for 

analysis, and collect other data as needed to perform thorough follow on analysis. HIRT is able to provide mitigation 

strategies and assist asset owners/operators in restoring 

service and provide recommendations for improving overall 

network and control systems security.5

During the 115th Congress, the Committee held hearings regarding cyber threats facing the United States and the need to mitigate 

the nation’s cybersecurity risk. In May 2017, Mr. Stephen 

Chabinsky, a former official with the Federal Bureau of Investigation and a cybersecurity expert, testified before the Committee and 

described the cybersecurity landscape in stark terms: 

The cyber threat is real and growing. Our vulnerabilities 

are real and growing. Our reliance on technology is real 

and growing. The harm from cyber-attacks is real and 

growing. Government agency cyber risk is real and growVerDate Sep 11 2014 02:40 Dec 14, 2018 Jkt 089010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR412.XXX SR412
3 

6 Cyber Threats Facing America: An Overview of the Cybersecurity Threat Landscape: Hearing 

before S. Comm. on Homeland Sec. & Governmental Affairs 115th Cong. (2017) (Statement of 

Steven Chabinsky, Global Chair of Data, Privacy, and Cyber Security, White & Case LLP), 

https://www.hsgac.senate.gov/imo/media/doc/Testimony-Chabinsky-2017-05-10-REVISED.pdf. 7Mitigating America’s Cybersecurity Risk: Hearing before S. Comm. on Homeland Sec. & Governmental Affairs 115th Cong. (2018) (Statement of Jeanette Manfra, Assistant Sec., Office of 

Cybersecurity & Communications, Nat’l Programs & Prot. Directorate, U.S. Dep’t of Homeland 

Sec.), available at https://www.hsgac.senate.gov/imo/media/doc/Testimony-Manfra-2018-04- 

24.pdf. 8 Id. (Statement of Gregor Wilshusen, Director of Information Security Issues, U.S. Gov’t Accountability Office), available at https://www.hsgac.senate.gov/imo/media/doc/TestimonyWilshusen-2018-04-24.pdf. 9 Id. 

ing. The risk to our national security is real and growing. 

The amount of time, money, and talent that our country 

is diverting from other issues and devoting to cybersecurity is real and growing. All of these problems are real and 

growing, and they are getting worse.6

The Committee also heard testimony about the role that the Department of Homeland Security plays in addressing national cybersecurity risk. In April 2018, Jeanette Manfra, Assistant Secretary, 

Office of Cybersecurity and Communications, with the National 

Protection and Programs Directorate (NPPD), testified about 

NPPD’s role: 

We endeavor to enhance cyber threat information-sharing across the globe to stop cyber incidents before they 

start and help businesses and government agencies to protect their cyber systems and quickly recover should such 

an attack occur.7

Gregory Wilshusen, Director of Information Security Issues at 

the Government Accountability Office, testified about the Department’s need to ‘‘enhance efforts to improve and promote the security of federal and private sector networks.’’ 8 Mr. Wilshusen described opportunities for the NCCIC to enhance its work to support 

national cybersecurity: 

[T]he extent to which the [NCCIC] had performed its required functions in accordance with statutorily defined implementing principles was unclear, in part, because the 

[NCCIC] had not established metrics and methods by 

which to evaluate its performance against the principles. 

Further, in its role as the lead federal agency for collaborating with eight critical infrastructure sectors including 

the communications and dams sectors, DHS had not developed metrics to measure and report on the effectiveness of 

its cyber risk mitigation activities or on the cybersecurity 

posture of the eight sectors.9

S. 3309 codifies the Department’s cyber hunt and incident response teams and requires the NCCIC to assess the cyber incident 

response teams and their operations. The legislation also requires 

the NCCIC to report to congressional committees annually about 

these teams and provide data about their performance. The combinations of these metrics and annual reporting will help Congress 

better understand the team’s and NCCIC’s ability to mitigate national cybersecurity risk. 

4 

III. LEGISLATIVE HISTORY

Senators Margaret Wood Hassan (D–NH) and Rob Portman (R– 

OH) introduced S. 3309 on July 13, 2018. The bill was referred to 

the Committee on Homeland Security and Governmental Affairs. 

The Committee considered S. 3309 at a business meeting on September 26, 2018. Senator Hassan offered a substitute amendment 

and a modification to the substitute amendment that clarify the 

Department’s responsibility for Federal asset response and for providing technical assistance to non-Federal entities and critical infrastructure sectors. Additionally, the modified substitute amendment authorizes the Department to use private sector cybersecurity 

specialists, upon notice and approval of the Secretary, on cyber incident and response teams. The Committee adopted the amendment as modified and ordered the bill, as amended, reported favorably, both by voice vote. Senators present for both the vote on the 

modified amendment and the vote on the underlying bill were: 

Johnson, Portman, Lankford, Enzi, Hoeven, McCaskill, Carper, 

Heitkamp, Peters, Hassan, Harris, and Jones. 

IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED

Section 1. Short title 

This section provides the bill’s short title, the ‘‘DHS cyber Incident Response Teams Act of 2018.’’ 

Section 2. Department of Homeland Security cyber hunt incident response teams 

Subsection (a) amends the Homeland Security Act to allow DHS 

to include private sector cybersecurity specialists in the composition of entities and persons at the NCCIC, as well as members of 

cyber hunt and incident response teams. 

The subsection further authorizes the NCCIC to maintain cyber 

hunt and incident response teams to provide assistance upon request for specific purposes. The legislation authorizes the teams to 

provide cybersecurity response and technical assistance, upon request, to Federal and non-Federal entities. The types of assistance 

can include, ‘‘restoring services following a cyber incident’’; ‘‘identification of cybersecurity risk and unauthorized cyber activity’’; 

‘‘mitigation strategies to prevent, deter, and protect against cybersecurity risks’’; and ‘‘recommendations to asset owners and operators for improving overall network and control systems security to 

lower cybersecurity risks’’. 

This subsection requires the NCCIC to assess and evaluate cyber 

incident response teams and their operations using ‘‘robust 

metrics.’’ The subsection also requires NCCIC to submit a report to 

Congress annually for the first four fiscal years following the legislation’s enactment. The annual report should reflect the assessment, evaluation, and robust metrics obtained by DHS and the 

NCCIC. 

Subsection (b) states that no additional funds are authorized by 

the legislation. 

5 

V. EVALUATION OF REGULATORY IMPACT

Pursuant to the requirements of paragraph 11(b) of rule XXVI of 

the Standing Rules of the Senate, the Committee has considered 

the regulatory impact of this bill and determined that the bill will 

have no regulatory impact within the meaning of the rules. The 

Committee agrees with the Congressional Budget Office’s statement that the bill contains no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandates Reform Act 

(UMRA) and would impose no costs on state, local, or tribal governments. 

VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, October 9, 2018. 

Hon. RON JOHNSON, 

Chairman, Committee on Homeland Security and Governmental 

Affairs, U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 3309, 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. 

S. 3309—DHS Cyber Incident Response Teams Act of 2018 

S. 3309 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 nonfederal entities affected by malicious cyber activity. 

S. 3309 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 implementing S. 3309 would cost less than $500,000 

over the 2019–2023 period; such spending would be subject to the 

availability of appropriated funds. 

Enacting S. 3309 would not affect direct spending or revenues; 

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

CBO estimates that enacting S. 3309 would not increase net direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2029. 

S. 3309 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

On March 15, 2018, CBO transmitted a cost estimate for H.R. 

5074, the DHS Cyber Incident Response Teams Act of 2018, as ordered reported by the House Committee on Homeland Security on 

6 

March 7, 2018. The two pieces of legislation are similar and the estimated budgetary effects are the same. 

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

Budget Analysis. 

VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by S. 3309 as 

reported are shown as follows (existing law proposed to be omitted 

is enclosed in 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 

* * * * * * * 

TITLE II—INFORMATION ANALYSIS AND 

INFRASTRUCTURE PROTECTION 

* * * * * * * 

Subtitle B—Critical Infrastructure Information 

* * * * * * * 

SEC. 227. NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION CENTER. 

* * * * * * * 

(a) * * * 

* * * * * * * 

(d) COMPOSITION.— 

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

(A) * * * 

(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; 

* * * * * * * 

(e) * * * 

(f) CYBER HUNT AND INCIDENT RESPONSE TEAMS.— 

(1) IN GENERAL.—The Center shall maintain cyber hunt and 

incident response teams for the purpose of leading Federal asset 

response activities and providing timely technical assistance to 

Federal and non-Federal entities, including across all critical 

infrastructure sectors, regarding actual or potential security incidents, as appropriate and upon request, including— 

(A) assistance to asset owners and operators in restoring 

services following a cyber incident; 

7 

(B) identification and analysis 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; and 

(E) such other capabilities as the Secretary determines 

appropriate. 

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

and the operations of those cyber hunt and incident response 

teams using robust metrics. 

(3) REPORT.—At the conclusion of each of the first 4 fiscal 

years after the date of the enactment of the DHS Cyber Incident 

Response Teams Act of 2018, the Center 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 that includes— 

(A) information relating to the metrics used for evaluation and assessment of the cyber hunt and incident response teams and operations under paragraph (2), including the resources and staffing of those cyber hunt and incident response teams; and 

(B) for the period covered by the report— 

(i) the total number of incident response requests received; 

(ii) the number of incident response tickets opened; 

and 

(iii) a statement of— 

(I) all interagency staffing of cyber hunt and incident response teams; and 

(II) the interagency collaborations established to 

support cyber hunt and incident response teams. 

(4) CYBERSECURITY SPECIALISTS.—After notice to, and with 

the approval of, the entity requesting action by or technical assistance from the Center, the Secretary may include cybersecurity specialists from the private sector on a cyber hunt and incident response team. 

øf¿(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. 

øg¿(h) AUTOMATED INFORMATION SHARING.— 

* * * * * * * 

8 

øh¿(i) VOLUNTARY INFORMATION SHARING PROCEDURES.— 

* * * * * * * 

øi¿(j) DIRECT REPORTING.— * * * 

øj¿(k) REPORTS ON INTERNATIONAL COOPERATION.—* * * 

øk¿(l) OUTREACH.— * * * 

* * * * * * * 

øl¿(m) CYBERSECURITY OUTREACH.— 

* * * * * * * 

øm¿(n) COORDINATED VULNERABILITY DISCLOSURE.— * * * 

* * * * * * * 

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