On October 10, 2018, the U.S. Senate Homeland Security and Governmental Affairs Committee held a hearing entitled “Threats to the Homeland,” with Federal Bureau of Investigation (“FBI”) Director Christopher Wray, Department of Homeland Security (“DHS”) Secretary Kristjen Nielsen, and National Counterterrorism Center Acting Director Russell Travers testifying before the Committee. The purpose of the hearing was to examine existing and future threats to U.S. homeland security, focusing on the four priority areas identified by the Committee, including cybersecurity.
In their opening remarks, both Chairman Ron Johnson (R-WI) and Ranking Member Claire McCaskill (D-MO) expressed their continued concerns with the federal government’s ability to detect and defend against cyber threats. Senator Johnson referenced a recent Office of Management and Budget (“OMB”) report that “found that federal agencies do not possess or properly deploy capabilities to detect or prevent intrusions, or minimize the impact of intrusions when they occur.” Referring to the testimony of previous hearing witness, Senator McCaskill stated, “this new era is akin to cyber trench warfare.”
DHS Secretary Nielsen echoed these concerns in her own testimony, noting that, “cyber attacks now exceed the risk of physical attacks,” and referenced a report by research and market intelligence firm Cybersecurity Ventures estimating that, by 2021, cybercrime will result in $6 trillion in damages annually. In addition to describing the most pressing cyber threats, Secretary Nielsen outlined the key elements of various DHS cybersecurity initiatives, highlighting DHS’s efforts to collaborate with private industry stakeholders. Specifically, Secretary Nielsen highlighted the launch of the DHS National Risk Management Center, which “will serve as the central hub for government and private sector partners to share information and to better secure the digital ecosystem together.” Secretary Nielsen also thanked the Committee for its recent efforts in securing Senate passage of legislation to establish a Cybersecurity and Infrastructure Security Agency (“CISA”) within DHS. Currently, DHS’s National Protection and Programs Directorate (“NPPD”) is responsible for overseeing federal cybersecurity operations. Under the legislation, which is expected to come before the House for final passage during Congress’ anticipated “lame-duck” session following the November elections, CISA would serve as the lead operational agency responsible for federal cybersecurity and infrastructure protection efforts.
FBI Director Wray’s testimony also focused on cybersecurity threats and the Bureau’s recent response efforts. Director Wray highlighted the work of the recently established FBI Foreign Influence Task Force, which is focused, in part, on “building even stronger relationships with technology companies through classified briefings and the sharing of actionable intelligence, so that they can better secure their networks, products and platforms.”
While Members questioned the hearing witnesses on a broad range of national security issues, it was clear that the Committee remains very much focused on the threat of cyber-attacks from both nation states and private actors, particularly with respect to public and supply chain infrastructure vulnerabilities. Furthermore, it appears that current Administration and Congressional efforts in this space will provide additional opportunities for engagement and input from private sector stakeholders.
We will continue to monitor the Committee’s activities on these issues and provide updates on any significant developments.
