June 25, 2018: Congressional Record publishes “DHS INDUSTRIAL CONTROL SYSTEMS CAPABILITIES ENHANCEMENT ACT OF 2018”

June 25, 2018: Congressional Record publishes “DHS INDUSTRIAL CONTROL SYSTEMS CAPABILITIES ENHANCEMENT ACT OF 2018”

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Volume 164, No. 106 covering the 2nd Session of the 115th Congress (2017 - 2018) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“DHS INDUSTRIAL CONTROL SYSTEMS CAPABILITIES ENHANCEMENT ACT OF 2018” mentioning the U.S. Dept. of Commerce was published in the House of Representatives section on pages H5630-H5632 on June 25, 2018.

The Department includes the Census Bureau, which is used to determine many factors about American life. Downsizing the Federal Government, a project aimed at lowering taxes and boosting federal efficiency, said the Department is involved in misguided foreign trade policies and is home to many unneeded programs.

The publication is reproduced in full below:

DHS INDUSTRIAL CONTROL SYSTEMS CAPABILITIES ENHANCEMENT ACT OF 2018

Mr. BACON. Mr. Speaker, I move to suspend the rules and pass the bill

(H.R. 5733) to amend the Homeland Security Act of 2002 to provide for the responsibility of the National Cybersecurity and Communications Integration Center to maintain capabilities to identify threats to industrial control systems, and for other purposes, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows:

H.R. 5733

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``DHS Industrial Control Systems Capabilities Enhancement Act of 2018''.

SEC. 2. CAPABILITIES OF NATIONAL CYBERSECURITY AND

COMMUNICATIONS INTEGRATION CENTER TO IDENTIFY

THREATS TO INDUSTRIAL CONTROL SYSTEMS.

(a) In General.--Section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148) is amended--

(1) in subsection (e)(1)--

(A) in subparagraph (G), by striking ``and'' after the semicolon;

(B) in subparagraph (H), by inserting ``and'' after the semicolon; and

(C) by adding at the end the following new subparagraph:

``(I) activities of the Center address the security of both information technology and operational technology, including industrial control systems;'';

(2) by redesignating subsections (f) through (m) as subsections (g) through (n), respectively; and

(3) by inserting after subsection (d) the following new subsection:

``(f) Industrial Control Systems.--The Center shall maintain capabilities to identify and address threats and vulnerabilities to products and technologies intended for use in the automated control of critical infrastructure processes. In carrying out this subsection, the Center shall--

``(1) lead, in coordination with relevant sector specific agencies, Federal Government efforts to identify and mitigate cybersecurity threats to industrial control systems, including supervisory control and data acquisition systems;

``(2) maintain cross-sector incident response capabilities to respond to industrial control system cybersecurity incidents;

``(3) provide cybersecurity technical assistance to industry end-users, product manufacturers, and other industrial control system stakeholders to identify and mitigate vulnerabilities;

``(4) collect, coordinate, and provide vulnerability information to the industrial control systems community by, as appropriate, working closely with security researchers, industry end-users, product manufacturers, and other industrial control systems stakeholders; and

``(5) conduct such other efforts and assistance as the Secretary determines appropriate.''.

(b) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, and every 6 months thereafter during the subsequent four-year period, the National Cybersecurity and Communications Integration Center shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a briefing on the industrial control systems capabilities of the Center under subsection (f) of section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148), as added by subsection (a).

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Nebraska (Mr. Bacon) and the gentleman from Rhode Island (Mr. Langevin) each will control 20 minutes.

The Chair recognizes the gentleman from Nebraska.

General Leave

Mr. BACON. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on the bill under consideration.

The SPEAKER pro tempore. Is there objection to the request of the gentleman from Nebraska?

There was no objection.

Mr. BACON. Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise today in support of H.R. 5733, the DHS Industrial Control Systems Capabilities Enhancement Act of 2018.

Industrial control systems are the critical interface between digital controls and a physical process. These systems are ubiquitous in our modern society and are utilized in all 16 sectors of our Nation's critical infrastructure.

Whether they are used in managing the operations of electric power generators, water treatment facilities, medical devices, manufacturing facilities, or transportation networks, disruptions or damage to these systems have the potential to cause catastrophic and cascading consequences to our Nation's national security, our economic security, and our public health and safety.

The Department of Homeland Security's National Cybersecurity and Communications Integration Center, or NCCIC, has a key role in addressing the security of both information technology and operational technology, including the industrial control systems.

DHS, through the NCCIC, currently provides operators of industrial control systems across critical infrastructure sectors with support. They do this with malware and vulnerability analysis, incident response, and briefings on emerging threats and vulnerabilities.

H.R. 5733 codifies DHS' current role and directs them to maintain existing capabilities to identify and address threats and vulnerabilities to products and technologies intended for use in automated control of critical infrastructure processes. This legislation also supports DHS' function to secure ICS technologies by allowing NCCIC to provide cybersecurity technical assistance to ICS end users, product manufacturers, and other stakeholders to mitigate and identify vulnerabilities.

DHS operates a central hub for ICS information exchange, technical expertise, operational partnerships, and ICS-focused cybersecurity capabilities. Mr. Speaker, I urge my colleagues to support H.R. 5733 to codify the work that DHS performs in mitigating industrial control system vulnerabilities, while ensuring that private industry has a permanent place for assistance to address cybersecurity risks.

I want to thank Chairman McCaul and Chairman Ratcliffe for their support of this legislation, as well as Congressman Langevin for his amendment in committee. This is a bipartisan effort.

Mr. Speaker, I reserve the balance of my time.

Mr. LANGEVIN. Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in support of H.R. 5733, the DHS Industrial Control Systems Capabilities Enhancement Act. H.R. 5733 would codify the Department of Homeland Security's role in leading Federal efforts to secure industrial control systems.

I want to commend the gentleman from Nebraska (Mr. Bacon) for his hard work on this legislation. I have enjoyed collaborating with him on it, and I am grateful for his support and his support of the amendment that I offered in committee to make the act, I think, even better.

Mr. Speaker, we depend on control systems to deliver basic necessities like clean water, a steady energy supply, reliable transportation systems, and medical care.

This is not a new role for DHS, which has been working on control system security since 2004. However, enactment of H.R. 5733 will help provide clarity to DHS and its Federal partners at a critical moment in our Nation's history.

Cyber threats, Mr. Speaker, to critical infrastructure have never been greater, yet leadership from the White House is dangerously lacking. Over the past few months, we have seen top cyber officials at the White House leave, resign, or, in the case of the Cybersecurity Coordinator, have the position eliminated altogether.

What is more, the President appears to be making major foreign policy decisions with little, if any, regard for cybersecurity. The President ignored warnings from the intelligence community about Chinese telecom company ZTE when, in May, he directed the Commerce Department, by tweet, to save this habitual sanctions offender. The same month, the news broke that the Chinese Government had hacked into the networks of a U.S. Navy contractor and syphoned off sensitive military data.

This month, DHS officials reported that the North Korean Government is ramping up its cyber intrusions on critical infrastructure in the U.S. and around the world.

With respect to Russia, we know that the Kremlin has the capability to turn off the lights with a cyber intrusion, as it has done in Ukraine. We also know that Russia has been able to successfully infiltrate the networks of a wide range of U.S. critical infrastructure operators, including power plants.

DHS, through the National Cybersecurity and Communications Integration Center, or the NCCIC, provides critical infrastructure owners and operators with valuable cyber assistance and resources to help secure their systems. The NCCIC, and specifically the Industrial Control Systems Computer Emergency Response Team, or ICS-CERT, has longstanding relationships with critical infrastructure stakeholders and the expertise to help owners and operators harden their defenses.

Expertise in operational technology, or OT, cybersecurity is even harder to come by than the more traditional information and communications technology, or ICT, space, and all of my colleagues know how much of a workforce challenge we are facing there.

Congress is wise to recognize the amazing resource we have in ICS-

CERT by formally authorizing it with Mr. Bacon's bill. Security solutions in the ICT space do not always map well onto operational technology, and being conversant in the nuances is essential if we are to protect the systems that we so heavily rely on.

During the committee consideration, I was also proud to offer an amendment to codify ICS-CERT's coordinated vulnerability disclosure program that ensures ICS vulnerabilities can be reported securely, promptly, and responsibly. Through this program, manufacturers are assured of a chance to patch vulnerabilities before they are publicly announced, and security researchers are assured that their voices will be heard.

ICS-CERT is to be commended for running a progressive program that recognizes that most security researchers want to help make the internet and the scary devices that connect to it a safer place. The coordinated vulnerability program does just that by helping critical infrastructure owners and operators who receive notices from ICS-CERT about discovered vulnerabilities and effective patches before malicious actors have a chance to exploit any flaws. Mr. Speaker, this bill would empower ICS-CERT to carry out this mission fully and effectively.

Mr. Speaker, I want to again commend the gentleman for his work on this important piece of legislation. I urge my colleagues to support the measure.

Mr. Speaker, I reserve the balance of my time.

Mr. BACON. Mr. Speaker, I just want to say it has been a pleasure working with Mr. Langevin not only on the Homeland Security Committee, but also on the Armed Services Committee. We have partnered on quite a few things, and it is wonderful to make a difference with him.

Mr. Speaker, I reserve the balance of my time.

Mr. LANGEVIN. Mr. Speaker, I yield myself the balance of my time.

Mr. Speaker, there is no question that industrial control systems are a high-value target for our adversaries. Critical infrastructure owners and operators use these systems to deliver the services that underpin our day-to-day lives, and destruction to one of those systems could have tremendous economic ramifications or could even be the difference between life and death.

We know that our adversaries--most notably Russia, China, Iran, and North Korea--have all targeted U.S. critical infrastructure and the operational technology employed across these sectors. Mr. Speaker, it is important that we solidify DHS' longstanding leadership role in securing critical infrastructure, particularly with respect to industrial control systems.

It has been a pleasure working with my colleague Mr. Bacon, the gentleman from Nebraska, on this bill. I deeply appreciate both his service to the country as well as his contributions both on the Armed Services Committee and on the Homeland Security Committee. Likewise, it has been a pleasure working with him over these years.

Mr. Speaker, I encourage my colleagues to support H.R. 5733, and I yield back the balance of my time.

Mr. BACON. Mr. Speaker, I yield myself the balance of my time.

Mr. Speaker, first, I again want to thank my colleague from Rhode Island for his partnership on this, and his comments were absolutely right. The Russians and the Chinese are both working to be able to attack our energy grid, among other parts of our infrastructure, and we need to be prepared. And it doesn't start on day one of a war. It starts now, when we have the time to prepare.

The next December 7 will not be like Pearl Harbor with aircraft and torpedoes and bombs coming to attack our Pacific Fleet. It is going to be preceded by a cyber attack that is going to try to shut down our energy grid and other parts of our infrastructure, and the time to prepare is now. This bill starts that process, or continues that process, so that we are prepared.

Mr. Speaker, I urge my colleagues to support this bill, and I yield back the balance of my time.

____________________

SOURCE: Congressional Record Vol. 164, No. 106

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