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+[House Hearing, 116 Congress] +[From the U.S. Government Publishing Office] + + + + + + + + SECURING U.S. SURFACE TRANSPORTATION FROM CYBER ATTACKS + +======================================================================= + + JOINT HEARING + + before the + + SUBCOMMITTEE ON TRANSPORTATION AND MARITIME SECURITY + + and the + + SUBCOMMITTEE ON CYBERSECURITY, + INFRASTRUCTURE PROTECTION, + AND INNOVATION + HOUSE OF REPRESENTATIVES + + ONE HUNDRED SIXTEENTH CONGRESS + + FIRST SESSION + + __________ + + FEBRUARY 26, 2019 + + __________ + + Serial No. 116-2 + + __________ + + Printed for the use of the Committee on Homeland Security + + + + + + +[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] + + + + + Available via the World Wide Web: http://www.govinfo.gov/ + + __________ + + + U.S. GOVERNMENT PUBLISHING OFFICE + +35-378 PDF WASHINGTON : 2019 + + + + + + + + + + + + + + + + + + + + + + + + + + COMMITTEE ON HOMELAND SECURITY + + Bennie G. Thompson, Mississippi, Chairman +Sheila Jackson Lee, Texas Mike Rogers, Alabama +James R. Langevin, Rhode Island Peter T. King, New York +Cedric L. Richmond, Louisiana Michael T. McCaul, Texas +Donald M. Payne, Jr., New Jersey John Katko, New York +Kathleen M. Rice, New York John Ratcliffe, Texas +J. Luis Correa, California Mark Walker, North Carolina +Xochitl Torres Small, New Mexico Clay Higgins, Louisiana +Max Rose, New York Debbie Lesko, Arizona +Lauren Underwood, Illinois Mark Green, Tennessee +Elissa Slotkin, Michigan Van Taylor, Texas +Emanuel Cleaver, Missouri John Joyce, Pennsylvania +Al Green, Texas Dan Crenshaw, Texas +Yvette D. Clarke, New York Michael Guest, Mississippi +Dina Titus, Nevada +Bonnie Watson Coleman, New Jersey +Nanette Diaz Barragan, California +Val Butler Demings, Florida + Hope Goins, Staff Director + Chris Vieson, Minority Staff Director + ------ + + SUBCOMMITTEE ON TRANSPORTATION AND MARITIME SECURITY + + J. Luis Correa, California, Chairman +Emanuel Cleaver, Missouri Debbie Lesko, Arizona, Ranking +Dina Titus, Nevada Member +Bonnie Watson Coleman, New Jersey John Katko, New York +Nanette Diaz Barragan, California John Ratcliffe, Texas +Val Butler Deming, Florida Mark Green, Tennessee +Bennie G. Thompson, Mississippi (ex Mike Rogers, Alabama (ex officio) + officio) + Alex Marston, Subcommittee Staff Director + Kyle Klein, Minority Subcommittee Staff Director + ------ + + SUBCOMMITTEE ON CYBERSECURITY, INFRASTRUCTURE PROTECTION, AND + INNOVATION + + Cedric L. Richmond, Louisiana, Chairman +Sheila Jackson Lee, Texas John Katko, New York, Ranking +James R. Langevin, Rhode Island Member +Kathleen M. Rice, New York John Ratcliffe, Texas +Lauren Underwood, Illinois Mark Walker, North Carolina +Elissa Slotkin, Michigan Van Taylor, Texas +Bennie G. Thompson, Mississippi (ex Mike Rogers, Alabama (ex officio) + officio) + Moira Bergin, Subcommittee Staff Director + Sarah Moxley, Minority Subcommittee Staff Director + + + + + + + + + + + + + + + + + + + + + + C O N T E N T S + + ---------- + Page + + STATEMENTS + +The Honorable J. Luis Correa, a Representative in Congress From + the State of California, and Chairman, Subcommittee on + Transportation and Maritime Security: + Oral Statement................................................. 1 + Prepared Statement............................................. 2 +The Honorable Debbie Lesko, a Representative in Congress From the + State of Arizona, and Ranking Member, Subcommittee on + Transportation and Maritime Security: + Oral Statement................................................. 3 + Prepared Statement............................................. 5 +The Honorable Cedric L. Richmond, a Representative in Congress + From the State of Lousiana, and Chairman, Subcommittee on + Cybersecurity, Infrastructure Protection, and Innovation: + Oral Statement................................................. 8 + Prepared Statement............................................. 9 +The Honorable John Katko, a Representative in Congress From the + State of New York, and Ranking Member, Subcommittee on + Cybersecurity, Infrastructure Protection, and Innovation: + Prepared Statement............................................. 3 +The Honorable Bennie G. Thompson, a Representative in Congress + From the State of Mississippi, and Chairman, Committee on + Homeland Security: + Oral Statement................................................. 6 + Prepared Statement............................................. 7 +The Honorable Sheila Jackson Lee, a Representative in Congress + From the State of Texas: + Prepared Statement............................................. 11 + + WITNESSES + Panel I + +Mr. Robert Kolasky, Director, National Risk Management Center, + Cybersecurity and Infrastructure Security Agency, U.S. + Department of Homeland Security: + Oral Statement................................................. 13 + Prepared Statement............................................. 15 +Ms. Sonya T. Proctor, Director, Surface Division, Office of the + Security Policy and Industry Engagement, Transportation + Security Administration: + Oral Statement................................................. 19 + Prepared Statement............................................. 20 + + Panel II + +Mr. James A. Lewis, Senior Vice President, Center for Strategic + and International Studies: + Oral Statement................................................. 38 + Prepared Statement............................................. 39 +Ms. Rebecca Gagliostro, Director, Security, Reliability, and + Resilience, Interstate Natural Gas Association of America: + Oral Statement................................................. 42 + Prepared Statement............................................. 44 +Mr. Erik Robert Olson, Vice President, Rail Security Alliance: + Oral Statement................................................. 46 + Prepared Statement............................................. 49 +Mr. John Hultquist, Director of Intelligence Analysis, FireEye: + Oral Statement................................................. 53 + Prepared Statement............................................. 54 + + + SECURING U.S. SURFACE TRANSPORTATION FROM CYBER ATTACKS + + ---------- + + + Tuesday, February 26, 2019 + + U.S. House of Representatives, + Subcommittee on Transportation and Maritime + Security, and the + Subcommittee on Cybersecurity, Infrastructure Protection + and Innovation, + Committee on Homeland Security, + Washington, DC. + The subcommittees met, pursuant to notice, at 10:03 a.m., +in room 310, Cannon House Office Building, Hon. J. Luis Correa +[Chairman of the Subcommittee on Transportation and Maritime +Security] presiding. + Present: Representatives Correa, Richmond, Cleaver, Jackson +Lee, Langevin, Watson Coleman, Rice, Barragan, Underwood, +Slotkin, Lesko, Walker, and Taylor. + Also present: Representative Thompson. + [Editor's Note.--Due to technical difficulties, audible +portions of this transcript were not recorded and those +instances have been marked accordingly.] + Mr. Correa. Good morning everyone. Seeing the time of 10:05 +having arrived, I would like to gavel down and chair--and call +the Subcommittees on Transportation and Maritime Security, and +Cybersecurity, Infrastructure Protection, and Innovation, to +order. + Today's hearing marks the first hearing of this Congress +for the Subcommittee on Transportation and Maritime Security. I +am excited to be chairing this subcommittee in this Congress +and to be joined by our Ranking Member, Congresswoman Lesko +from Arizona; I understand she is getting snow in Arizona, that +is---- + Mrs. Lesko. Right, that is--we were. It was crazy---- + Mr. Correa. You were? + Mrs. Lesko. In Phoenix. + Mr. Correa. Save the water. + We have a great panel of distinguished Members on both +sides of the aisle and I look forward to working with all of +you to tackle the security challenges facing the transportation +and maritime sectors. + I am glad to hold our first hearing, jointly with the +Cybersecurity Subcommittee, and its leaders, Chairman Richmond, +and Ranking Member Katko, who, Mr. Katko, unfortunately is not +able to join us today. + I am also happy to welcome our two panels today of +witnesses and I look forward to your testimony. + We are here today to discuss a very important topic: +Cybersecurity in our Nation's mass transit, rail, pipeline, and +other surface transportation systems. Cyber threats are a +growing concern for security experts across many sectors and +the surface transportation sector is no different. Millions of +Americans, we rely on surface transportation every day and an +attack against a large subway system or pipeline could have +hugely negative effects on all of us. + Government and industry have both struggled to address +cyber threats which have evolved quickly and have become more +and more complex and I believe DHS is well-positioned to lead +cybersecurity in the efforts across critical infrastructure +sectors including the surface transportation sector. + Last year, Congress established a Cybersecurity +Infrastructure and Security Agency, or CISA, making clear its +status as the preeminent Cybersecurity Agency within the +Federal Government. CISA works closely with TSA which is +responsible for securing all modes of transportation. In +December 2018 working with CISA, TSA released a Cybersecurity +Roadmap that sets priorities for securing transportation from +cyber threats. + The Roadmap is an important first step in the right +direction, but it has to be followed by concrete action. In +coordination with CISA, TSA must ensure owners and operators +have access to the resources, intelligence, guidelines, and +assessments needed to ensure the cybersecurity of their systems +is as good as it can get. + Government and industry stakeholders together must also +address supply chain security concerns. We must make sure that +surface transportation systems are not made vulnerable to cyber +espionage due to unchecked foreign manufacturing of subways +[inaudible] some have questioned whether DHS has paid enough +attention to Pipeline security and have raised the idea of +moving the responsibility from securing pipelines to another +department and Ms. Proctor I do hope you address that issue +during your comments [inaudible] because it would go against +the reasons Congress established DHS, TSA, and CISA. + Only DHS has the scope of authorities and access to +intelligence needed to address cyber threats across critical +infrastructure sectors. DHS has made significant progress in +securing pipelines, including recent updates of TSA's Pipeline +Security Guidelines and it should be allowed to build upon +these on-going efforts. + This hearing provides a great opportunity to discuss the +work of both Government and the private sector to ensure all +modes of transportation are secure from cyber threats and I +look forward to a very productive conversation. + [The statement of Chairman Correa follows:] + Statement of Chairman J. Luis Correa + February 26, 2019 + We have a great panel of distinguished Members on both sides of the +aisle, and I look forward to working with you all to tackle the +security challenges facing the transportation and maritime sectors. I +am glad to hold our first hearing jointly with the Cybersecurity +Subcommittee and its leaders, Chairman Richmond and Ranking Member +Katko. I am also happy to welcome our two panels of witnesses today. We +look forward to your testimony. + We are here today to discuss an important topic: The cybersecurity +of our Nation's mass transit, rail, pipeline, and other surface +transportation systems. Cyber threats are a growing concern for +security experts across many sectors--and the surface transportation +sector is no different. Millions of Americans rely on surface +transportation every day for critical services, and an attack against a +large subway system or pipeline could have a hugely negative impact. + Government and industry have both struggled to address cyber +threats, which are evolving quickly and becoming more complex. However, +I believe DHS is well-positioned to lead cybersecurity efforts across +critical infrastructure sectors, including the surface transportation +sector. + Last year, Congress established the Cybersecurity and +Infrastructure Security Agency, or CISA, making clear its status as the +preeminent cybersecurity agency within the Federal Government. To +secure surface transportation from cyber attacks, CISA works closely +with TSA, which is responsible for securing all modes of +transportation. + In December 2018, working with CISA, TSA released a Cybersecurity +Roadmap, which sets priorities for securing transportation from cyber +threats. The publication of this roadmap is an important step in +addressing the cybersecurity of transportation, but it must be followed +by concrete action. + In the surface mode, TSA works collaboratively with the system +owners and operators who provide front-line security at the local +level. In coordination with CISA, TSA must ensure owners and operators +have access to the resources, intelligence, guidelines, and assessments +needed to ensure the cybersecurity of their systems. + Government and industry stakeholders together must also address +supply chain security concerns. We must make sure that surface +transportation systems are not made vulnerable to cyber espionage due +to unchecked foreign manufacturing of subway cars or other +infrastructure. + Finally, some have questioned whether DHS has paid enough attention +to pipeline security and have raised the idea of moving responsibility +for securing pipelines to another department. Doing so would be +foolhardy and go against the reasons Congress established DHS, TSA, and +CISA. Only DHS has the scope of authorities and access to intelligence +needed to address cyber threats across critical infrastructure sectors. + For example, only TSA has authority to issue Security Directives to +require immediate implementation of security measures across or within +modes of transportation in the face of an imminent threat or on-going +attack. + DHS has made significant progress in securing pipelines, including +recent updates to TSA's Pipeline Security Guidelines, and it should be +allowed to build upon its on-going efforts. + This hearing provides a great opportunity to discuss the work of +both Government and private industry to secure all modes of +transportation from cyber threats, and I look forward to a productive +conversation. + + Mr. Correa. Now I would like to recognize the Ranking +Member of the subcommittee, the gentlewoman from Arizona, Mrs. +Lesko, for an opening statement. + Mrs. Lesko. Thank you, Mr. Chairman. + Thank you to all of you that are here today including the +people coming as our testifiers. + First, I would like to ask people to keep Representative +Katko, in your prayers because his father passed away and that +is why he is not here today and so Mr. Chairman, I do ask for +unanimous consent for Representative Katko's statement to be +added to the record. + Mr. Correa. Without objection. + [The statement of Ranking Member Katko follows:] + Statement of Ranking Member John Katko + Thank you, Mr. Chairman, and thank you for holding a hearing on +this important issue. + I am pleased that my first subcommittee hearing as Ranking Member +of the Cybersecurity, Infrastructure Protection, and Innovation +subcommittee is a joint hearing with the subcommittee I was honored to +chair for 4 years. + Our world is increasingly connected. Our phones, computers, cars, +and televisions are only some of the things we use every day that are +vulnerable to a cyber attack that causes disruptions. + But what about those objects that affect our everyday life, that we +either don't see or don't consider them to be vulnerable to cyber +attacks like pipelines that undergird this country's energy sector or +the metro cars we rely on to get us around? + A cyber attack on the industrial control systems for our +operational technology could wreak havoc across our Nation. It is an +attack vector that we must take seriously and work to secure these +technologies from motivated attackers. + Fortunately, we have two partners who are well-equipped to address +these vulnerabilities. TSA brings the expertise about our pipelines and +mass transit systems while CISA is the cyber expert. I want to +reiterate what my colleague, Ranking Member Lesko said in her opening +statement--TSA and CISA are stronger because of their ability to work +together. Their value is made greater by the wealth of resources within +DHS to help surface transportation operators be prepared for the cyber +threats. + As a committee, we must be vigilant in making sure the various +sectors of our economy are protecting their assets from physical and +cyber harm. We cannot allow for those technologies that are +foundational to our livelihood be a tool for a bad actor to launch a +cyber attack. + Thank you to our witnesses for taking the time this morning to +speak on this topic. I look forward to hearing from you. + + Mrs. Lesko. Thank you, Mr. Chairman, and thank you for +holding a hearing today on this very important topic. + TSA has security authorities over America's surface +transportation modes including 6,700 mass transit systems, +passenger and freight rail as well as motor coach in both rural +and urban communities. In addition, pipelines are considered a +mode of surface transportation for natural gas and hazardous +materials. Across the United States, including in my home State +of Arizona, TSA is responsible for securing more than 2\1/2\ +million miles of pipelines carrying natural gas and other +materials that quite literally fuel our economy. + While much progress has been made to provide better +physical security for surface transportation, there remains +growing concerns surrounding the cybersecurity of our Nation's +surface transportation assets. As cyber actors become more +sophisticated and surface transportation systems become +increasingly reliant on computer systems, the vulnerability of +this critical sector grows along with the risks posed by +nefarious actors who may seek to exploit cybersecurity +vulnerabilities to cause service disruptions or conduct +economic espionage. + In general, surface transportation systems utilize a number +of interconnected information systems that, when exposed, +present cybersecurity vulnerabilities. According to the +American Public Transit Association, cyber attacks against +surface transportation operators can destroy an agency's +physical systems, render them inoperable, hand over control of +systems to an outside entity, or threaten the privacy of +individuals or customers. + In the 115th Congress, the Republican Majority worked in a +bipartisan manner to enact the TSA Modernization Act, the +first-ever authorization of TSA since the agency was created in +2001. We also enacted the Cybersecurity and Infrastructure +Security Agency Act of 2018 which created CISA in order to +reform critical security programs within the Department and +better equip DHS to support the cybersecurity of transportation +systems. + Additionally, TSA Administrator Pekoske has worked to +restructure the agency to reflect evolving mission needs. It is +important to note that while threats against our transportation +sector may be evolving, they are not diminishing. Legitimate +concerns have been raised as to the ability of TSA to provide +necessary security for surface transportation assets and +particularly pipelines. + While I believe TSA is best positioned as the Government's +authority on transportation security, it is incumbent upon the +agency to demonstrate its commitment to securing all modes of +transportation. The Department of Homeland Security and its +components must work to mitigate growing cybersecurity threats +and work hand-in-hand with industry partners to promote a +culture of security and keep America's economy fueled and +moving with the public's confidence. + I do look forward to hearing the testimony before us today +and thank you for being here. + I yield back, Mr. Chairman. + [The statement of Ranking Member Lesko follows:] + Statement of Ranking Member Debbie Lesko + February 26, 2019 + TSA has security authorities over America's surface transportation +modes, including 6,700 mass transit systems, passenger and freight +rail, as well as motorcoach, in both rural and urban communities. In +addition, pipelines are considered a mode of surface transportation for +natural gas and hazardous materials. Across the United States, +including in my home State of Arizona, TSA is responsible for securing +more than 2.5 million miles of pipelines carrying natural gas and other +materials that quite literally fuel our economy. + While much progress has been made to provide better physical +security for surface transportation there remains growing concern +surrounding the cybersecurity of our Nation's surface transportation +assets. + As cyber actors become more sophisticated and surface +transportation systems become increasingly reliant on computer systems, +the vulnerability of this critical sector grows, along with the risk +posed by nefarious actors who may seek to exploit cybersecurity +vulnerabilities to cause service disruptions or conduct economic +espionage. + In general, surface transportation systems utilize a number of +interconnected information systems that, when exposed, present +cybersecurity vulnerabilities. According to the American Public Transit +Association, cyber attacks against surface transportation operators can +destroy an agency's physical systems, render them inoperable, hand over +control of systems to an outside entity or threaten the privacy of +individuals or customers. + In the 115th Congress, the Republican Majority worked in a +bipartisan manner to enact the TSA Modernization Act, the first-ever +authorization of TSA since the agency was created in 2001. We also +enacted the Cybersecurity and Infrastructure Security Agency Act of +2018, which created CISA in order to reform critical security programs +within the Department and better equip DHS to support the cybersecurity +of transportation systems. Additionally, TSA Administrator Pekoske has +worked to restructure the agency to reflect evolving mission needs. + It is important to note that while threats against our +transportation sector may be evolving, they are not diminishing. +Legitimate concerns have been raised as to the ability of TSA to +provide necessary security for surface transportation assets, in +particular pipelines. While I believe TSA is best positioned as the +Government's authority on transportation security, it is incumbent upon +the agency to demonstrate its commitment to securing all modes of +transportation. The Department of Homeland Security and its components +must work to mitigate growing cybersecurity threats and work hand-in- +hand with industry partners to promote a culture of security and keep +America's economy fueled and moving with the public's confidence. + + Mr. Correa. Thank you very much. + I will--I would like to recognize the Chair of the +Committee on Homeland Security, Mr. Bennie Thompson, for some +opening remarks, sir. + Mr. Thompson. Thank you very much, Chairman Correa; Ranking +Member Lesko, on your maiden voyage as Ranking Member, welcome. + I would also like to express my sympathies to Ranking +Member Katko on the loss of his father. + But also, this hearing today is very important, the cyber +threats facing the U.S. surface transportation sector. Since +the 9/11 attacks, the U.S. Government has focused on closing +gaps in physical aviation security by Federalizing passenger +and baggage screening, hardening cockpit doors, and deploying +improved screening technologies and training. + In September 2018 the subcommittees held a joint hearing +highlighting the potential harm from important undisclosed +vector cyber threats in aviation. Today we will provide the +same attention to cybersecurity threats to the surface +transportation sector. + With TSA dedicating most of its resources to protecting +aviation, the surface transportation sector including freight +and passenger trains, commuter rails, mass transit, buses, and +pipelines presents relatively a soft target for mass casualty +attacks. We rely on these diverse assets not only for our +shipping and other transports of natural gas, and a host of +other activities essential to the health of our economy and +National security. + In recent years, surface transportation systems overseas +have been hit by terrorist attacks. On our own shores, New York +City's subway was a target of a failed terrorist plot in +December 2017. Given the level of risk to surface +transportation, I am concerned that we have not sufficiently +protected this sector against cyber threats. + To date no cyber attacks have disrupted the actual +operations of surface transportation systems but attacks have +resulted in financial disruption and affected public confidence +in various modes of surface transportation. These small-scale +attacks have shown that a relatively simple intrusion could up +end surface transportation services causing significant harm +and disruption. + Last year Congress established Cybersecurity and +Infrastructure Security Agency or CISA as the operational +agency within the Federal Government [inaudible] on +cybersecurity information sharing. CISA will continue to play a +critical role in providing cybersecurity resources within DHS +including to TSA and to industries, to combat cyber threats to +critical infrastructure. TSA for its part maintains +responsibility for the security of all modes of transportation. +Working together within DHS, CISA and TSA are uniquely +positioned to address cyber threats in transportation. + I would note that DHS's authorities and capabilities across +critical infrastructures' sectors in all modes of +transportation makes it better positioned to secure pipelines +than the Department of Energy, despite some suggestions to the +contrary. + In December 2018, in coordination with CISA, TSA released +its first-ever Cybersecurity Roadmap, providing a vision for +the future of cybersecurity across all modes of transportation, +while DHS is headed in the right direction much work remains. +In many cases surface transportation sector-owners and - +operators struggle with the same cyber challenges that plague +other industries: A National shortage of skilled cybersecurity +personnel; a work force with minimal cybersecurity training and +awareness; and resource constraints across the board. + Finally, at a hearing on surface transportation security, I +would be remiss if I did not point out that TSA remains non- +compliant with requirements to publish surface transportation +security regulations which were enacted over a decade ago in +the Implementation Recommendations of the 9/11 Commission Act +of 2007. + I would like to at some point, Mr. Chairman, hope to get a +response to why we have not had that take place. + With that I yield back. + [The statement of Chairman Thompson follows:] + Statement of Chairman Bennie G. Thompson + February 26, 2019 + Since the 9/11 attacks, the U.S. Government has focused on closing +gaps in physical aviation security by Federalizing passenger and +baggage screening, hardening cockpit doors, and deploying improved +screening technologies and training. + In September 2018, the subcommittees held a joint hearing +highlighting the potential harm from an important, underdiscussed +vector: Cyber threats to aviation. Today, we will provide the same +attention to cybersecurity threats to the surface transportation +sector. + With TSA dedicating most of its resources to protecting aviation, +the surface transportation sector--including freight and passenger +trains, commuter rail, mass transit, buses, and pipelines--presents a +relatively soft target for mass-casualty attacks. We rely on these +diverse assets not only support for our personal and business travel, +but also commercial shipping, the transport of natural gas, and a host +of other activities essential to the health of our economy and National +security. + In recent years, surface transportation systems overseas have been +hit by terrorist attacks. On our own shores, New York City's subway was +the target of a failed terrorist plot in December 2017. Given the level +of risk to surface transportation, I am concerned that we have not +sufficiently protected this sector against cyber threats. + To date, no cyber attacks have disrupted the actual operations of +surface transportation systems, but attacks have resulted in financial +disruption and affected public confidence in various modes of surface +transportation. These small-scale attacks have shown that a relatively +simple intrusion could upend surface transportation services, causing +significant harm and disruption. + Last year, Congress established Cybersecurity and Infrastructure +Security Agency, or CISA, as the operational agency within the Federal +Government charged with serving as the primary civilian interface for +cybersecurity information sharing. CISA will continue to play a +critical role in providing cybersecurity resources within DHS, +including to TSA, and to industry to combat cyber threats to critical +infrastructure. + TSA, for its part, maintains responsibility for the security of all +modes of transportation. + Working together within DHS, CISA, and TSA are uniquely positioned +to address cyber threats to transportation. + I would note that DHS's authorities and capabilities across all +critical infrastructure sectors and all modes of transportation makes +it better positioned to secure pipelines than the Department of Energy, +despite some suggestions to the contrary. + In December 2018, in coordination with CISA, TSA released its +first-ever Cybersecurity Roadmap, providing a vision for the future of +cybersecurity across all modes of transportation. + While DHS is headed in the right direction, much work remains. In +many cases, surface transportation sector owners and operators struggle +with the same cyber challenges that plague other industries: A National +shortage of skilled cybersecurity personnel, a workforce with minimal +cybersecurity training and awareness, and resource constraints across +the board. + Owners and operators must also address supply chain concerns, +including those posed by the emergence of a Chinese state-owned +enterprise manufacturing subway cars for U.S. mass transit systems. +Government and industry must work together to ensure that cyber threats +and vulnerabilities are fully understood and appropriately addressed. + Finally, at a hearing on surface transportation security, I would +be remiss if I did not point out that TSA remains non-compliant with +requirements to publish surface transportation security regulations, +which were enacted over a decade ago in the Implementing +Recommendations of the 9/11 Commission Act of 2007. + The rules required under the law would help TSA to better assess +and address vulnerabilities within the surface transportation sector, +including cybersecurity vulnerabilities. + I look forward to hearing from this panel of witnesses today, and I +hope they will give us a candid assessment of the cybersecurity posture +of our surface transportation sector. + + Mr. Correa. Thank you, Chairman Thompson, for those opening +statements. + Now I would like to recognize the co-Chair of this hearing +today, Mr. Richmond, Chairman of the Cybersecurity, +Infrastructure Protection, and Innovation Subcommittee for an +opening statement. Welcome, sir. + Mr. Richmond. Thank you, Mr. Chairman. + I will recognize the Chairman of the whole--full committee, +Mr. Bennie Thompson, from Mississippi. + I will also join my colleagues in extending my condolences +to Congressman Katko. As a person who has lost two fathers, I +understand what he is going through and we wish him the best. + I want to start by congratulating Congressman Correa, on +becoming Chairman of the Transportation and Maritime Security +Subcommittee. I look forward to working with you to improve the +cybersecurity posture of our transportation infrastructure. + Last fall our subcommittees held a joint hearing to assess +cybersecurity risks to aviation. We learned that cyber threats +to aviation are persistent, that cyber tools can be used to +engage in cyber espionage or undermine confidence in the +aviation industry and that the safety of air travelers requires +us to stay a step ahead of bad actors. + In short, we learned that cybersecurity posture of the +aviation sector is a National security, economic security, and +public safety imperative. The same can be said for the +cybersecurity posture of our surface transportation systems. +Surface transportation includes roads, rail, maritime +facilities, and pipelines and my district is rich in all of +them so I am glad that we are beginning the 116th Congress with +this hearing. + Compared to the aviation sector, surface transportation +receives relatively little in Federal funding to support +security. Outside of the Transit Security Grant Program which +is awarded to public transportation entities and primarily used +to secure against physical threats, surface transportation +owners and operators foot the bill for security themselves. + But the Federal Government is not off the hook, it plays a +critical role in providing the situational awareness, security +assessments, and guidance to stakeholders that inform surface +transportation security investments. + In a decade-and-a-half since it was established, the +Department of Homeland Security has matured its ability to +convene stakeholders, leverage its cross-component expertise, +and share actionable intelligence analysis and guidance to help +address pressing National security challenges. + Whether or not the Federal Government can effectively +partner with stakeholders to secure surface transportation +modes from cyber attacks, rests on DHS's ability to continue to +perform and build on these capabilities. Approximately 125,000 +miles of pipelines valued at 1.9 billion move oil and gas +through Louisiana every day. The industry employs over 2,500 +people in the State; toward that end I was pleased that the +Pipeline Cybersecurity Initiative was one of the first +priorities announced by the new National Risk Management Center +last year and updated Pipeline Security Guidelines were finally +released last March. + I am encouraged that the Department is redoubling its +efforts to improve the cybersecurity of pipelines by enhancing +the in-house collaboration between CISA and TSA, and engaging +with the private sector. + I believe the Pipeline Security Initiative has the +potential to provide a more comprehensive understanding of the +unique cybersecurity risks to pipelines, particularly as the +sector relies more on the industrial internet of things; that +knowledge will empower stakeholders to address cybersecurity +risks more strategically. Although the Initiative was first +announced as one of the NRMC's initial sprint, I hope that it +will evolve into a more permanent collaboration. + I am concerned however that the updated Pipeline Security +Guidelines do not address supply chain risk management; +moreover I would be interested to know how TSA is implementing +the 10 recommendations the Government Accountability Office +made in December related to its management of Pipeline Security +Program. The safety of my community and the economy of my +district depends on DHS getting this mission right. + I would be remiss if I did not also raise my concerns about +the cybersecurity posture of both passenger and freight rail, +particularly as passenger rail cars incorporate automatic train +control, network and train-line control and monitoring and +diagnostics, among other technologies. + Last month I read a troubling report of a Chinese rail +company significantly under-bidding competitors to win transit +rail contracts in four major markets. I am aware of China's +political and economic ambitions. The intelligence community +and Congress have been clear in cautioning against the use of +Chinese telecommunications products. + But it is unclear to me whether the Federal Government has +assessed what, if any additional cybersecurity threat is posed +by contracting with a Chinese company to purchase railcars with +advanced technologies. It is also unclear whether the Federal +Government is providing any guidance to local transit +authorities to ensure cybersecurity is incorporated into their +procurement process. + I look forward to discussing these issues with the +witnesses today and I yield back the balance of my time. + [The prepared statement of Chairman Richmond follows:] + Statement of Chairman Cedric Richmond + February 26, 2019 + Last fall, our subcommittees held a joint hearing to assess +cybersecurity risks to aviation. We learned that cyber threats to +aviation are persistent, that cyber tools can be used to engage in +cyber espionage or undermine confidence in the aviation industry, and +that the safety of air travelers requires us to stay a step ahead of +bad actors. + In short, we learned that the cybersecurity posture of the aviation +sector is a National security, economic security, and public safety +imperative. The same can be said for the cybersecurity posture of our +surface transportation systems. + Surface transportation includes roads, rail, maritime facilities, +and pipelines, and my district is rich in all of them, so I'm glad we +are beginning the 116th Congress with this hearing. Compared to the +aviation sector, surface transportation receives relatively little in +Federal funding to support security. + Outside of the Transit Security Grant Program--which is awarded to +public transportation entities and primarily used to secure against +physical threats--surface transportation owners and operators foot the +bill for security themselves. + But the Federal Government is not off the hook. It plays a critical +role in providing the situational awareness, security assessments, and +guidance to stakeholders that inform surface transportation security +investments. + In the decade-and-a-half since it was established, the Department +of Homeland Security has matured its ability to convene stakeholders, +leverage its cross-component expertise, and share actionable +intelligence analysis and guidance to help address pressing National +security challenges. + Whether or not the Federal Government can effectively partner with +stakeholders to secure surface transportation modes from cyber attacks +rests on DHS's ability to continue to perform and build on these +capabilities. + Approximately 125,000 miles of pipelines--valued at $1.9 billion-- +move oil and gas through Louisiana every day. The industry employs over +2,500 people in the State. Toward that end, I was pleased that the +Pipeline Cybersecurity Initiative was one of the first priorities +announced by the new National Risk Management Center last year and the +updated Pipeline Security Guidelines were finally released last March. +I am encouraged that the Department is redoubling its efforts to +improve the cybersecurity of pipelines by enhancing the in-house +collaboration between CISA and TSA and engaging with the private +sector. + I believe the Pipeline Cybersecurity Initiative has the potential +to provide a more comprehensive understanding of the unique +cybersecurity risks to pipelines, particularly as the sector relies +more on the industrial internet of things. That knowledge will empower +stakeholders to address cybersecurity risks more strategically. +Although the Initiative was first announced as one of the NRMC's +initial ``sprint,'' I hope that it will evolve into a more permanent +collaboration. I am concerned, however, that the updated Pipeline +Security Guidelines do not address supply chain risk management. + Moreover, I will be interested to know how TSA is implementing the +10 recommendations the Government Accountability Office made in +December related to its management of the Pipeline Security Program. +The safety of my community and the economy of my district depend on DHS +getting this mission right. + I would be remiss if I did not also raise my concerns about the +cybersecurity posture of both passenger and freight rail, particularly +as passenger rail cars incorporate automatic train control, network and +trainline control, and monitoring and diagnostics, among other +technologies. Last month, I read troubling reports of a Chinese rail +company significantly underbidding competitors to win transit rail +contracts in four major markets. + I am aware of China's political and economic ambitions. The +intelligence community and Congress have been clear in cautioning +against the use of Chinese telecommunications products. + But it is unclear to me whether the Federal Government has assessed +what, if any, additional cybersecurity threat is posed by contracting +with a Chinese company to purchase rail cars with advanced +technologies. + It is also unclear whether the Federal Government is providing any +guidance to local transit authorities to ensure cybersecurity is +incorporated into their procurement processes. + I look forward to discussing these issues with the witnesses and I +yield back the balance of my time. + + Mr. Correa. Thank you, Chairman Richmond. I also would like +to congratulate you on your Chairmanship; I look forward to +working with you as well. + Other Members of the subcommittee are reminded that under +the committee rules, opening statements may be submitted for +the record. + [The statement of Honorable Jackson Lee follows:] + Statement of Honorable Sheila Jackson Lee + Good morning Chairman Correa and Chairman Richmond, Ranking Member +Lesko and Ranking Member Katko, for convening today's joint hearing on +``Securing U.S. Surface Transportation From Cyber Attacks.'' + At the outset, let me congratulate Chairman Correa and Chairman +Richmond on your elections to lead the Homeland Security Subcommittees +on Transportation and Maritime Security and Cybersecurity, +Infrastructure Protection and Innovation Committee, respectively. + I look forward to continuing to work with each of you along with +returning Members of the committee and welcome an outstanding group of +new Members on both sides of the aisle, whom I trust will find the +important work advanced by this committee as fulfilling and rewarding +as I have since joining it as its inception. + Today's witnesses: +Panel I +Mr. Bob Kolasky, director, National Risk Management Center, + Cybersecurity and Infrastructure Security Agency, U.S. + Department of Homeland Security; + Sonya T. Proctor, director, Surface Division, Office of + Security Policy and Industry Engagement, Transportation + Security Administration. +Panel II + Ms. Rebecca Gagliostro, director, security, reliability, and + resilience, Interstate Natural Gas Association of America; + James A. Lewis, senior vice president, Center for Strategic + and International Studies; + Erik Robert Olson, vice president, Rail Security Alliance; + Mr. John Hultquist, director of intelligence analysis, + FireEye (Minority witness). + I thank each of today's witnesses for bringing their expert view on +the state of cybersecurity and surface transportation in the United +States. + I note that several of today's witnesses warn about China and the +security of transportation systems in the United States. + Their concern is shared by the Department of Defense in its annual +report to Congress: Military and Security Developments Involving the +People's Republic of China 2018. + The report states that China obtains foreign technology through +imports, foreign direct investment, industrial and cyber espionage, and +establishment of foreign research and development (R&D) centers. + In addition, an assessment of Cyber Operations by DoD said that +People's Liberation Army researchers believe that building strong cyber +capabilities is necessary to protect Chinese networks and advocate +seizing ``cyber space superiority'' by using offensive cyber operations +to deter or degrade an adversary's ability to conduct military +operations against China. + These findings by the DoD give our committee ample reason to +consider the cybersecurity implications of China's activity in the +transportation sector. + The Transportation Security Administration (TSA) is responsible for +both the physical security and cybersecurity of all modes of +transportation, including pipelines. + In November 2018, TSA released the ``TSA Cybersecurity Roadmap for +2018,'' its first-ever cybersecurity roadmap. + The Roadmap will guide TSA's oversight of the cybersecurity of the +transportation systems sector over the next 5 years by focusing on four +priority areas, which include risk identification, vulnerability +reduction, consequence mitigation, and enabling cybersecurity outcomes. + In addition, the Roadmap emphasizes TSA's commitment to recruiting, +retaining, and training technical and cyber talent to improve its +ability to engage with stakeholders on cybersecurity and information +technology issues. + Finally, the Roadmap highlights TSA's collaboration with the +Cybersecurity and Infrastructure Security Agency (CISA), which is the +operational component within DHS charged with serving as the primary +Federal civilian interface for cybersecurity information sharing. + We know the threats that computing devices and systems face, which +are almost too numerous to count: + Bot-nets; + Ransomware; + Zero Day Events; + Malware; + Denial-of-Service Attacks; + Distributed Denial-of-Service Attacks; + Pharming; + Phishing; + Data Theft; + Data Breaches; + SQL Injection; + Man-in-the-Middle Attack. + The list goes on, but suffice to say that as hard as any one person +in our Government is working to stop cyber attacks there are likely +another thousand attempting to breach a system or device or technology +used by a United States citizen. + Vulnerabilities of computing systems are not limited to intentional +attacks, but can include acts of nature, human error, or technology +failing to perform as intended. + I am particularly concerned about cybersecurity of transportation +for pipelines, bridges, tolls, air traffic control systems, commercial +aircraft, ports, and automobiles. + Government agencies and political institutions around the world +have acknowledged that air traffic management and control (ATM/ATC) +vulnerabilities could be used to undermine National security. + Any breach of the U.S. air traffic control system can lead to +flight interruptions that may result in cancellations. + The number, type, and severity of cyber threats experienced by +ports, service providers, or port customers are unknown because victims +generally prefer not to report incidents and to pay or absorb costs +resulting from breaches or thefts. + Another reason for underreporting is that companies and ports often +are unaware that their cybersecurity has been breached. + In January 2019, the American Association of Port Authorities +(AAPA) identified nearly $4 billion in crucial port and supply chain +security needs over the next 10 years. + The AAPA says that funding is needed to ensure America's port +facilities are properly equipped to address new and evolving security +challenges. + The report recommends refocusing the Federal Emergency Management +Agency's Port Security Grant Program to better meet the security +infrastructure needs of publicly-owned commercial seaports and related +maritime operations. + AAPA recommends funding an estimated $2.62 billion in maintenance +and upgrades to port security equipment and systems, and another $1.27 +billion for investments to tackle cybersecurity, active shooter, drone +mitigation, resiliency, and other evolving security threats. + It is reported that the U.S. Government invests $100 million +annually in the Port Security Grant Program. + This grant program began after 9/11, and it is estimated that by +the end of 2017, container volumes through U.S. ports have increased 71 +percent and total foreign trade tonnage had increased 37 percent, while +cruise passenger traffic nearly doubled by the end of 2018. + During this time, 85 percent of AAPA U.S. member ports report that +they anticipate direct cyber or physical threats to their ports to +increase over the next 10 years. + The 2017 APM Maersk cyber attack illustrates how an incident can +start outside the United States and have a cascading impact on ports +and terminal operations across the globe. + Further evidence on the cyber vulnerability of ports, comes from +October 15, 2014, in a report by CyberKeel entitled, ``Maritime Cyber- +Risks,'' which focused on financial thefts; alteration of carrier +information regarding cargo location; barcode scanners used as hacking +devices (a variation of the light bulb vulnerability described above); +targeting of shipbuilding and maritime operations; cyber-enabled large +drug smuggling operations; compromising of Australian customs and +border protection; spoofing a vessel Automated Identification System +(AIS); drilling rig cyber attack; vessel navigation control hack; GPS +jamming; vulnerabilities in the Electronic Chart Display and +Information System; and a Danish Maritime Authority breach. + In 2015, I hosted a briefing on ``Cyber Security Threat Posed by +the Ability to Hack Automobiles,'' which provided information on the +growing threat of remote attacks against moving vehicles and the +privacy of consumer data captured by automotive systems. + Finally, the use of untrustworthiness of transportation +infrastructure can have significant impacts on our Nation's economy. + An important part of cybersecurity is establishing and maintaining +a cybersecurity culture both within the Federal Government and +throughout the private sector. + We must change the way we perceive and respond to cybersecurity +vulnerabilities and threats. + We must be steadfast in our resolve to protect the Nation's +transportation system from cyber threats. + I look forward to the testimony of today's witnesses. + Thank you. + + Mr. Correa. With that being said I welcome the first panel +of witnesses. + Our first witness is Mr. Bob Kolasky, who serves as +director of the National Risk Management Center at the +Cybersecurity and Infrastructure Security Agency at the +Department of Homeland Security. As director he oversees the +Center's efforts to facilitate strategic cross-sector risk +management approach to cyber and physical threats to our +critical infrastructure. + Next we will have Ms. Sonya Proctor, who serves as director +of the Surface Division within the Office of Security Policy or +OSP, at the Transportation Security Agency. Ms. Proctor's +responsibilities include developing risk-based and effective +security policy in collaboration with stakeholders in surface +transportation modes. + Without objection, the witnesses' full statements will be +inserted into the record and I will ask each witness to +summarize his or her statements in 5 minutes, beginning with +Mr. Kolasky. + Welcome, sir. + +STATEMENT OF ROBERT KOLASKY, DIRECTOR, NATIONAL RISK MANAGEMENT +CENTER, CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY, U.S. + DEPARTMENT OF HOMELAND SECURITY + + Mr. Kolasky. Thank you, Chairman. + Chairman Correa, Chairman Thompson, Chairman Richmond, +Ranking Member Lesko, and Members of the subcommittee, good +morning and thank you for the opportunity to testify regarding +the Department's on-going and collaborative efforts to +strengthen the cybersecurity of our Nation. + Today, as the subject of the hearing, I will focus my +remarks on surface transportation including pipelines, mass +transit, freight, rail, and our highways. + First however I do want to thank the committee for its +leadership in establishing the Cybersecurity and Infrastructure +Security Agency, CISA. By creating our new agency in law, +Congress formally recognized DHS's role as the leader of the +National effort to safeguard Federal networks and critical +infrastructure from cyber and physical threats. + CISA delivers organization-specific and cross-sector risk +management support to enhance the resiliency of our Nation's +critical infrastructure. We are the main Federal interface for +sharing cyber-threat indicators. We provide a broad range of +cybersecurity threat detector response and coordination +capabilities to assist industry across all sectors, including +surface transportation, for securing their operations. Our +capabilities bring together the intelligence committee, law +enforcement, international partners, and the private sector. + As part of CISA, I serve as the director of the National +Risk Management Center. The Center brings together industry and +Government for collaborative planning, analysis, and +prioritization in order to reduce risk to critical +infrastructure. These efforts complement and support the day- +to-day operations across our agency and are intended to focus +on the most significant risks facing the Nation's critical +infrastructure. To that end cyber threats remain one of the +most significant strategic risks for the United States. + Critical infrastructure cyber incidents however are rarely +sector-specific which means we can't afford to take a sector- +specific approach to risk management. Our adversaries target +common vulnerabilities in systems across sectors. They target +companies in one sector to launch attacks on a [inaudible] the +growing interdependencies across sectors demand an integrated +approach. + An attack on the transportation sector has operational +impact and transcends the operations across the transportation +sector. That is one reason why we did establish the National +Risk Management Center. Planning, operations, and information +sharing to secure critical infrastructure must not be +stovepiped; this is because of the global, borderless, +interconnected nature of cyber space where strategic threats +can manifest in the homeland without advance warning and speed +of collaboration is essential. + In the coming months the National Risk Management Center +will finalize the identification of a set of National Critical +Functions. National Critical Functions are defined as the +functions of Government and the private sector, so vital to the +United States that their disruption, corruption, or dysfunction +could have a debilitating impact on National security, economic +security, National public health, or safety, and we identified +these in partnership with industry and our colleagues across +the Government. + Through this process we have already identified functions +associated with surface transportation such as the movement of +commodities through pipelines and the generation of electricity +that need to be prioritized. Because of that last year as you +all mentioned, we launched the Pipeline Security Initiative to +build upon past work in the sector. + This effort is a partnership between CISA, TSA, the +Department of Energy, as well as industry. CISA is coordinating +risk management planning and tasking its cybersecurity +operations, provide technical capabilities in support of my +colleague Sonya and her team as the sector-specific agency. +TSA's relationship with the sector and understanding of +pipeline operations is critical to the success of this +initiative. + The Pipeline Security Initiative is conducting +cybersecurity assessments on pipelines to identify and mitigate +vulnerabilities. The first comprehensive assessment was +completed in December 2018 and we expect to do 9 more this +year. These are some of the most comprehensive, in-depth, cyber +assessments the U.S. Government has done on pipelines to date. +Based on these assessments the NRMC will be conducting initial +analysis of how best to reduce risk to the Nation's pipeline +infrastructure, working with industry to prioritize mitigation +activities. + Another example of our work to support the transportation +sector is industrial control security. Much of our Nation's +surface transportation is dependent on industrial control +systems to monitor, control, and safeguard operation. We at +CISA have a long history of working to provide technical +expertise and to share information with ICS vendors and we will +continue to do that with a focus on surface transportation. + The final area I want to talk about, the National Risk +Management Center's efforts are our efforts around supply chain +security. To address supply chain risks CISA has established an +Information and Communications Technology Supply Chain Risk +Management Task Force. This is a public-private partnership to +facilitate mitigation of emerging supply chain threats. + Work is on-going on 4 separate work streams intended to +improve threat information, better understand priority Supply +Chain risks, and incentivize and enhance Supply Chain Risk +Management. This work will help transportation sectors as well +as critical infrastructure and Federal networks. + In closing, CISA will continue to be a partner to our +Government and industry colleagues with the twin imperative of +addressing the cyber threats we see today and shaping the risk +environment of tomorrow. I am convinced that such an approach +will leave us better prepared to address any challenges we face +from our adversaries now and in the future. + Once again thank you for the opportunity to appear before +the subcommittee today. I look forward to your questions. + [The prepared statement of Mr. Kolasky follows:] + Prepared Statement of Robert Kolasky + February 26, 2019 + Chairman Richmond, Chairman Correa, Ranking Member Katko, Ranking +Member Lesko, and Members of the subcommittees, thank you for the +opportunity to testify regarding the U.S. Department of Homeland +Security's (DHS) on-going efforts to reduce and mitigate risks to our +Nation's critical infrastructure. I have the privilege of serving as +the director of the National Risk Management Center (NRMC) at the +Cybersecurity and Infrastructure Security Agency (CISA). The NRMC +operates as a planning, analysis, and collaboration center bringing +together industry and multiple parts of Government to identify, +analyze, prioritize, and reduce risks to critical infrastructure. The +NRMC's efforts are centered on the ``secure tomorrow'' mantle of CISA's +mission--complementing and drawing from the day-to-day information +sharing, technical analysis, and operational assistance missions from +elsewhere in the agency. + My testimony today will focus on the cybersecurity of surface +transportation systems, including pipelines, mass transit systems, +freight rail systems, and highways. Both CISA and the Transportation +Security Administration (TSA) play a critical role in accomplishing +this mission. CISA is leading National efforts to defend the Nation's +critical infrastructure today and secure tomorrow by partnering with +industry and Government to reduce risk from cyber, physical, and hybrid +threats. Thanks to Congress's leadership and passage of the +Cybersecurity and Infrastructure Security Agency Act of 2018 (Pub. L. +115-278), we are now even better poised to further the maturation of +the organization to best reflect our essential mission and role in +securing cyber space. CISA's efforts to secure surface transportation +are carried out in close coordination with the TSA and Department of +Transportation, the Sector-Specific Agencies (SSA) for the surface +transportation portion of the Transportation Systems Sector. + cyber threats + Cyber threats remain one of the most significant strategic risks +for the United States, threatening our National security, economic +prosperity, and public health and safety. The past several years have +marked a growing awareness of the cyber domain in the public +consciousness. We have seen advanced persistent threat actors, +including hackers, cyber criminals, and nation-states, increase the +frequency and sophistication of their attacks. Our adversaries have +been developing and using advanced cyber capabilities in attempts to +undermine critical infrastructure, target our livelihoods and +innovation, steal our National security secrets, and threaten our +democratic institutions. + Cybersecurity threats affecting surface transportation have the +potential to impact the industrial control systems that operate +pipelines, mass transit, freight rail systems, and our highway +infrastructure. For example, America depends heavily on the 2.7 million +miles of pipeline crisscrossing our country. Increasingly, the business +operations and control systems that are vital to the continuity of this +part of our energy posture are threatened by cyber attacks from nation- +states and other malicious actors. Many pipelines are now supplied with +industrial control systems, automated pressure regulators, and control +valves. If this pipeline infrastructure is intentionally attacked, +control valves and pressure regulators could be affected. Failure of +these technologies could lead to pressure surges causing emergency +shutdowns, unexpected explosions and fires, and other serious +consequences. The recently-published Worldwide Threat Assessment of the +intelligence community states, ``China has the ability to launch cyber +attacks that cause localized, temporary disruptive effects on critical +infrastructure--such as disruption of a natural gas pipeline for days +to weeks--in the United States.'' + Similarly, trains are now supplied with on-board information +technology (IT) systems that provide and receive real-time updates on +track conditions, train position, train separation, car status, and +other operational data. While such technologies are designed to provide +faster and more reliable communications, these wireless communication +advances result in trains no longer functioning as closed systems, thus +increasing the cyber risks. + Today's industrial control systems within highway infrastructure +are often not only automated but highly integrated. Interconnected road +networks are controlled by numerous systems and devices such as traffic +signal systems, ramp metering systems, road weather information +systems, and field devices that feed into a traffic management center. +If an individual system or device was deliberately attacked, the +potential to affect multiple control systems would be a distinct +reality. + cybersecurity priorities + CISA, our Government partners, and the private sector are all +engaging in a more strategic and unified approach toward improving our +Nation's overall defensive posture against malicious cyber activity. In +May of last year, DHS published the Department-wide DHS Cybersecurity +Strategy, outlining a strategic framework to execute our cybersecurity +responsibilities during the next 5 years. Both the Strategy and +Presidential Policy Directive 21--Critical Infrastructure Security and +Resilience, emphasize that we must maintain an integrated approach to +managing risk. + The National Cyber Strategy, released in September 2018, reiterates +the criticality of collaboration and strengthens the Government's +commitment to work in partnership with industry to combat cyber threats +and secure our critical infrastructure. Together, the National Cyber +Strategy and DHS Cybersecurity Strategy guide CISA's efforts to secure +Federal networks and strengthen critical infrastructure. DHS works +across Government and critical infrastructure industry partnerships to +share timely and actionable information as well as to provide training +and technical assistance. Our work enhances cyber threat information +sharing between and among governments and businesses across the globe +to stop cyber incidents before they occur and quickly recover when they +do. By bringing together all levels of government, the private sector, +international partners, and the public, we are enabling a collective +defense against cybersecurity risks, while improving our whole-of- +Government incident response capabilities, enhancing information +sharing of best practices and cyber threats, strengthening our +resilience, and facilitating safety. + CISA's National Cybersecurity and Communications Integration Center +(NCCIC) provides entities with information, technical assistance, and +guidance they can use to secure their networks, systems, assets, +information, and data by reducing vulnerabilities, ensuring resilience +to cyber incidents, and supporting their holistic risk management +priorities. The NCCIC operates at the intersection of the Federal +Government, State and local governments, the private sector, +international partners, law enforcement, intelligence, and defense +communities. The Cybersecurity Information Sharing Act of 2015 (Pub. L. +114-113) established DHS as the Federal Government's central hub for +the sharing of cyber threat indicators and defensive measures. CISA's +automated indicator sharing capability allows the Federal Government +and private-sector network defenders to share technical information at +machine speed. + Much of our Nation's surface transportation infrastructure is +dependent on industrial control systems to monitor, control, and +safeguard operational processes. Many of the industrial control systems +currently in use were built for operability, efficiency, and +reliability during an era when security was a lower priority than it is +today. CISA has a well-established history of working to secure +industrial control systems across critical infrastructure. In 2004, DHS +established the Control Systems Security Program to address growing +concerns over the security of industrial control systems. Since 2009, +DHS has maintained the Industrial Control Systems Joint Working Group +as the primary body for communicating and partnering across all +critical infrastructure sectors and the government at all levels to +accelerate the design, development, and deployment of secure industrial +control systems. CISA's industrial control systems cybersecurity +capabilities include malware and vulnerability analysis; an operational +watch floor to monitor, track, and investigate cyber incidents; +incident response; international stakeholder coordination; and the +creation and dissemination of threat briefings, security bulletins, and +notices related to emerging threats and vulnerabilities impacting these +technologies. + national risk management + Our adversaries' capabilities on-line are outpacing our stove-piped +defenses. Specifically, there has been a critical gap in cross-sector, +cross-government coordination on critical infrastructure security and +resilience. Working together with the private sector and other +Government partners, we are taking collective action to strengthen +cross-sector, cross-government coordination against malicious cyber +actors. + Through the NRMC within CISA, we have stepped up our efforts to +provide a comprehensive risk management approach to cyber and physical +security. The NRMC is a core component of DHS's efforts to take a +holistic cross-sector approach to managing risks to the critical +functions that drive our economy and are necessary to our National +security. Through the NRMC, Government and industry are coming together +to create a more complete understanding of the complex perils that +threaten the Nation's critical infrastructure. + Risk is increasingly cross-sector in nature. A siloed approach to +risk identification and management simply will not work. By the nature +of the threat, and infrastructure design, risk transcends +infrastructure sectors, is shared across State and National lines, and +is held by both Government and industry. As an example, we recently +briefed industry on cyber activities that have been attributed to +China. Attempts to steal intellectual property do not discriminate +between sectors of our economy. From biotechnology, to aircraft +components, to advanced rail equipment, and electrical generation +equipment--information is at risk, and it can be weaponized. Similarly, +the cascading nature of cyber incidents across sectors is very real. We +need to look no further than NotPetya, the most costly cyber attack in +history--which we have attributed to Russia--to see how risk easily +jumps across sectors and continents and how it can hit private sector +organizations particularly hard. + national critical functions + Historically, the U.S. Government has focused on prioritizing +critical infrastructure from the perspective of assets and +organizations. A different approach for prioritization is needed to +better address system-wide and cross-sector risks and dependencies. +CISA, through the NRMC, is leading an effort to develop a set of +National Critical Functions to guide critical infrastructure risk +management. + National Critical Functions are defined as ``the functions of +Government and the private sector so vital to the United States that +their disruption, corruption, or dysfunction would have a debilitating +impact on National security, economic security, National public health +or safety.'' This construct forces a risk management conversation that +is less about whether an entity is a business or Government, and more +about what an entity does to manage risk and what risk it enables. This +framework allows us to look at issue sets in the risk management space +not in isolation, but with a more holistic context. + We are partnering with SSAs and all 16 critical infrastructure +sectors, including the Transportation Systems, Communications, +Financial Services, and Energy sectors to identify and validate +National Critical Functions. This list will be finalized in the coming +months and will form the basis for subsequent analysis--including +consequence modeling and dependency analysis--in order to develop a +Risk Register of the most pressing threats facing the critical +infrastructure community. Such a Risk Register will guide collective +action between Government and industry on how to best address risk +management. + In doing the critical functions work, we have already identified +aspects associated with surface transportation, such as pipeline +operations, that need to be prioritized in terms of security. Although +we are in our early stages of that work, we agree with the committee on +the pressing need to address risks associated with nation-state +exploitation of vulnerabilities that link information to infrastructure +operations and which could have significant consequences on community +and economic security. + surface transportation cybersecurity + The Pipeline Security Initiative is a partnership between CISA, +TSA, the Department of Energy, and industry. Bad actors have shown +interest in infiltrating systems in sectors with less mature cyber +hygiene, and using that access to better understand ways to manipulate +equipment in sectors with more advanced security protocols. This can +lead to critical pipeline systems, including water, natural gas, and +liquid fuels, being at risk. + By leveraging the TSA's SSA expertise and CISA's technical +cybersecurity capabilities, the Pipeline Security Initiative is working +to improve our ability to identify and mitigate vulnerabilities to the +pipeline ecosystem. This initiative uses different voluntary +assessments--ranging from single and multi-day inspections to self- +assessments--to help our industry partners identify and mitigate +potential vulnerabilities and provide the Government with a broader +view of pipeline security risk. + In December 2018, we completed our first comprehensive assessment +under this new initiative. This initial assessment served as a +successful test-bed to ensure that tools and other techniques offer the +detail and data necessary to conduct the comprehensive analysis needed +to ensure critical services and product flow through the pipeline +systems. We anticipate 9 more assessments in 2019. + supply chain risks + Information and communications technology (ICT) is critical to +every business and Government agency's ability to carry out its mission +efficiently and effectively. Vulnerabilities in ICT can be exploited +intentionally or unintentionally through a variety of means, including +deliberate mislabeling and counterfeits, unauthorized production, +tampering, theft, and insertion of malicious software or hardware. If +these risks are not detected and mitigated, the impact to the ICT could +be a fundamental degradation of its confidentiality, integrity, or +availability and potentially create adverse impacts to essential +Government or critical infrastructure systems. + Increasingly sophisticated adversaries seek to steal, compromise, +alter, or destroy sensitive information on systems and networks, and +risks associated with ICT may be used to facilitate these activities. +The Office of the Director of National Intelligence (ODNI) acknowledges +that ``the U.S. is under systemic assault by foreign intelligence +entities who target the equipment, systems, and information used every +day by Government, business, and individual citizens.'' The +globalization of our supply chain can result in component parts, +services, and manufacturing from sources distributed around the world. +ODNI further states, ``Our most capable adversaries can access this +supply chain at multiple points, establishing advanced, persistent, and +multifaceted subversion. Our adversaries are also able to use this +complexity to obfuscate their efforts to penetrate sensitive research +and development programs, steal intellectual property and personally +identifiable information, insert malware into critical components, and +mask foreign ownership, control, and/or influence of key providers of +components and services.'' + CISA has launched the ICT Supply Chain Risk Management (SCRM) Task +Force as a public-private partnership to mitigate emerging supply chain +threats. The Task Force is the main private-sector point of entry for +our SCRM efforts and is jointly chaired by DHS and the chairs of IT and +Communications Sector Coordinating Councils. The Task Force is focused +on supply chain threat information sharing, supply chain threat mapping +and assessment, establishing criteria for qualified bidder and +manufacturer lists, and incentivizing the purchase of ICT from original +manufacturers and authorized resellers. + conclusion + In the face of increasingly sophisticated threats, DHS employees +stand on the front lines of the Federal Government's efforts to defend +our Nation's critical infrastructure from natural disasters, terrorism +and adversarial threats, and technological risk such as those caused by +cyber threats. The coming revolution of autonomous operations of +infrastructure and other core functions, which combines data, machine +learning, algorithms, and computing power and which is associated with +massive new markets in artificial intelligence, smart cities, and +quantum computing is going to radically change the nature of National +security. The underpinning systems enabling functioning infrastructure +have become more complex, and design considerations have created new +vulnerabilities. Combine the reality of adversaries who are seeking to +achieve strategic gain in the global marketplace and there is an +essential imperative to have security remain a first-order +consideration for key infrastructure deployments and in the +establishment of supply chains. + CISA is working with partners to meet this century's risks. Doing +so requires being vigilant about security risk today and playing the +long game--which will require continued collaboration between the +Executive and Legislative branches. As the committee considers these +issues, we are committed to working with Congress to ensure that this +effort is done in a way that cultivates a safer, more secure, and +resilient homeland. + Thank you for the opportunity to appear before the committee today, +and I look forward to your questions. + + Mr. Correa. Thank you, Mr. Kolasky. + I will now recognize Ms. Proctor, for your testimony; if +you can summarize your statements in 5 minutes. Thank you. + + STATEMENT OF SONYA T. PROCTOR, DIRECTOR, SURFACE DIVISION, + OFFICE OF THE SECURITY POLICY AND INDUSTRY ENGAGEMENT, + TRANSPORTATION SECURITY ADMINISTRATION + + Ms. Proctor. Thank you. + Good morning, Chairman Thompson, Chairman Correa, and +Richmond, and Ranking Member Lesko, and distinguished Members +of the subcommittee. Thank you for the opportunity to appear +before you this morning to discuss the Transportation Security +Administration's efforts to secure surface transportation +systems including oil and natural gas pipelines from +cybersecurity risks. I also want to thank you for the TSA +Modernization Act and the support of that. + TSA is committed to securing the transportation sector, +which includes pipelines, against evolving and emerging risks +such as cyber attacks; partnering with our private-sector +partners to secure surface transportation from cyber attacks is +a critically important and complex undertaking. + The U.S. surface transportation system is a complex +interconnected and largely open network comprised of mass +transit systems, passenger and freight railroads, over-the-road +bus operators, motor carrier operators, pipelines, and maritime +facilities. The various modes that make up the system operate +daily in close coordination with and proximity [inaudible] +transportation system, operating securely and safely. + Every year more than 10 billion trips are taken on 6,800 +U.S. mass transit systems which range from small bus-only +systems in rural areas to large multi-modal systems in urban +areas. Over-the-road bus operators carry approximately 604 +million inter-city bus passengers each year; over 3,300 +commercial bus companies travel on the 4 million miles of +roadway in the United States and on more than 600,000 highway +bridges and through over 470 tunnels. Those same roads, +bridges, and tunnels support the movement of goods throughout +the country by 8 million large-capacity commercial trucks. + As for our railroads and pipelines, more than 570 +individual freight railroads carrying essential goods, operate +on nearly 140,000 miles of track and 2.75 million miles of +pipelines owned and operated by approximately 3,000 private +companies, transporting natural gas, refined petroleum +products, and other commercial products. + TSA's functions and authorities as a security agency are +uniquely structured to tackle the challenges at the +intersections of surface transportation and cyber risks. To +secure these networks, TSA leverages its mature intelligence +and analysis capability along with its vetting and +credentialing programs to ensure it can quickly develop and +promulgate risk mitigation guidelines and measures to +effectively [inaudible] efforts are bolstered by strong +partnerships, trust, and collaboration with our Federal +industry and partners. + In this regard industry works with TSA to share their own +unique vulnerabilities and security needs. Through this open +communication we collaboratively develop programs and +guidelines for industry to voluntarily adopt to increase their +overall security posture an approach that has yielded +significant security investments and improvements beyond what +the agency would have achieved from a regulatory approach +alone. We believe that this voluntary and collaborative +approach to developing and implementing security measures has +been successful. + However, we also recognize that should arise based on an +eminent threat or real-world event the TSA administrator has +unique authority to require immediate implementation of certain +security measures through the issuance of security directives. + In December 2018 the TSA administrator issued the agency's +Cybersecurity Roadmap which will guide efforts to prioritize +cybersecurity measures within TSA and across the transportation +system over the next 5 years. TSA approaches both cybersecurity +and physical security by identifying, assessing, and mitigating +the risk. TSA helps surface owners and operators identify +vulnerabilities and risks in their operations and works with +them to develop and implement risk mitigating solutions. + In closing TSA has been able to support the improvement of +both physical and cybersecurity across all surface modes of +transportation, including pipelines, thanks to the trust and +relationships we have cultivated with our Federal partners and +industry as evidenced by the programs and resources TSA has +collaboratively developed and implementing for our surface +transportation stakeholders. TSA is committed to securing the +Nation's surface transportation system from terrorist +activities and cyber attacks. + TSA looks forward to working with Congress on these efforts +and thank you for the opportunity to discuss these issues here +with you today. I look forward to the subcommittee's questions. + [The prepared statement of Ms. Proctor follows:] + Prepared Statement of Sonya T. Proctor + February 26, 2019 + Good morning Chairmen Correa and Richmond, Ranking Members Lesko +and Katko, and distinguished Members of the subcommittees. Thank you +for the opportunity to appear before you to discuss the Transportation +Security Administration's (TSA) efforts to secure surface +transportation systems including oil and natural gas pipelines from +cybersecurity risks. + TSA is committed to securing the transportation sector, which +includes pipelines, against evolving and emerging risks, such as cyber +attacks. Partnering with our private-sector partners to secure surface +transportation from cyber attacks is a critically important and complex +undertaking. As the director of national intelligence recently stated, +our adversaries and strategic competitors have cyber attack +capabilities they could use against U.S. critical infrastructure, +including U.S. surface transportation. As a disruption to any of these +systems would negatively impact our economy, commerce, and well-being, +the cyber attack threat is driving the Department of Homeland +Security's efforts to increase the cyber resilience of surface +transportation. + surface transportation + The U.S. surface transportation system is a complex, +interconnected, and largely open network comprised of mass transit +systems, passenger and freight railroads, over-the-road bus operators, +motor carrier operators, pipelines, and maritime facilities. The +various modes that make up this system operate daily in close +coordination with and proximity to one another. Americans and our +economy depend on the surface transportation system operating securely +and safely. + Every year more than 10 billion trips are taken on 6,800 U.S. mass +transit systems, which range from small bus-only systems in rural areas +to large multi-modal systems in urban areas. Over-the-road bus +operators carry approximately 604 million intercity bus passengers each +year. Over 3,300 commercial bus companies travel on the 4 million miles +of roadway in the United States and on more than 600,000 highway +bridges greater than 20 feet in length and through over 470 tunnels. +Those same roads, bridges, and tunnels support the movement of goods +throughout the country by 8 million large capacity commercial trucks. + As for our railroads and pipelines, more than 570 individual +freight railroads carrying essential goods operate on nearly 140,000 +miles of track, and 2.75 million miles of pipelines, owned and operated +by approximately 3,000 private companies, transport natural gas, +refined petroleum products, and other commercial products. + TSA's functions and authorities as a security agency are uniquely +structured to tackle the challenges at the intersections of surface +transportation and cyber risks. To secure these networks, TSA leverages +its mature intelligence and analysis capability, along with its vetting +and credentialing programs to ensure it can quickly develop and +promulgate risk mitigation guidelines and measures to effectively +coordinate and address evolving risk. + TSA's security efforts are bolstered by strong partnerships, trust, +and collaboration with our Federal and industry partners. In this +regard, industry works with TSA to share their own unique +vulnerabilities and security needs. Through this open communication, we +collaboratively develop programs and guidelines for industry to +voluntarily adopt to increase their overall security posture--an +approach that has yielded significant security investments and +improvements beyond what the agency would have achieved from a +regulatory approach alone. + We believe that this voluntary and collaborative approach to +developing and implementing security measures has been successful. +However, we also recognize that should the need arise, based on an +imminent threat or real-world event, the TSA administrator has unique +authority to require immediate implementation of certain security +measures through the issuance of Security Directives (SDs). + TSA also actively collaborates with law enforcement entities, such +as the Federal Bureau of Investigation (FBI), the Department of +Justice, and the Joint Terrorism Task Force, to address attacks on +critical infrastructure and supporting networks. For example, TSA works +with the FBI to share intelligence information and host joint working +groups on investigation and enforcement for attacks on surface +transportation infrastructure. TSA also serves on the Energy Sector +Government Coordinating Council, co-chaired by the Department of Energy +and the DHS Cybersecurity and Infrastructure Security Agency (CISA), to +discuss energy and pipeline security issues, provide insight on +relevant intelligence, and coordinate at the Federal level on pipeline- +related security recommendations and programs. Additionally, TSA works +closely with the Pipeline and Hazardous Materials Safety Administration +within the Department of Transportation for incident response and +monitoring of pipeline systems. + tsa cybersecurity roadmap + In December 2018, the TSA administrator issued the agency's +Cybersecurity Roadmap, which will guide efforts to prioritize +cybersecurity measures within TSA and across the transportation system +sector over the next 5 years. The Cybersecurity Roadmap identifies 4 +priorities which will help the agency achieve its cybersecurity goals: + Identify cybersecurity risks; + Reduce vulnerabilities to our systems and critical + infrastructure across the transportation systems sector; + Mitigate consequences if and when incidents do occur; and, + Strengthen security and ensure the resilience of the system. + The TSA Cybersecurity Roadmap has been supplemented with the +development of an implementation plan which will assist in resource +allocation to this critical area. In coordination with CISA, the +Federal Government's lead cybersecurity agency, the TSA Cybersecurity +Roadmap brings TSA's cybersecurity efforts into alignment with both the +National Cyber Strategy and the DHS Cybersecurity Strategy. + tsa's cybersecurity efforts for surface transportation + TSA approaches both cybersecurity and physical security by +identifying, assessing, and mitigating any risks. TSA helps surface +owners and operators identify vulnerabilities and risks in their +operations, and works with them to develop and implement risk- +mitigating solutions. + TSA's cybersecurity approach to its critical infrastructure mission +is based on the National Institute of Standards and Technology (NIST) +cybersecurity framework, which is designed to provide a foundation that +industry can implement to sustain robust cybersecurity measures. TSA +shares information and resources with industry to support adoption of +the framework. + TSA cybersecurity resources and efforts for all modes of surface +transportation include: + Cybersecurity Toolkit.--Provides information on an array of + resources, recommendations, and practices available at no cost + to surface transportation entities. + Cybersecurity Counterterrorism Guides.--``Pocket'' resource + guides to help educate all levels of surface transportation + professionals on potential cyber threats, actions they can + take, and best practices. Over 59,000 cybersecurity guides have + been distributed across all modes of surface transportation. + Cybersecurity ``5N5'' Workshops.--Provides owners and + operators of critical infrastructure with an awareness of + existing cybersecurity support programs, resources, familiarity + with the NIST Framework, and an opportunity to discuss + cybersecurity challenges and share best practices. Workshop + participants leave with immediate benefit by receiving 5 non- + technical cybersecurity actions to implement over 5 days (5N5). + Cybersecurity Awareness Messages (CAMs).--Disseminates + information to stakeholders either in response to real-world + events or in anticipation of significant anniversaries or + holidays to support the transportation security community's + efforts to increase their cybersecurity posture, and recommends + voluntary cybersecurity protective measures. + Daily Cybersecurity Reports.--The Public Transit and Over- + the-Road Bus Information Sharing and Analysis Centers + distribute daily cybersecurity awareness reports to their + members. + Pipeline-specific cybersecurity efforts include: + TSA Pipeline Security Guidelines.--Initially developed in + 2010 and revised in 2011, the Guidelines were revised again in + 2018 to align with the NIST Cybersecurity Framework. TSA added + a new cybersecurity section to more accurately reflect the + current threat environment to help inform industry on how best + to allocate their security resources based on their operations. + TSA-Federal Energy Regulatory Commission (FERC) Joint + Voluntary Cyber Architecture Reviews.--Assesses the pipeline + system's cybersecurity environment of operational and business + critical network controls. These controls include the networked + and segregated environments of Industrial Control System + components, such as Supervisory Control and Data Acquisition, + Distributed Control Systems, Remote Terminal Units, Human + Machine Interfaces, and Process Logic Controllers. + Pipeline Cybersecurity Assessments.--DHS has established an + initiative to evaluate the cybersecurity posture of critical + oil and natural gas pipeline systems to determine their + cybersecurity practices and promote resilience. TSA has + partnered with CISA to develop on-site cyber assessments of key + pipeline systems as part of the Pipeline Security Initiative. + The assessments will provide pipeline owners with a + comprehensive evaluation and discovery process, focusing on + defense strategies associated with asset owners' specific + control systems network and segregated control assets. We plan + to evaluate as many critical pipeline systems as possible on + their cybersecurity posture by the end of this fiscal year, as + time and funding allows. + Corporate Security Review (CSR) Program and Critical + Facility Security Review (CFSR) Programs.--CSRs are conducted + to evaluate existing corporate security policies, procedures, + and practices, and make recommendations for improving existing + corporate security posture. The TSA CSRs have been updated to + include a more comprehensive and robust review of the + cybersecurity policies, plans, and practices that the pipeline + industry is employing. The CFSR program evaluates the top 100 + most critical pipeline systems in the United States, collecting + site-specific information from the facility operator on + security policy, procedures, and physical security measures. + The CFSR program assessment questions have also been updated to + include cyber-specific measures. + Classified Briefings.--TSA sponsors Classified briefings for + pipeline owners and operators. These briefings provide owners + and operators with a need to know on updated pipeline cyber + threat information. + pipeline security success through voluntary actions + TSA had great success in working with the pipeline community to +develop and implement voluntary guidance and programs to enhance their +overall security programs and raise their baseline levels of security. +Specifically, the pipeline community has been very supportive and +receptive to our Pipeline Security Guidelines, including the addition +of a comprehensive cybersecurity section. The guidelines serve as the +de facto standard for pipeline security programs, and were developed in +close coordination with the pipeline industry. Major pipeline industry +associations continue to show support of and collaboration with the +measures set forth in the guidelines. Associations such as the American +Gas Association, the Interstate Natural Gas Association of America, and +the American Petroleum Institute, have written ``membership +statements'' committing to voluntary adherence to the Pipeline Security +Guidelines. + Pipeline operators have shown a willingness and ability to +voluntarily implement the mitigation measures set forth in the +guidelines. We have strong evidence that an industry-backed voluntary +program to reduce risk by increasing compliance with the guidelines is +working. TSA conducted 23 CSRs in fiscal year 2018, and those pipeline +operators assessed had a 90 percent compliance rate regarding Corporate +Security Program Management; an 85 percent compliance rate regarding +Security Incident Management; and an 80 percent compliance rate +regarding the TSA recommended cybersecurity practices detailed in the +2011 Guidelines. In addition, we have seen a strong increase in +corporate compliance when comparing results from a second review to a +company's first review. For 10 companies where we have conducted a +second CSR, we have seen the number of recommendations made decrease +from a total of 446 recommendations (first review) to 146 (second +review). In addition, companies have implemented corrective actions on +over 81 percent of the recommendations made during our CFSRs. This very +high rate regarding corrective actions is indicative of industry +acceptance and adherence to TSA Guidelines. In fiscal year 2019, we +will compile similar CSR data based on the updated 2018 Guidelines, +which will help determine how and where we apply additional resources +to the pipeline industry. + conclusion + In closing, TSA has been able to support the improvement of both +physical and cybersecurity across all surface modes of transportation, +including pipelines, thanks to the trust and relationships we have +cultivated with our Federal partners and industry. As evidenced by the +programs and resources TSA has collaboratively developed and +implemented for our surface transportation stakeholders, TSA is +committed to securing the Nation's surface transportation system from +terrorist and cybersecurity attacks. TSA looks forward to working with +Congress on these efforts. Thank you for the opportunity to discuss +these important issues. I look forward to the subcommittees' questions. + + Mr. Correa. Thank you, Ms. Proctor. + I thank both of our witnesses for their comments. + Remind the Members that each one of us will have 5 minutes +for questions. + I will now recognize myself for some questions. Ms. +Proctor, I would like to start out with you. TSA currently +relies on voluntary standards for pipeline [inaudible] tell me, +is this good or bad? + Ms. Proctor. The approach that we use for working with the +pipeline industry has been very successful. Yes, we indeed do +use a voluntary approach, our Pipeline Security Guidelines were +developed with the industry and they were developed to allow a +voluntary involvement with the pipeline industry. What we know +is that with these guidelines we have flexibility to adjust the +guidelines to the threat environment and certainly if the +threat dictates, if there is a significant threat, the +administrator of TSA has the authority to issue a security +directive to focus on that threat and to require security +measures to address that specific threat. + Mr. Correa. So, Ms. Proctor, you are saying because of the +characteristics of cyber attacks that specific regulations +would be counterproductive in this area? + Ms. Proctor. Yes, Mr. Chairman. The nature of cyber threats +is that they are constantly emerging. They are emerging--much +faster than the Government's ability to write regulations to +address them and in this fashion if there is a significant +cyber threat the administrator may address that through a +security directive. + Mr. Correa. Any thoughts about how you would keep us as +policy makers apprised of your progress or lack thereof since +you are looking at really voluntary standards, self-reporting? + Ms. Proctor. Mr. Chairman, we would be happy to report to +this committee on our progress with industry on the progress of +the assessments that we conduct with industry; we actually go +out and conduct corporate security reviews, looking at the +headquarters, planning, the planning for cybersecurity plans, +physical plans, and we go out into the field and conduct +assessments at critical facilities. We conduct critical +facility, security reviews in the field and we are comparing +what we see in the field to the agreed-upon Pipeline Security +Guidelines. + Mr. Correa. Complying with the cybersecurity challenge can +be very expensive, for the private sector or Government. So my +question to you is, the private sector, do you see them +complying voluntarily with what they have got to do? Which is +to come up with the best practices, minimum standards or do you +have to push folks to go in the right direction; do you have to +push folks to do the right thing? + Ms. Proctor. Sir, what we have witnessed is that the +voluntary approach has been very successful. We have found that +the companies are making those investments in their own +cybersecurity, as well physical security, and they are doing +that to protect their ability to carry on their business as +well so we do believe that it has been effective in this +voluntary environment. + Mr. Correa. Quickly, another area, the realignment, TSA is +realigning some of its functions. Can you explain to us how +this realignment will affect surface transportation security? + Ms. Proctor. As a result of the realignment that +Administrator Pekoske has directed, the Surface Division assets +are going to shift over into the security operations area where +they will join with our Transportation Security Inspectors who +are already in the field, that Field Force is 200-plus strong +so we will be combining our surface division--our current +surface division assets with the 200-plus Transportation +Security Inspectors in the field, they will be working with us +in conjunction with our transportation security partners in the +field. + Mr. Correa. Thank you very much. + I am going to yield the remainder of my time. + I will now recognize our Ranking Member for the +Transportation Subcommittee, the gentlewoman from Arizona, Mrs. +Lesko, for some questions. + Ma'am. + Mrs. Lesko. Thank you, Mr. Chairman. + My first question is for either Ms. Proctor or Mr. Kolasky, +or both. Some have suggested that other Federal agencies take +over the role of physical and cybersecurity for pipelines, such +as the Department of Energy and I was wondering if one of you +or both of you can comment on why you think that it is +important that it remains under the purview of TSA and +Department of Homeland Security? + Ms. Proctor. Thank you, Ranking Member. We do believe that +the security of pipelines is best placed under the Department +of Homeland Security and the assets that the Department of +Homeland Security can bring to bear for the security of the +pipelines. + As has been mentioned here today, we are working very +closely with CISA to conduct comprehensive cybersecurity +assessments on pipelines and the authority that I mentioned +that the administrator, the TSA administrator has, gives him +the authority to require whatever measures are necessary to +secure the pipelines to be implemented almost immediately at +his direction, to secure the pipelines from any type of threat, +whether that threat is a cyber threat or whether it is a +physical threat. + Mr. Kolasky. If I could just add to that, Ranking Member +Lesko, you know, one of the things we recognize, Sonja, and I, +and our offices recognized is that we have some unique +capability across DHS that we can apply to the pipeline threat +and within the agency, the partnership we have established has +really served as a force multiplier to TSA cybersecurity +efforts. + The other thing I would augment that with, why I think this +is a good place for it to be, is the fact that a lot of the +nature of these risks, the control systems, the fact that +pipelines contribute to other critical infrastructures are +cross-sector and we really are a place and we serve as the hub +to bring information across sectors when we learn about risks +to some operational technologies, we can quickly get it in the +hands of TSA, to get out to the pipeline owners and operators, +we work together on that. + There's just a lot of shared risk in this space and +separating critical infrastructure, too much across agencies +you know, really runs the risk of creating stovepipes. I mean, +right now we have got a nice blended mix of working with +agencies, we work closely with the Department of Energy but I +don't think you want to take cybersecurity responsibilities out +of DHS and put them further afield because of that they are +more just challenge---- + Mrs. Lesko. I have one more question for, Ms. Proctor. Let +me just read this from my notes. Recently the GAO determined +that, in a recent audit, determined that [inaudible] risk had +failed to identify critical facilities due to a lack of clarity +from TSA on defining of facilities' criticality. To remedy +these challenges GAO recommended that the TSA administrator +take 10 actions with which TSA concurred [inaudible] what +actions have been taken so that these high risks are +identified? + Ms. Proctor. Yes ma'am. Certainly, we have reviewed the GAO +report. We concur with the recommendations that GAO offered and +we are in the process now of addressing those recommendations +that were made by GAO. As you noted there were 10 +recommendations that were made by GAO and four of those +recommendations deal with the pipeline risk ranking tool that +we used to help establish risk in the pipeline industry so we +are diligently working on all of the recommendations but we do +expect to have at least the first recommendation concluded +within about 60 days. + Mrs. Lesko. Thank you, ma'am. + I yield back my time. + Mr. Correa. Thank you, Mrs. Lesko. + I now recognize the Chairman of the Cybersecurity +Subcommittee, the gentleman from Louisiana, Mr. Richmond. + Mr. Richmond. I will pick up where the Ranking Member left +off and, Ms. Proctor, your answer indicates that you will +accomplish number 1 out of 10 in 60 days, what about the other +9? + Ms. Proctor. Mr. Chairman, we are working on all of those +10 recommendations at the same time. We have limited resources +to work on all of them at the same time so we are working to +address the ones that we know that we can satisfy and those +involve, again there were 4 that were associated with the risk +ranking tool, so we are working directly on those, as well as +the one that addresses the policy that we need to put in place +for the review of the actual guidelines. + Mr. Richmond. Let me just give you kind of an overview of +my district, largest petrochemical footprint in the country. We +are neighbors to chemical facilities. We have all of the major +rail lines running through our communities and for the most +part they are good corporate neighbors, good employers, and +they pay well. + However when we look at the risk associated with that, we +have to make sure we mitigate it because on those rail cars +that come through our communities are dangerous chemicals and +every other thing that you can think of. So when we are looking +at this, are we communicating the best, do we have strategic +partnerships set up? It is important to us and so as we talk +about the cyber risk for, let us say rail, and our pipelines +and our oil rigs and all of those, that now a lot of that is +controlled electronically. + If you think about the BP disaster which was an accident, +think of a BP disaster that was an attack, so how are we +communicating with those companies? But have we done anything +to make sure that those companies are holding their +subcontractors in their supply chain to the same high standards +that we want to hold them to? + Mr. Kolasky. So I can talk a little bit about of the nature +of your question. As you know, you mentioned chemical, you +know, through the CFATs regulation we put additional +requirements on chemical security, some of the facilities that +dealt with that. You know, you referenced the oil and natural +gas industry which operates pipelines that produces a lot of +what you are talking about; we work closely with the oil and +natural gas industry, with the Department of Energy. + You know, specifically in terms of supply chain risk, we +agree that this is an area that we have got to get deeper into, +people understanding the supply chain, I think there's an +understanding of that. + I referenced in my opening remarks a task force that we +have established with critical infrastructure owners and +operators which are focused particularly on threat information +sharing, setting up processes through threat-based decision +making, where should threat-based decision-making criteria be +established, that will be an interagency process where we are +able to get threat information out to help owners and operators +make a decision about companies or products they might not want +inserted in the supply chain; we are advocating, more deeply +understanding what is in a supply chain, that is an important +element. + But then there's also, it has to be mitigation steps, you +know, are people [inaudible] again is that written in the +expectation to do so in the contracts, that is the kind of +stuff we are studying the Task Force to make recommendations to +the Federal Government, how to do that for our own Federal +networks but also for critical infrastructure owners and +operators and what incentives will get people deeper in. + So you know, I would summarize a problem that we probably +don't have enough information out there to help everyone be +smarter buyers that could [inaudible] in talking industry we +will understand why the information might not lead to the right +decisions being made or us taking too much risk on, we don't +want to deal with this by just cutting off things but we want a +better understanding of risks that is being put into supply +chains and when there are [inaudible] that could be put out +there. + Mr. Richmond. Well, and I guess I will just say before Ms. +Proctor takes a shot of it but think of passenger rail which is +almost completely electronic, what are we doing to ensure the +traveling public safety and do we have a sense of urgency +understanding the risk that is out there? + With that, Mr. Chairman, I will yield back the balance of +my time. + Mr. Correa. Thank you, Chairman Richmond. + The Chair will now recognize other Members for questions +that they may want to ask. + In accordance with our committee rules, I will recognize +Members who were present at the start of the hearing, based on +seniority in the committee, alternating between Majority and +Minority. Those Members coming in later will be recognized in +the order of their arrival. + The Chair recognizes for 5 minutes, the gentlelady Ms. +Barragan, from California. + Ms. Barragan. Thank you. + I am going to actually, going to follow up on a question +that Congressman Richmond just asked. In December 2016 L.A. +Metro received a terror threat from abroad. It led to +heightened security and this terror threat was on a commuter +rail station, one that went into downtown Los Angeles, impacted +about a 150,000 riders a day on this line. So my question, it +was very similar to what Mr. Richmond just asked, but didn't +get an answer from. So I am going to follow up there. + When we talk about cybersecurity risk, to what degree are +we considering the safety of the traveling public as well, and +passenger rail and mass transit rely on computerized systems; a +cybersecurity attack on the system could also mean risking the +safety of the traveling public. What is being done to mitigate +these risks to the public and both of you can answer. + Ms. Proctor. We provide both information and intelligence +and that intelligence is delivered sometimes in an unclassified +setting but it is also delivered in a Classified setting, that +is one of the most important things that we do, is keeping the +systems informed about the level of threat, the type of threat, +which gives them the information that they need to apply +mitigating measures to that particular threat. + In conjunction with the supply chain issues that my +colleague mentioned, those issues put them in the best position +to ensure the safety of the traveling public. Most of our +transit systems have either their own law enforcement component +or they have an agreement with their local law enforcement +agency to provide security for the system. We have found them +to be very engaged. + We have found them to be involved not only in receiving +information not only from TSA but from our colleagues at the +FBI, with the Joint Terrorism Task Force and with their +[inaudible] to be effective. When we receive information that +suggests that some threat is present in mass transit you will +often see an increased visibility; uniformed law enforcement +officers including the VIPER teams from TSA, the ground-based +Federal Air Marshals who support our surface transportation. + We take that information very seriously and as soon as we +receive information that suggests that there might be some +threat to the system and whether that threat is physical or +cyber, we reach out to those systems to make sure that they are +aware so they can start to apply mitigating measures. + Ms. Barragan. Right. + Mr. Kolasky, do you want to add anything to that? + Mr. Kolasky. Yes. Let me talk to, specifically about the +rail. So Sonya mentioned information sharing, we know a lot +about cyber information, cyber things that might be happening +but one thing we did, a couple years ago is work with the rail +industry to attach cyber indicators, things that could be +happening in terms of tactics, techniques of a cyber attack, to +controls that would be most useful in a rail transit context. +So you know, we took general information and we organized it by +using the NIST Cybersecurity Framework, working with industry +where we could take specific indicators and say, if you see +this sort of stuff, here's what you might want to do in a rail +system, it is--it is that customization that helps. + Then I would just add on the physical security which you +referenced in 2016 and another thing we do DHS is you know, try +to enhance soft-target security and technology development that +can be deployed in transit settings you know, through our +Science and Technology Directorate partnership with TSA and +[inaudible] and do stuff through funding in transit systems so +you know, we are getting better every [inaudible]. + Ms. Barragan. Recruiting and retaining a skilled cyber work +force is something the DHS and this committee has had a top +priority to do. Historically CISA has struggled to fill +important cybersecurity positions and I understand that TSA is +also looking to grow its cybersecurity work force. Mr. Kolasky, +does the new National Risk Management Center have enough of the +right people to carry out the ambitious goals you described +without depleting personnel from other parts of CISA? + Mr. Kolasky. We have all pledged not to cannibalize each +other so I think that is a good strategy here. + You know, we started with a good basis of analysts who have +experience, thinking about strategic risk, analyzing strategic +risks, doing planning, but we will be continuing hiring as we +go forward to establishing the National Risk Management Center, +we have about 20 positions that we are in the process of +filling so you know, as a director of an organization I always +want more talent; we are going to be pushing for it. I think we +have the ability to recruit people, becoming the Cybersecurity, +Infrastructure Security Agency is motivating us to get better +candidates; we are using tools, incentives to hire people and +things like that, but we want to keep pushing. + Ms. Barragan. Yield back. + Mr. Correa. Thank you, Mrs. Barragan. + I will now call on the gentlelady from New York, Miss Rice, +for 5 minutes for questions. + Miss Rice. I am familiar with one of the largest subway +systems that we have in this country, New York City Subway +System. It is a system that services 5.7 million people every +single day, traveling through 472 subway stations and across +662 miles of track--that is 1.8 billion people per year so I +wonder if there is a strategy specifically. I need to look into +this with the NYPD which I think is probably one of the premier +law enforcement agencies that you work hand-in-hand with. + Is there a strategy, and more importantly in New York City +where everyone is very impatient, and likes to get from Point A +to Point B as quickly as possible? You know, after 9/11 +everything changed about how you travel, when you go into the +airport. + Is there a public appetite for that kind of security system +before you enter any system and I guess this is really a +rhetorical question so that is just to throw that out there and +I mentioned the impatience of New Yorkers because anything that +slows down their travel is something that they will probably +squawk about but you know, I would hate to have that be +instituted after a terrible tragedy happens where the appetite +might be more [inaudible] another thing, I'd like to ask you +about is China's growing footprint in the United States. +Industrial supply chain and infrastructure. They are rooted in +part by the emergence of the state-owned China Railway Rolling +Stock Corporation, CRRC for short, which I am sure you are all +well aware but they have won 4 out of 5 large U.S. +transportation [inaudible] has won contracts with the +Metropolitan transportation authorities in Philadelphia, +Boston, Chicago, and Los Angeles. + Another source I believe of the anxiety around these +acquisitions concerns is the development that CRRC won these +contracts by placing low bids. Many critics point to the fact +that the company receives support from Chinese government +through state subsidies which other contractors do not. + But also you know, you have Members of Congress, the +Pentagon, and industry experts that have stated concerns about +China's capabilities in deploying Chinese manufactured subway +railcars to engage in cyber espionage and surveillance, similar +to the Government's concern when it comes to Huawei in the +telecommunications field. What is the level of concern that +either one of you have? You know, and I guess this is a supply +chain question as well, but it seems to me that this is like a +big red flag; I know that New York does not contract with CRRC +but just your thoughts on that, it seems like just such a huge +red flag. + Mr. Kolasky. So two versions of thoughts. One thing that we +have to do, what we can to protect our information to not allow +China to use business information. [inaudible] There is an +increased threat and risk out there. + If you ask our specific concerns about any one of these, it +is less about whether it is CRRC or anything, it is about +practices that have been put in place to make sure that risk +isn't being introduced into the system. + So you know, this really comes into procurement questions, +do we have tight procurement, let us please not go with the +lowest bidder price-wise if you are a Metro Transit Authority, +let us make sure that they hit pretty tough security +requirements and then you can make a price-based decision but +the security requirements have to be built into the contracts, +part of those security requirements is looking at the +manufacturing, where the manufacturer's going, getting eyes on +as a procurer with technical expertise to make sure risk isn't +being introduced at the point of manufacturing [inaudible] how +you set up the maintenance so I don't want---- + Miss Rice. Do you set up those requirements or at least the +laundry list of things that States and municipalities should +look at. How many States adhere to them? + Mr. Kolasky. So, I mean, we are still in the process of +working with the Transit Authorities. We had a conversation on +Friday where we shared some intelligence information around +that to help make decisions. Right now, I think there's an +opportunity for companies to put greater requirements into +procurement language, that is something that the TSA and us +will be working with the industry on. + Miss Rice. So what would be the pushback against adhering +to your guidelines? + Mr. Kolasky. I think when you talk to chief operating +officers, security officers, they want to do that, it is +pressures that they get from other pressures in---- + Miss Rice. With costs? + Mr. Kolasky. Yes. So you know, we understand that these +decisions are trade-offs. We want to be in the side of pushing +hard for security, recognizing that there are other pressures, +the business in the Transit Authority space. + Miss Rice. Whether it is interference in our election +process which is well-documented. I mean, we have so many +vulnerabilities across so many fundamental infrastructures in +this country that we have to have a serious conversation about +this and I just think that if you are going to set up +guidelines, we have to try to understand why States are not +going to adopt them and abide by them, if you are the agency +from whom they are supposed to be getting this? + Mr. Kolasky. Sure there is good procurement in there. + We agree you know, we will set the guidelines, we will help +them do that. When security-based procurement decisions or +informed procurement decisions are not happening, that is where +the Executive branch and Legislative branch should have a +conversation about what are the limitations for that happening. + I don't know, I don't want vulnerabilities to turn into +risk, they are vulnerabilities as you said but let us really +take a risk-based approach to where the priority should before +activity. + Miss Rice. When you come up with those guidelines, what +data are you using to kind-of push that information out, what +are you basing your concerns on in terms of the supply chain, +the procurement process? + Mr. Kolasky. Based on, first of all, seeing systems, so +where we see vulnerabilities let us stick with elections +perception, we have gone out and we have worked with States and +counties to look at their election systems, see some common +vulnerabilities, we do that. + Also working with the vendors in areas to understand you +know, areas where additional guidelines would help their own +security side and taking advice through these protected +conversations, through the Critical Infrastructure Partnership +Advisory Council structure, we are hearing me, as somebody who +wants to make a security decision, do not feel like I have all +the information I need to make a security decision. So it is +these conversations that help us. + Miss Rice. Do you have anything that you want to add? + OK. + Thank you. I yield back. + Mr. Correa. Thank you, Miss Rice. + I will call in the gentleman from Rhode Island, Mr. +Langevin. + Mr. Langevin. Thank you, Mr. Chairman. + I want to welcome our witnesses here today and thank you +for your testimony. + Before I begin, I just want to mention I concur with +Chairman Thompson [inaudible] keep the pipeline, cybersecurity +in the realm of TSA and not see it shipped over to DOE so I +think that is an important point to make and I am glad that it +is been raised here today. + Obviously with all this and I think this hearing is +essential to focus on transportation security especially to +cybersecurity, these are the things that keep me up late at +night you know, as you know, where is the most damage that can +be done is in the area of critical infrastructure, in a number +of fields and so one of the aspects I want to focus on today is +on pipeline security and obviously you need the right policies +and procedures and plans put in place, you need the right +people with the right expertise. + So, Ms. Proctor, let me start with you, December 2018 GAO +report indicated that staffing in the Pipeline Security +Division was a major challenge with a number of empties ranging +from 14 all the way down to 1, across several fiscal years. +What is the current staffing level of the Pipeline Security +Division? + Ms. Proctor. Today the current staffing level is 5 but I +think it is important to say that with the realignment that has +been directed by the administrator, we will be shifting into +the Security Operations organization where we will have the +benefit of the additional Transportation Security Inspectors in +the field. You know, there are 200-plus of them that will serve +all of surface transportation so our Pipeline Section will be +much larger, we will draw from that pool of Transportation +Security Inspectors to provide the training and the experience +to put them in the Pipeline Section. + Mr. Langevin. How many do you estimate will be in and +specifically dedicated to pipeline security, or are you talking +about, they are going to be leveraged across all those fields +and from time to time they will rotate into the pipeline +security, I am not clear on your answer? + Ms. Proctor. Well, we think the Pipeline Section is going +to require specialized training so we are going to put those +people in there, provide the training and make sure that they +are qualified to go out and do those assessments. + We have not arrived at a final number yet, we are still +working on some of the staffing issues or the shifting of +personnel because it will serve all of our surface +transportation partners in a way that is going to allow us to +put more people in the field working directly with our surface +transportation partners. + Mr. Langevin. So of the 5 that you mentioned, those staff, +how many have expertise in cybersecurity specific? + Ms. Proctor. I am sorry we have none that have specific +cybersecurity expertise. They do have pipeline expertise but +not cyber expertise. + Mr. Langevin. I find that a troubling answer but let me ask +you, across all TSA services, service transportation of course, +how many specialize in cybersecurity? + Ms. Proctor. TSA does not have cybersecurity specialists. +We rely on our colleagues at CISA for cyber expertise. I mean, +that is a specialized field so we do rely on the DHS experts to +provide that input and they have, we work directly with them +when we were developing the Pipeline Security Guidelines, and +got input from them to develop the current Pipeline Security +Guidelines that have a cybersecurity section in them. + Mr. Langevin. OK. So we will stay on the topic of pipeline +security, approximately how many Critical Pipeline Systems are +there again in the United States? You maybe talked about this +earlier on, but---- + Ms. Proctor. That number varies depending on mergers and +acquisitions, the number we work with is somewhere around a +120. + Mr. Langevin. OK so I [inaudible] at end of the year, I +mean, in your view given the number of pipelines that we are +talking about, is that adequate? Because it does not seem so to +me. + Ms. Proctor. I don't want to suggest that those are all of +the pipeline assessments that we do so we still do critical +facilities, security reviews and those are separate from the 10 +comprehensive cyber assessments that we are doing with CISA so +we will continue to do those critical facilities security +reviews. We completed 62 of those last year, even given the +resources that we are working with now, but the 10 that we are +referring to are going to participate in the Comprehensive +Cyber Security Assessments that we are doing with CISA. + Mr. Langevin. OK, before my time runs out, I want to ask +you, Ms. Proctor, again the TSA Cybersecurity Roadmap provides +for the development of an implementation plan to see it put +into practice so had the actual implementation plan then +developed? + Ms. Proctor. We are in the process of developing that plan +now. You know, we recognize the priorities in the cybersecurity +plan and the value that it is going to bring to us in surface +transportation. That plan is relatively new but we are +reviewing that plan now to determine how we can implement that +in surface transportation. + Mr. Langevin. When do you think the plan will actually be +finalized and is Congress going to be provided a copy of that? +Because we would like a copy. + Ms. Proctor. We would be happy to provide a copy of that +finalized plan and I can certainly provide you an update on +when--when we believe that is going to be finalized. As +indicated, we are working through a number of requirements +right now including the GAO requirements so we are working on +all of those concurrently. + Mr. Langevin. All right. Before my time runs out, I just +want to ask this though, how do you expect the [inaudible] with +the roll-out of the Roadmap and what additional resources, if +any, are required to carry out the new plan once it is +finalized? + Ms. Proctor. The Cybersecurity Roadmap is going to require +more coordination with CISA and we will have to determine the +resources based on how we see that plan rolling out and how we +see it being implemented across all of the surface +transportation modes, but we have been working very closely +together, so those are some things that we are going to have to +continue to work and to ensure that we can carry out the +administrator's intent on that plan. + Mr. Langevin. But the resources are going to be factored +in, and actually as the plan is finalized you are working +through those additional resource requests now as well? + Ms. Proctor. I am sorry, I didn't---- + Mr. Langevin. You are planning for additional resource +requests once the plan is finalized, is what I am hearing you +saying, correct? + Ms. Proctor. Yes sir. + Mr. Langevin. OK. + Thank you very much. + I will yield back. + Mr. Correa. Thank you, Mr. Langevin. + Now would like to call the gentlewoman from New Jersey, +Mrs. Watson Coleman, for 5 minutes of discussion. + Mrs. Watson Coleman. Thank you, Mr. Chairman. + Thank you very much for your testimony. What is the +greatest threat from a cybersecurity attack on the pipeline? Is +it that it would cut the flow of the natural gas or is it that +it would blow up, what is it? + Ms. Proctor. So we recognize that the threats to pipeline +from a cyber perspective do exist. Most of our significant +pipelines are controlled to some extent by computer systems +that manipulate valves and switches and controls---- + Mrs. Watson Coleman. Right. + Ms. Proctor. So that impact would more likely affect the +operation of the system. We would assume that it would affect +more the operation of the system, the flow perhaps of the +commodity. + Mrs. Watson Coleman. Is there any other kind of threat that +could result in either a leakage or an explosion that could be +triggered by some nefarious actors? + Mr. Kolasky. So I think we would like to have a follow-up +conversation with you about threats where we can be more +specific in a different setting. I don't mean to put you off-- +-- + Mrs. Watson Coleman. OK. + Mr. Kolasky. But I think that is more appropriate. + Mrs. Watson Coleman. Thank you, because I am concerned. Do +you work with FERC at all? + Ms. Proctor. Yes ma'am, we do. + Mrs. Watson Coleman. Because in New Jersey, in my district, +there's a PennEast pipeline and I visited a home and the +pipeline is going through that person's yard and as close as +you are to me, is as close to the pipeline is to the woman's +bedroom and so things like that concern me about the siting of +these pipelines but in addition FERC hasn't had the +responsibility, the requirement of saying whether the pipelines +are in the vicinity and that could be somehow accessed so that +we don't have so many pipelines, we just have the efficiency +that we need and you don't deal with that issue with FERC at +all in terms of siting, right? + Ms. Proctor. No ma'am. We don't deal with the issue of +siting at all. We do work closely with FERC and we have +conducted Cyber Architecture Assessments with FERC so---- + Mrs. Watson Coleman. But that is not proximity. That is not +location, that is infrastructure, right? + Ms. Proctor. Correct. + Mrs. Watson Coleman. If we have to have this conversation +in another setting but we keep talking about the +vulnerabilities that exists either in supply chain or in +cybersecurity or in any way impacting the safety and security +of any rail transportation, any pipelines and we say that we +are doing things to advise our clients, whomever of these +vulnerabilities. + Can you tell me in this setting: (A) How we identify these +vulnerabilities, and (B) how does the procurer ensure that +there's language or whatever that protects that item that they +are purchasing that is being built by China or anybody else? Is +that something that we can discuss here? + Mr. Kolasky. Yes. To some extent. I mean, first of all, I +want to reinforce that most of these worst-case scenarios, +there is a lot of fail-safes, there's layered defenses broken, +built in here and you know, one of our overall strategies is to +get better, better, better to make this stuff, the worst case +that you are imagining, incredibly complex and only +accomplishable by having physical access or doing things that +are likely to be picked up by a Layered Defense System. + So first and foremost strategy, it is better understanding +what is already put in place and putting in places to share +information as quickly as possible. When you make something +really complex just like with a terrorist attack, you are more +likely to see the plotting that is going on there---- + Mrs. Watson Coleman. Yes. + Mr. Kolasky. We have come a long way in that direction. Our +adversaries might continue to get better but you know---- + Mrs. Watson Coleman. Yes. + Mr. Kolasky. By making things complex is a good risk +management strategy. + Mrs. Watson Coleman. But I also want to know that when you +are purchasing rail cars, what is it that you tell the agency +that is advertising, these specific things are how you mitigate +the possible compromising of the safety and security of your +car or whatever? + Mr. Kolasky. Sure. So---- + Mrs. Watson Coleman. And---- + Mr. Kolasky. At the basic level we give them an overview of +business practices of companies and links to Chinese +intelligence doctrine, things that are available to understand +that there may be---- + Mrs. Watson Coleman. I am going to assume---- + Mr. Kolasky. Risks introduce into the system and then we +talk through what good procurement strategies are. + Mrs. Watson Coleman. I want to assume, worst-case scenario, +that we are purchasing cars from a company that means us no +good. I want to know specifically how do we protect against +that--what do we look for specifically to make sure that +whatever thing is that might compromise the safety of that car +and its passengers. How do we see it, how do we know it, how do +we look for it? [inaudible] + Mr. Kolasky. It leads to a follow-on discussion. + The last thing I would say is that one of the things we are +bringing in from a procurement perspective is the Federal +Government as a whole has experience in procuring things that +are really, really important to us and need to be secure and so +part of what we can do with DHS working with some of our folks +who do even bigger procurement is bring some of those +practices, share that with industry around so the relationship +with us and DOD and that sort of--in the testing that goes on +in National Labs, that stuff's really important to get to---- + Mrs. Watson Coleman. OK. + Mr. Kolasky. The level of fidelity you want. + Mrs. Watson Coleman. So I thank you. + My time is up and I just want to say, Mr. Chairman, I +somehow would like to have a discussion in another environment +as to exactly what these things are. + Mr. Correa. I would love to do that, if we can I will. + Mrs. Watson Coleman. Thank you very much. + Mr. Correa. I will talk to the staff and, Mrs. Watson +Coleman, let us see if we can do that. + Thank you very much and recognize Ms. Slotkin for 5 minutes +of questions. Thank you. + Ms. Slotkin. Yes. Hi, sorry to be late. I apologize. I am +happy to be the only one at this giant table down here. + I apologize if this is slightly repetitive. I like the-- +some of my other fellow Congress men and women, have pipelines +going through my district, some of them extremely close to the +homes, many of them the route had been changed without the +citizens' awareness and there's a lot of citizens who are +concerned about their safety, as we all would be. + So can you just walk me through in sort-of clear terms No. +1, what you have done to prevent cyber attack and then No. 2, +if there's a specific threat or a risk; I am from the +intelligence community, former CIA officer and was definitely +aware that there was plenty of time, there were Classified +information, threats, concerns, new techniques, that were +Classified so we couldn't actually communicate with local +businesses, with local communities, local law enforcement, even +on the real nature of the threat so what have--what are we +sort-of doing to protect ourselves and then tell me about your +modus operandi on presenting information down to unclassified +users? + Ms. Proctor. So with regard to the threat and this goes +back to our information sharing. Two weeks ago, I believe we +had a Classified briefing with members of the industry. It was +a Top-Secret Classified briefing to talk about the threat. As a +matter of fact, tomorrow we have another meeting with another +Classified briefing with industry so we have found ways with +our intelligence colleagues of providing the necessary +information that our industry partners need in order to protect +their industry from cyber threats so from the intelligence +perspective we have been able to manage that with our +intelligence partners. + I don't believe that there has been an unresolved issue +with the intelligence that we are providing. We are providing +everything that we can provide in the appropriate atmosphere, +with people who have the appropriate clearances so in terms of +the information I believe that we are getting that out to the +right people. + Mr. Kolasky. And---- + Ms. Proctor. On the--cyber side, I am going to let---- + Mr. Kolasky. You referenced community-level law +enforcement, and this is where the fusion centers, the DHS, +sponsors, come in very handy, there are somewhere around 85 +around the country and both with industry but more particularly +with law enforcement and people who have been close to +community-level decisions [inaudible] teleconferences and +things like that. + Then implied in your question, obviously is not everyone is +going to have a clearance no matter how good we get at doing +that so you know, we want to push, giving more out, the +unclassified assessment, as you probably can guess what was in +the Worldwide Threat Assessment that Director Coats talked +about, that takes a while to get that statement to be made but +that statement becomes important because it lights a fire on +the importance of this issue and we have been following up with +industry both in the Classified and unclassified community +space with that. + Ms. Slotkin. So related to that, if there was an incident +and because of declassification or problems with sharing, that +information did not get to the company, who is the senior +accountable official, who would be responsible for that mishap, +would it happen? + Mr. Kolasky. We within CISA have the ability to give +private-sector clearances out so we will facilitate private- +sector members getting access to information, depending on the +nature of the information you are talking about it is on us as +a Government, who have that information to give as quickly as +possible to the cleared community. I am not going to speculate +on the exact hypothetical--it is our job to make sure we have +opened up the channels to give Classified information. + We in other parts of the Government also have 1-day reading +authorities where if you don't have a clearance but you need to +have this information and so you know, I think we all feel +obligated to make sure that information gets in the hands of +somebody who could do something as soon as possible once we +know that is credible information. + Ms. Slotkin. OK. I would just say, again CIA and FBI +weren't communicating particularly well during 9/11. There has +to be accountability if there's mistakes; I am not saying +anyone's you know, God forbid, planning for mistake but it is +nice to know that you know, who is responsible for making sure +we pushed down this information to industry. + But I will yield back the rest of my time. + Mr. Correa. Thank our witnesses for your comments. + Now if I may, I would like to take a 5-minute recess and +then come back and start with our second panel. + Members please try to be back in 5 minutes. Thank you very +much. + [Recess.] + Mr. Correa. The committee will now come to order. + We will start with our second panel. + Our first witness is Mr. James Lewis, serves as senior vice +president and the director of the Technology and Public Policy +Program at the Center of Strategic International Studies. + Next we will have Ms. Rebecca Gagliostro, my apologies, who +is the director of security, reliability, and resilience at the +Interstate Natural Gas Association of America which is +comprised of 27 members representing a vast majority of +interstate natural gas transmission pipeline companies. + Next, we will have Mr. Erik Olson, who is a vice president +of the Rail Security Alliance, which is a coalition of North +American freight, rail car manufacturers, suppliers, unions, +and steel interest. + Finally, will have Mr. John Hultquist, who serves as +director of intelligence and analysis at FireEye. He has over +10 years of experience, covering cyber espionage, hacktivism, +and has worked in senior intelligence analyst positions in the +Department of State. + Without objection the witnesses' full statements will be +inserted to the record. + I will ask now each witness to summarize their statements +for 5 minutes, beginning with Mr. Lewis. + Thank you, welcome sir. + +STATEMENT OF JAMES A. LEWIS, SENIOR VICE PRESIDENT, CENTER FOR + STRATEGIC AND INTERNATIONAL STUDIES + + Mr. Lewis. Thank you. I thank the committee for the +opportunity to testify. + We have entered an era of connected devices sometimes +called the internet of things that offers real economic benefit +but comes with increased risk to homeland security and much of +this risk comes from the global supply chain. Most +infrastructure and transportation systems as you have heard are +connected to the internet in some way and depend on computers +for their operation. This includes electrical power systems, +pipelines, telecommunications and increasingly vehicles which +continuously connect back to their manufacturer wherever that +manufacturer is located and these connections provide +opportunities for espionage and service disruption. + As the committees have heard for many years, the state of +cybersecurity remains poor. Most networks can be hacked, cyber +crime continues to grow, and cyber attack is an essential part +of state conflict. + Our task is to mitigate risk. One way to do this is to ask +how a device connects to the internet, what information it +transmits, and how much transparency and control an operator +has over this data and connection. + Another way is to use three metrics: The value of data +collected; the critical [inaudible] variable data; perform +critical functions or whose disruptions could produce mass +effect, need to be held to higher standards. + Currently the internet of things is probably more +vulnerable to disruption than the regular good old internet. +For critical infrastructure we can ask how we would continue to +operate in the event of a malicious incident and to what degree +our control over these infrastructures are shared with a +foreign manufacturer. + Products from China require special attention. The +combination of increased Chinese espionage, new national +intelligence law on China, pervasive surveillance, and +heightened military tensions have led to a dangerous situation +but the United States and China share a deeply integrated +industrial base, disentangling this would be costly, although +some now talk of a divorce. China is not the only country that +could exploit cyber vulnerabilities and critical +infrastructure. Iran and Russia have probed pipelines and other +infrastructures, including electrical power. + There are several steps we can take to reduce risk. The +most obvious is to improve network and device security. DHS's +Cyber and Infrastructure Security Agency, CISA, should be the +center of this effort. + The development of security standards is essential. The +NIST Cybersecurity Framework is a strong start but it needs to +be amplified and expanded for specific technologies. Any +defensive measure must accept that we cannot keep a determined +opponent out of our networks. This means that we must also +consider measures to increase resiliency and allow for +continued operation, integrated environments; this is the goal +that DOD has. Better security requires oversight. This is +clearly a task for the committee but also for CISA. + Finally, a defensive approach by itself is inadequate. The +United States needs to develop credible threats to deter +foreign attackers and persuade them that interference in +critical infrastructure comes with the unacceptable risk of +retaliation. We do not have this now. That would be a useful +thing to do. + We haven't talked about the security premium which is what +many of us call it, it has come up several times [inaudible] in +part because it is subsidized by the government. There might be +a Chinese intent, it is worth looking at, this subsidy but it +means for companies--and we see this particularly with Huawei-- +they must choose between buying cheap good equipment or more +expensive equipment that is secure, and that is a difficult +choice. I am not sure everyone will always come out in the same +place. + Thank you for the opportunity to testify. I look forward to +your questions. + [The prepared statement of Mr. Lewis follows:] + Prepared Statement of James A. Lewis + February 26, 2019 + I would like to thank the committee for the opportunity to testify. +My testimony will discuss the risks to homeland security from the use +of Chinese technology and equipment. + Chinese companies face a serious branding problem in many +countries. There is a level of distrust that has been created in good +measure by Chinese government policies. The most prominent of these +policies are China's aggressive mercantilism, its disregard for +international law, its massive espionage campaign, and, for the United +States, its announced intention to displace America and become the most +powerful country in the world, reshaping international rules and +practices to better fit the interest of China's rulers. + Espionage has been a part of the of the Sino-American relationship +since China's opening to the West in 1979. It is worth remembering that +at this time, the United States and China shared a common enemy--the +Soviet Union. This created incentives for cooperation that have long +vanished. Chinese espionage initially focused on repairing the +disastrous effects of Maoist policies on China's economic and political +development. This meant the illicit or coercive acquisition of Western +technology. As China's cyber capabilities improved, beginning in the +late 1990's, some PLA units turned to hacking as a way to supplement +their incomes, moonlighting by stealing Western intellectual property +and then selling it to Chinese companies. + The illicit acquisition of technology is still a hallmark of +Chinese espionage activity, but there have been significant changes +since President Xi Jinping came to power in 2013. One of the first +things Xi did, reportedly, is order an inventory of Chinese cyber +espionage activities. He found that many of these had not been ordered +by Beijing, that Beijing did not have full control over tasking and +assets, and some operations were for private interest and did not meet +China's strategic requirements. + Xi changed this. The Chinese military has been reorganized as part +of a larger effort to modernize the PLA. Xi's anti-corruption campaign +greatly reduced the ability of PLA units to ``moonlight.'' Chinese +intelligence collection is better organized, more focused on strategic +priorities, and, some would say, better in performing its missions. +This comes at a time when, according to the U.S. intelligence +community, Chinese espionage has reached unprecedent levels. Today, +these efforts focus on the acquisition of advanced military and +commercial technologies, since China still lags the United States in +technology, as well as military and government targets. + The United States and China reached an agreement in 2015 to end +commercial cyber espionage, but it is generally believed that this +agreement has broken down in the last year. At the risk of sounding +overly dramatic, some would describe this situation as an undeclared +espionage war between China and the United States. In fact, this is not +a war, but a very intense contest where the United States is largely on +the defensive. Our allies also face a similar problem with Chinese +efforts in Australia, Japan, Germany, the United Kingdom, Canada, and +other advanced economies. + These activities create distrust, and a more specific ground for +distrust is China's 2017 National Intelligence Law. For some years, the +United States had advised China to move away from an informal, ad hoc +system of rules and put in place a formal legal structure based on +laws. The Chinese took our advice and one result is that long-standing +Chinese policies and practices have been codified into the 2017 +Intelligence Law. The most important part of that law for today's +hearing is that it creates a legal obligation for Chinese companies to +cooperate fully with intelligence agencies upon request. There are no +grounds for appeal or an ability to refuse such requests. + This means that a Chinese company could be completely innocent of +any wrongdoing, its products harmless, but a decision by the Chinese +government could change that in an instant. In the context of an +increasingly aggressive global espionage campaign, often conducted +using cyber techniques, there are reasonable grounds for the distrust +of Chinese products. The first question to ask is not whether you trust +a Chinese company, but whether you trust the Chinese government. + Concerns over the Intelligence Law have become so significant, in +part because of the implications of using Huawei telecommunications +equipment, that China's official news agency felt obliged last week to +put out a press release calling for a comprehensive and accurate +translation. China's Foreign Ministry pointed out that while Article 7 +of the law stipulates the obligation for Chinese companies and +individuals to ``support, assist, and cooperate'' with the country's +intelligence service, Article 8 stipulates that China's intelligence +service should carry out its work according to law, protect human +rights, and safeguard the legal rights and interests of individuals and +organizations. Unfortunately, this promise is undercut by China's +recent behavior in regard to human rights and in the protection (better +expressed as the absence of protections) for the intellectual property +of foreign companies. + We should note that China's government expresses similar concerns +over their reliance on Western technology, in part because they assume +the relationship between Western companies and government is the same +as the relationship between Chinese companies and the government. This +official distrust of Western products is one reason why Beijing is +spending billions of dollars to develop national sources of supply for +many technologies. These subsidies also provide commercial benefit, in +building national champions in Chinese industry and in eroding Western +companies' market position. + China also leads the world in building a national system of +pervasive domestic surveillance. Communications and social media are +monitored, and an array of sensors monitor and record activities in +urban areas. This sensor data is correlated with information held by +the government on Chinese residents' behavior and communications. This +pervasive surveillance is not popular among many Chinese, but it is +increasingly difficult to escape. One concern is that China will to +some degree extend this pervasive surveillance to countries and persons +of interest outside of China or extend its extensive cyber espionage +campaign to include coercive actions, like disrupting critical +services. This is not something China would do lightly, but the risk +cannot be dismissed. + The combination of increased espionage, new legal obligations, +pervasive surveillance, and heightened military tensions make for an +uncomfortable and potentially dangerous situation, with implications +for U.S. security. The United States and China share a deeply +integrated industrial base, constructed during the time when we assumed +that China was moving in the direction of becoming a market economy and +a security partner. Disentangling this deeply integrated supply chain +would be costly and damaging to both countries, but some in America now +talk about a ``divorce'' while China is spending heavily to reduce its +reliance on the United States. + Beyond the espionage risk, there is potential risk for critical +infrastructure that is growing. As more devices become connected to the +internet and reliant on software, the opportunities for disruption will +grow. This is not specifically a China problem, but a change in the +technological environment as millions of devices connect to the +internet in ways that China (or other malicious actors) could exploit +for coercive purposes. + As the committee has heard for many years, the state of +cybersecurity remains poor and almost any network or device can be +hacked with enough persistence. Cyber crime continues to grow, and +cyber tools have become an essential part of state conflict. If it is +any consolation, China's cybersecurity is worse than ours, if only +because of their frequent use of pirated software. Improving +cybersecurity should be a potential area for cooperation between the +two countries, but the current state of relations does not permit that. + An environment of connected devices, often called the internet of +things, is formed by devices that connect to the global internet, +usually without human intervention. We all have heard of smart cars but +many large systems in infrastructure and transportation also rely on +computers and connectivity. This environment will provide real economic +opportunities and benefits, but it also comes with an increase in risk. +Our task should be to estimate this risk and then develop strategies to +mitigate it. Different technologies and different companies create +different levels of risk, and there are several ways to assess this. + One way to scope risk is to ask how a device connects to the +internet, what on-board sensors it has, what information it collects +and transmits, and how much transparency, insight, and control an +operator has over this data and connection. Many large capital goods, +such as power technologies, pipelines, telecommunications and ships, +are continuously connected over the internet to their manufacturer, to +allow for status reports, maintenance scheduling, and for the updating +of software. This continuous connection provides an opportunity to +collect information and to disrupt services. Instead of an update, a +command could be sent to turn off or to reduce speed. + We have seen several examples of Chinese devices that report home, +from drones to surveillance cameras, with the concern that under the +new intelligence law, the Chinese government could compel the provision +of the data collected by these technologies. This kind of monitoring +and collection has been a standard practice for intelligence agencies +that will certainly extend to the internet of things, and the risks of +connected devices is compounded when their home is in a hostile foreign +power. + We could scope risk by measuring the cybersecurity status of +connected devices. The National Institute of Standards and Technology +(NIST) is developing, in partnership with industry, standards for the +security of IOT devices. But this is still at a relatively early stage. +In general, the internet of things will be no more secure than the +existing internet and may be more vulnerable, since many IOT devices +will use simple computers with limited functionality. + We can also assess risk by using three metrics--the value of the +data accessible through or collected by the IOT device, the criticality +of a function the connected device provides, and scalability of +failure. Devices that create or collect valuable data, perform crucial +functions, or that can produce mass effect, need to be held to higher +standards and face greater scrutiny. + For critical infrastructure, we need to ask the same questions +about using Chinese products that we would ask for any critical +infrastructure protection policy: How sensitive are the operations and +the data associated with or accessible through the infrastructure, what +would happen if the infrastructure was disrupted by an opponent, how +would we continue to operate and then recover in the event of a +malicious incident, and for foreign products, and to what degree is +control or access shared with the foreign manufacturer? + The type of data collected and transmitted is a crucial element of +a risk assessment. Intelligence analysis data is driven by access to +large amounts of data and the ability to correlate it with other data. +Data analytics provides new intelligence insights. A well-known example +is the hack attributed to China of the Office of Personnel Management +(OPM) and the theft of personal information. It is likely that OPM was +one of a series of related hacks, of insurance companies, airlines, and +travel agencies, that provided additional data that could be used to +gain insight into America, personnel and practices. This means that +even seemingly insignificant data, if correlated with other +information, may provide influence value. The more ``granular'' the +data, and whether it refers to specific individuals, the greater its +value. Less granular data, such as how many people are sitting on a +train or at which stop they exit, may not pose much risk. + Managing our new competition with China will be difficult given the +close interconnection between the U.S. and Chinese economies. This is a +30-year commercial and technological partnership not easily dismantled +by either side. Given the deep interconnections that have grown between +the Chinese economy and the rest of the world, a bifurcation similar to +that seen during the Cold War is not possible, and it is not now in our +interest. A greater degree of separation between the two economies is +necessary but must be carefully developed for specific technologies and +based on a judgment on the risk that their use could provide China with +an intelligence, military, or unfair commercial advantage. + These risks are manageable, and we have to contrast them to the +risk to the America economy from a violent disruption of trade with +China. Generally speaking, a complete divorce is not in our interest; +and it is certainly not in China's interest. There are specific +technologies and circumstances that require greater scrutiny and +countermeasures, but this does not apply across the board (at least at +this time). Working with our allies, we can modify China's behavior to +make this relationship more stable and less risky. We have done so in +the past, but this will be a process that will take years to complete, +and in the interim, there are steps we must take to reduce the risk of +Chinese interference and espionage. + The most obvious is continued work to improve network and device +security. This will require some measure of regulatory action and close +partnership with the affected industries and operators. One size does +not fit all when it comes to regulation, so the potential risk of IOT +and Chinese technology must be managed using the sector-specific model +developed in the previous administration, and partnerships between +companies, agencies with oversight, and DHS's new Cybersecurity and +Infrastructure Security Agency (CISA) should be the core of this +effort. + The development of security standards is a necessary complement to +any regulation or voluntary action. The NIST Cybersecurity Framework is +a good starting point for this but must be extended and modified for +different kinds of transportation systems. CISA's Transportation +Systems Sector Cybersecurity Framework Implementation Guide, published +in June 2015, provides guidance to owners and operators on how to +assess and implement cybersecurity standards. + All of these measures--voluntary action, regulation, and +standards--must be predicated on the knowledge that we cannot keep +opponents out of our networks and devices. We can make it harder for +them but not impossible. This means that measures to increase +resiliency, to allow for some level of continued operation in degraded +conditions is essential. This adds expense to critical infrastructure, +of course, and one part of any plan is to ask how this additional +burden will be funded and whether the increase in risk is outweighed by +the potential savings--we should not automatically assume that the mere +existence of risk cancels out financial benefits. + All of these steps require oversight to assess risk and +improvement. This is clearly a task for Congress and this committee, +but also for the responsible agencies, industry bodies, and, in +particular, for CISA. The key question for assessment is whether the +use of the Chinese technology increases the risk of disruption or +espionage, and the answer to this will depend in good measure on how +the Chinese products connect to the internet. + Finally, a purely defensive approach will be inadequate. The United +States needs to develop and articulate credible counterthreats to +dissuade and deter foreign attackers. This may require more than +sanctions and indictments. Although they are useful and have effect +over the long term, they may need to be reinforced other punitive +measures, part of a larger strategy on how to impose consequences and +change opponent thinking. Given the level of vulnerability and the +potential increase in risk from both the acquisition of foreign +technology and the digitizing of critical services, we must persuade +opponents that any interference will come with unacceptable risk or +retaliation by the United States. + There are trade issues that I have not touched upon, such as the +Chinese practice of building national champions through government +subsidies and, in some cases, industrial espionage. China also uses +non-tariff barriers and other protectionist mechanisms to hobble or +block competition from foreign firms in China. These Chinese practices +harm our National interests and should be opposed as part of a larger +effort to change China's behavior and move it in the direction of +reciprocity. + I thank the committee for the opportunity to testify and look +forward to any questions. + + Mr. Correa. Thank you, Mr. Lewis. + Now I would like to recognize, Ms. Gagliostro, to summarize +her statements in 5 minutes. + + STATEMENT OF REBECCA GAGLIOSTRO, DIRECTOR, SECURITY, +RELIABILITY, AND RESILIENCE, INTERSTATE NATURAL GAS ASSOCIATION + OF AMERICA + + Ms. Gagliostro. Thank you. + I am delighted to be here today to share our thoughts on +cybersecurity in the pipeline industry. My name is Rebecca +Gagliostro, director of security, reliability, and resilience +at the Interstate Natural Gas Association of America. + INGAA is a trade association that advocates regulatory and +legislative positions of importance to the Interstate Natural +Gas Pipeline Industry. Our 28-member companies operate +approximately 200,000 miles of interstate natural gas pipelines +that are analogous to the interstate highway system. Like the +highways that are the arteries for so much of our Nation's +commerce, interstate natural gas pipelines are the +indispensable link between U.S. natural gas producers and +consumers. + In my role at INGAA, I work directly with our members to +ensure that our pipeline infrastructure remains resilient, +safe, and secure. Cybersecurity is a priority for the Natural +Gas Pipeline Industry. INGAA member companies work worked +diligently to secure our Nation's critical gas transmission +infrastructure from both cyber and physical security threats. +Cybersecurity has been identified as the top operational risk +by the executive leadership of our member companies and we take +the management of this risk very seriously. + Last year in recognition of this priority, INGAA's board of +directors set forward with its commitment the Pipeline Security +Statement. This Statement enumerates specific actions that all +of our member companies are taking as part of their security +program. The Statement emphasizes among other things, our +commitments to following the Transportation Security +Administration's Pipeline Security Guidelines. + Industry security efforts seeks to reduce the risk posed by +successful attack targeting our infrastructure. A foundational +element of a well-informed risk management program is +comprehensive information sharing. This is the key point that I +would like to emphasize. Real-time actionable information is +vital to ensuring our pipeline operators are equipped with the +latest intelligence on threats. + Information sharing is occurring today between INGAA member +companies and other industry stakeholders through the work of +our Information Sharing and Analysis Centers also known as +ISACs, however this is not industry's responsibility alone. It +is imperative that we also have a cooperative working +relationship with our Government partners to help facilitate +information sharing. + We would like to note that there is strong information +sharing occurring today with our partners at TSA and the +Department of Homeland Security and we would like to see this +relationship continue. + INGAA believes that TSA's Pipeline Security Program is +making a difference as it continues to improve. We understand +that TSA has accepted the Government Accountability Office's +recommendations for improving the management of its Pipeline +Security Program and it is now in the process of implementing +changes in response to those recommendations. INGAA strongly +believes that if followed these recommendations will help to +make a stronger and more robust program. + The increasing threat of nation-states cybersecurity +attacks and interdependencies across our critical +infrastructures means that we must work together across +industry and Government to protect ourselves against threats. +The work that TSA and the Department of Homeland Security are +doing with the National Risk Management Center is a very +positive step toward the end goal of protecting the Nation from +cybersecurity threats. + Threats to critical infrastructure cannot be evaluated in +isolation; all critical infrastructures are being targeted, +therefore we must identify the best ways to work together to +protect our National security. + In October, TSA and DHS announced their joint partnership +in the Pipeline Cybersecurity Assessment Initiative which is +working to conduct Comprehensive Cybersecurity Assessments to +pipeline infrastructure. Assessments play a critical role in +providing the assurance that these programs are working. TSA +has already piloted one INGAA member assessment in 2018 and our +members continue [inaudible] we believe that progress has been +made in securing our pipeline infrastructure and we should +continue to focus on improving TSA's Pipeline Security Program. + The growing threat of nation-state cyber attacks requires a +coordinated and comprehensive approach backed by strong +information sharing across all critical infrastructures sectors +and across all Federal agencies supporting National Security. +TSA's on-going work with the National Risk Management Center is +helping to bridge that gap. + We urge Congress to support TSA's efforts to improve its +program and provide the necessary guidance and funding for +additional program-management staffing and cybersecurity +expertise that can work alongside the National Risk Management +Center and support the Pipeline Cybersecurity Assessment +Initiative. We believe that this, in addition to the efforts +that are already under way, will help to make TSA successful in +its mission to protect the Nation's pipeline infrastructure. +Thank you. + [The prepared statement of Ms. Gagliostro follows:] + Prepared Statement of Rebecca Gagliostro + February 26, 2019 + Good morning Chairmen Correa and Richmond, Ranking Members Lesko +and Katko, and Members of the subcommittees. I am delighted to be here +today to share our thoughts on cybersecurity in the pipeline industry. +I am Rebecca Gagliostro, the director of security, reliability, and +resilience at the Interstate Natural Gas Association of America +(INGAA). INGAA is a trade association that advocates regulatory and +legislative positions of importance to the interstate natural gas +pipeline industry in the United States. INGAA's 28 members operate +approximately 200,000 miles of interstate natural gas pipelines that +are analogous to the interstate highway system. Like the highways that +are the arteries for so much of our Nation's commerce, interstate +natural gas pipelines are the indispensable link between U.S. natural +gas producers and consumers. In my role at INGAA, I work directly with +our members to ensure that our pipeline infrastructure remains +resilient, safe, and secure. +Cybersecurity is a priority for the natural gas pipeline industry + INGAA member companies work diligently to secure our Nation's +critical gas transmission infrastructure from cyber and physical +security threats. The boards of directors and executive leadership of +our member companies have identified cybersecurity as a top operational +risk and take the management of this risk very seriously. Last year, in +recognition of this priority, INGAA's board of directors stepped +forward with its Commitments to Pipeline Security\1\ statement, which +enumerates specific actions that all of our member companies are taking +to identify, protect, detect, respond to, and recover from security +threats targeting our systems. In addition, the statement emphasizes +our members' commitments to following the Transportation Security +Administration's (TSA's) Pipeline Security Guidelines and the National +Institute of Standards and Technology's (NIST's) Cybersecurity +Framework, and to engaging in comprehensive information sharing across +the industry and with our Federal partners. These are the foundations +to building and maintaining strong pipeline security programs. +--------------------------------------------------------------------------- + \1\ INGAA Commitments to Pipeline Security, https://www.ingaa.org/ +File.aspx?- id=34310&v=db10d1d2. +--------------------------------------------------------------------------- + INGAA's commitments provide a high-level roadmap of what our member +companies are doing to secure our infrastructure, as appropriate for +public dissemination. In practice, our members' security programs are +far more extensive than the information that may be conveyed by these +commitments. It is our firm belief that we must be continually vigilant +and entirely committed to the on-going improvement of our security +defenses because the adversaries seeking to harm infrastructure of all +kinds, including natural gas pipelines, are nimble and the threats they +pose are evolving. +Pipeline operators take a risk-management approach to addressing + security threats + Industry security efforts seek to reduce the risk posed by a +successful attack targeting our infrastructure. This risk-informed +approach helps us prioritize our actions and allocate appropriate +resources toward the highest priority. Pipeline operators utilize a +variety of tools and resources, like the NIST Cybersecurity Framework +and the TSA Pipeline Security Guidelines, to build well-rounded +cybersecurity programs that effectively assess and manage the risks +that we face. We recognize that cybersecurity risk management +strategies must be comprehensive in nature and must implement measures +to both reduce the likelihood of a successful attack and mitigate the +impacts of a successful attack, should one occur. As such, pipeline +operators assess their security programs using a variety of resources +such as Federal assessment programs, self-assessments, peer reviews, +and third-party vulnerability and penetration tests. Exercises and +tabletops also play an important role in testing our security programs, +sharing information with our peers about our security practices, and +planning for how we will work across industry, interdependent sectors +and with first responders during an incident. + A foundational element of a well-informed risk management program +is comprehensive information sharing. This is a key point that deserves +emphasis. Real-time, actionable information is vital to ensuring +pipeline operators are equipped with the latest intelligence on +threats, including known tactics, techniques, and mitigative measures. +This, in turn, enables operators to evaluate their risks and tailor an +approach that best fits the needs of their individual systems and +environments. Strong information sharing already occurs today between +INGAA member companies and other industry stakeholders through the work +of our information sharing and analysis centers (ISACs), including the +Downstream Natural Gas (DNG) ISAC and the Oil and Natural Gas (ONG) +ISAC. However, this cannot be industry's responsibility alone. It is +imperative that we also have a cooperative relationship with our +Government partners to facilitate rapid information sharing. It is +worth emphasizing that the pipeline industry has a strong information- +sharing relationship with our partners at TSA and U.S. Department of +Homeland Security (DHS). We would like to see this relationship of +trust continue and develop, as we look toward these agencies to +declassify threat intelligence and provide us with the timely, +actionable information necessary to protect our systems and +infrastructure. +The Transportation Security Administration pipeline security program is + improving + The Aviation and Transportation Security Act (Pub. L. 107-71) +(``ATSA'') vested the Transportation Security Administration with +authority over pipeline security. Pursuant to this authority, TSA +offers guidance on expected practices and procedures necessary to +secure the Nation's critical pipeline infrastructure. TSA offers +several programs, tools, and products to assist pipeline operators with +protecting their infrastructure, including Critical Facility Security +Reviews, Corporate Security Reviews, Pipeline Cybersecurity +Assessments, Smart Practices, I-STEP, Security Awareness Training +Videos, and the International Pipeline Security Forum. + TSA acknowledges that there remains room for improvement in its +pipeline security program. The agency has accepted the recommendations +for improving the management of its pipeline security program that were +made by the Government Accountability Office and is in the process of +implementing them. INGAA strongly believes that if followed, these +recommendations will help to make a stronger and more robust program. + Following the tragic events of September 11, 2001, TSA's security +program was rooted in the physical security threats targeting our +critical infrastructure. As acknowledged in a recent statement by +Director of National Intelligence Dan Coats, sophisticated nation- +state-backed cybersecurity capabilities present a real threat to our +critical infrastructure. These threats have led to increased emphasis +by TSA and our sector on protecting pipeline infrastructure from +cybersecurity threats. It is important to stress that these threats are +faced by all critical infrastructure and not just natural gas +pipelines. The increasing interdependence across the segments of our +Nation's critical infrastructure means that we must work together +across industry and Government to protect ourselves against these +threats. + The work that TSA and DHS are doing through the National Risk +Management Center (NRMC) is a very positive step toward the end goal of +protecting the Nation from cybersecurity threats. These agencies are +working together to understand how sophisticated, nation-state threat +actors seek to identify ways to harm all U.S. critical infrastructure. +We believe this approach is significant because these threats cannot be +analyzed effectively in isolation. All critical infrastructure is being +targeted; therefore, we must identify the best ways to work together to +protect our National security. + In October, these agencies announced the Pipeline Cybersecurity +Assessment Initiative, which is working to conduct comprehensive +cybersecurity assessments of natural gas infrastructure to better +understand the unique risks faced by our infrastructure as well as to +identify how best to protect it. In addition to having a recognized +baseline of practices, assessments are critical to providing assurance +that these programs are working. TSA has already piloted one INGAA +member assessment in 2018, and INGAA members continue to volunteer to +participate in these new assessments in 2019. +Next steps for building upon progress to secure pipeline infrastructure + INGAA believes that progress has been made in securing our pipeline +infrastructure and that the focus should be on continuing to improve +TSA's pipeline security program. Threat actors regularly develop and +refine their tactics, and we must do the same. The increased +coordination between TSA and DHS's Cybersecurity and Infrastructure +Security Agency (CISA) through the NRMC is an appropriate response to +the enhanced need for cybersecurity expertise to support industry's +efforts to protect our critical infrastructure against these growing +threats. We understand TSA has embraced GAO's recommendations as a +roadmap for improving its pipeline security program and is already +taking steps to respond to them. + INGAA and its member companies will continue to support TSA's +efforts. This includes volunteering for assessments, sharing +information about indicators of compromise and about how member +companies are securing their infrastructure, and participating in +cross-sector exercises so we can better determine how the different +segments of critical infrastructure must work together. + The growing threat of nation-state-backed attacks requires a +coordinated and comprehensive approach across all critical +infrastructure and across all Federal agencies supporting National +security. INGAA believes that TSA's on-going work with the NRMC and +CISA is bridging that gap. We urge Congress to support TSA's efforts to +improve its program and to provide the necessary guidance and funding +for additional program management staffing and cybersecurity expertise +that can work directly with the NRMC and support the new Pipeline +Cybersecurity Assessment Initiative. INGAA believes that this +supplement to efforts already under way will help make TSA successful +in its mission to protect the Nation's pipeline infrastructure. + + Mr. Correa. Thank you very much for your testimony. + Now I will recognize, Mr. Olson, for 5 minutes. + + STATEMENT OF ERIK ROBERT OLSON, VICE PRESIDENT, RAIL SECURITY + ALLIANCE + + Mr. Olson. Chairman Correa, Chairman Richmond, Ranking +Member Lesko, and Members of the subcommittees, my name is Erik +Olson, and I am the vice president of the Rail Security +Alliance. The Rail Security Alliance is a coalition of North +American freight rail manufacturers, suppliers, unions, and +steel interests, committed to ensuring the economic and +National security of our passenger and freight rail systems. On +behalf of our coalition thank you for the opportunity to +testify on the critical topic of securing our surface +transportation systems against cyber and privacy threats. + With thousands of miles of railroad covering the United +States, freight rail regularly transports everything from +sensitive U.S. military equipment, to toxic and hazardous waste +every day. On the passenger side millions of Americans rely on +the commuter rail system daily. U.S. Rail System is also highly +sophisticated, relying on a constantly expanding network of +technology that dramatically increases its risks to cyber +attack and hacking. + Today I want to draw the committee's attention to a +particular threat arising from foreign investments in this +industry that jeopardizes directly the future of America's +Passenger and Freight Rail Systems. This threat is China. + China is strategically targeting the U.S. rail +manufacturing sector with aggressive anti-competitive tactics +and how do we know that? Well, to date they have secured 4 U.S. +metropolitan transit contracts in Boston, Chicago, +Philadelphia, and Los Angeles, largely by utilizing anti- +competitive under-bidding practices. These aggressive and anti- +competitive activities are not unusual for China state-owned +rail sector and raise grave National concerns, security +concerns that demand immediate attention. + Without decisive action America's industrial, military, and +other Government interests could be forced to rely +significantly or wholly on rail cars made by the Chinese +government thus creating massive cyber vulnerabilities that +threaten our Nation. + The Made in China 2025 Initiative, a key component of +China's 13th 5-Year Plan identifies the rail manufacturing +sector as a top target for Chinese expansion. This initiative +has systematically and deliberately driven strategic investment +and financing activities of the state-owned China Railway +Rolling Stock Corporation, CRRC, in third-country markets and +the United States. CRRC is wholly owned by the government of +China. It has 90 percent of China's domestic market for +production of rail locomotives, bullet trains, passenger +trains, and Metro vehicles. + In just the last 5 years alone in the United States, we +have witnessed CRRC execute a business strategy to take market +share in the U.S. transit rail manufacturing sector deploying +near-limitless financing from its home government, allowing +CRRC to establish itself as a formidable force in the U.S. rail +transit manufacturing base. + Emboldened with these contract victories, CRRC continues to +target other U.S. cities including our Nation's capital. In +September the Washington Metropolitan Transit Authority, WMATA, +issued a request for proposal for the new 8000-series Metro +Car. This RFP includes numerous technologies which are +susceptible to cyber attacks. Whoever is selected to supply +rail cars for WMATA will become a partner in the day-to-day +operations of a Metro System whose stops include the Pentagon, +the Capitol, as well as unfettered access to D.C.'s tunnels and +underground infrastructure. As CRRC itself has stated, their +objective is to conquer the rest of the global rail market-- +need I say more? Whether they be State, local, or Federal +funds, American taxpayer dollars should not be used to +subsidize the activities of a Chinese state-owned enterprise +and compromise American security. + Based on the experiences of Australia, which this graph +denotes, whose domestic industry, CRRC was able to wipe out in +under a decade, we are equally concerned that CRRC will +leverage its growing presence in the U.S. transit rail +production to then pivot into freight rail assembly; we cannot +allow this to happen here. + [The information follows:] + +[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] + + Mr. Olson. Yet the Department of Homeland Security deems +the U.S. rail sector as a part of the Nation's critical +infrastructure, running through every major American city and +every military base in the Nation. We have had extensive +discussions with representatives from DOD and based on those +discussions, I am confident that the Secretary of Defense will +express his concerns on this matter as well. + As China's CRRC becomes more dominant [inaudible] should +the United States rely on a Chinese state-owned enterprise for +the production of our countries freight and passenger rail +cars, the position of RSA is a resounding, no. The strategic +targeting of our Nation's infrastructure by the government of +China and its state-owned enterprises poses a fundamental +threat to the fabric of our critical infrastructure and is a +pressure point for malicious cyber actors to threaten not only +the economic and National security of the United States but our +standing as a global power. + Thank you again for the opportunity to testify. I look +forward to answering any questions you may have. + [The prepared statement of Mr. Olson follows:] + Prepared Statement of Erik Robert Olson + February 26, 2019 + introduction + Chairman Correa, Chairman Richmond, Ranking Member Lesko, Ranking +Member Katko, and Members of the subcommittees, my name is Erik Olson +and I am the vice president of the Rail Security Alliance. The Rail +Security Alliance is a coalition of North American freight rail car +manufacturers, suppliers, unions, and steel interests committed to +ensuring the economic and National security of our passenger and +freight rail systems. On behalf of our coalition, thank you for the +opportunity to testify on the critical topic of securing our surface +transportation systems against cyber and privacy threats. + Rail in the United States is an integral component of our critical +infrastructure and our way of life. With nearly 140,000 miles of +railroad covering the United States, freight rail regularly transports +key commodities, sensitive U.S. military equipment, hazardous waste, +potentially toxic and hazardous chemicals, and flammable liquids across +the country every day. On the passenger side, millions of Americans +rely on commuter rail systems every day. The U.S. rail system is also +highly sophisticated, relying on a constantly expanding network of +technology and digitization that dramatically increases its risk to +cyber attack and hacking. + Today, I want to draw the committee's attention to a particular +threat arising from foreign investment in this industry that +jeopardizes the future of America's passenger and freight rail systems. +China is strategically targeting the U.S. rail manufacturing sector, +with aggressive, strategic, and anticompetitive actions. Thus far they +have secured four U.S. metropolitan transit contracts, largely by +utilizing anticompetitive under-bidding practices. With China's +government picking up U.S. transit rail manufacturing contracts, the +Chinese are now using their rail manufacturing capabilities to assail +the U.S. freight manufacturing sector in a move that is reminiscent of +what has already occurred in third-country markets such as Australia. +This activity is a pattern for China's state-owned rail sector and +raises grave National security concerns. Without action, America's +industrial, military, and other Government interests could be forced to +rely significantly or wholly on rail cars made by the Chinese +government, thus creating massive cyber vulnerabilities that threaten +our military and industrial security. + china's state-owned enterprises target u.s. rail manufacturing + The ``Made in China 2025'' initiative, a key component of China's +13th Five-Year plan,\1\ identifies the rail manufacturing sector as a +top target for Chinese expansion. This initiative has systematically +and deliberately driven strategic investment and financing activities +of the state-owned China Railway Rolling Stock Corporation (CRRC) in +third-country markets and the United States. CRRC is wholly owned by +the government of China and it has 90 percent of China's domestic +market for production of rail locomotives, bullet trains, passenger +trains, and metro vehicles.\2\ In 2015, CRRC reported revenues of more +than $37 billion \3\--significantly outpacing the entire U.S. rail car +market, which had $22 billion of output during the same year.\4\ +According to Chinese state media, CRRC plans to increase overseas sales +to $15 billion by next year alone. This represents about double the +level of export orders from just 4 years ago \5\ and according to +CRRC's own presentation materials the U.S. market remains a prime +target to, as they put it, ``conquer.''\6\ +--------------------------------------------------------------------------- + \1\ U.S.-China Economic and Security Review Commission, 2016 Report +to Congress, November 2016, at 100. + \2\ Langi Chiang, China's largest train maker CRRC Corp announces +12.2 billion yuan in contracts, South China Morning Report, July 23, +2015. https://www.scmp.com/business/companies/article/1842983/chinas- +largest-train-maker-crrc-corp-announces-122-billion-yuan. + \3\ CRRC Corporation, 2015 CRRC Annual Report, https:// +www.crrcgc.cc/Portals/73/Uploads/Files/2016/8-23/ +636075436968234671.pdf. + \4\ Oxford Economics, Will We Derail US Freight Rolling Stock +Production?, May 2017, at 24. + \5\ Brenda Goh, China Trainmaker CRRC to build more plants abroad +in expansion plan: China Daily, REUTERS, Dec. 5, 2016, http:// +www.reuters.com/article/us-crrc-expansion-idUSKBN13U0EJ. + \6\ @CRRC_global, ``Following CRRC's entry to Jamaica, our products +are now offered to 104 countries and regions. So far, 83 percent of all +rail products in the world are operated by #CRRC or are CRRC ones. How +long will it take for us conquering the remaining 17 percent?'' +Twitter, January 11, 2018. https://twitter.com/CRRC_global/status/ +951476296860819456. +--------------------------------------------------------------------------- + Using State-backed financing, subsidies, and an array of other +government resources, CRRC has strategically targeted and sought to +capture the U.S. railcar manufacturing sector. In just the last 5 years +the United States has witnessed CRRC establish rail assembly operations +for transit railcars in 3 States, along with additional research and +bidding operations in several others. By beginning with a business +strategy to take market share in the U.S. transit rail manufacturing +sector and deploying near-limitless financing from its home government +to help lower the well-below-market bids for new U.S. metropolitan +transit projects, CRRC has quickly established itself as a formidable +force in U.S. transit rail competition. + Several recent cases involving CRRC bids for new transit rail +projects serve as compelling examples of the strategy being employed by +China to capture our rail systems: + CRRC bid $567 million to win a contract with the + Massachusetts Bay Transit Authority (MBTA) in Boston in 2014, + coming in roughly 50 percent below other bidders.\7\ +--------------------------------------------------------------------------- + \7\ Bonnie Cao, After Winning MBTA Contract, China Trainmaker CRRC +Plans American Expansion, Boston Globe, Sept. 11, 2015. https:// +www.bostonglobe.com/business/2015/09/11/after-winning-mbta-contract- +china-trainmaker-crrc-plans-american-expansion/jnS1kU7uHWF- +GR9gjWmDEjM/story.html. +--------------------------------------------------------------------------- + In 2016, CRRC won a contract to provide transit rail for the + Chicago Transit Authority (CTA), bidding $226 million less than + the next-highest bidder.\8\ +--------------------------------------------------------------------------- + \8\ Corilyn Shropshire, First Step to New CTA Rail Cars: Build the +Factory in Chicago, Chicago Tribune, Mar. 16, 2017. http:// +www.chicagotribune.com/business/ct-cta-new-railcar-plant-0316-biz- +20170315-story.html. +--------------------------------------------------------------------------- + In early 2017, CRRC bid $137.5 million for a contract with + Southeastern Pennsylvania Transportation Authority (SEPTA) in + Philadelphia, underbidding the next-lowest bidder--which had a + robust local manufacturing presence--by $34 million.\9\ +--------------------------------------------------------------------------- + \9\ Jason Laughlin, Mass.-Based Company with Chinese Backing Beats +Local Group for SEPTA Car Contract, The Philadelphia Inquirer, Mar. 21, +2017. http://www.philly.com/philly/business/transportation/Mass-based- +company-with-Chinese-backing-beats-out-local-group-for-SEP- TA-car- +contract.html. +--------------------------------------------------------------------------- + In March 2017, CRRC finalized a contract with the Los + Angeles County Metropolitan Transportation Authority for its + transit rail system worth up to $647 million.\10\ Again, China + did this by leveraging below-market financing, which in turn + undercut other bidders. +--------------------------------------------------------------------------- + \10\ Keith Barrow, Los Angeles Orders CRRC Metro Cars, +International Railway Journal, Mar. 24, 2017. http:// +www.railjournal.com/index.php/north-america/los-angeles-orders-crrc- +metro-cars.html. +--------------------------------------------------------------------------- + Emboldened with these contract wins, CRRC continues to target other +U.S. cities, including our Nation's capital. In September, the +Washington Metropolitan Transit Authority (WMATA), which is the second- +largest mass transit system in the country, issued a Request for +Proposals (RFP) for the new 8000-series metro car. This RFP includes +video surveillance, monitoring and diagnostics, data interface with +WMATA, and automatic train control systems that are susceptible to +cyber attacks. In response to concerns expressed by a number of +lawmakers, including the Vice Chairman of the Senate Intelligence +Committee, WMATA re-issued its RFP to include additional cybersecurity +protections.\11\ +--------------------------------------------------------------------------- + \11\ Sean Lyngaas, D.C. Metro system beefs up supply chain +cybersecurity provisions for new rail cars, Cyberscoop, February 6, +2019. https://www.cyberscoop.com/metro-dc-subway-cyberscecurity-rfp/. +--------------------------------------------------------------------------- + But the Rail Security Alliance's concerns do not end there. +Whomever is selected to supply rail cars for WMATA will become a +partner in the day-to-day operations of a Metro system whose stops +include the Pentagon and the Capitol, as well as unfettered access to +our Nation's tunnels and underground infrastructure. + We couple this reality with two additional critical facts. First, a +Classified report written by WMATA's inspector general recently +concluded that there were significant shortcomings in WMATA's +enterprise-level cybersecurity posture.\12\ Second, just last week the +New York Times noted that ``businesses and government agencies in the +United States have been targeted in aggressive attacks by . . . Chinese +hackers . . . ''.\13\ So, in light of China's pervasive history of +cyber espionage and hacking, it is the position of the Rail Security +Alliance that we cannot trust a Chinese state-owned enterprise to +build, own, or operate in U.S. critical infrastructure. +--------------------------------------------------------------------------- + \12\ Ryan Johnston, D.C. Metro needs to improve its cybersecurity, +audit finds, Statescoop, July 9, 2018. https://statescoop.com/wmata- +incident-response-audit-calls-for-improved-cybersecurity-plan/. + \13\ Nicole Perlroth, Chinese and Iranian Hackers Renew Their +Attacks on U.S. Companies, New York Times, February 18, 2019. https:// +www.nytimes.com/2019/02/18/technology/hackers-chinese-iran-usa.html. +--------------------------------------------------------------------------- + These developments are even more alarming because they provide CRRC +the opportunity to pivot into freight rail assembly, a subsector of +rail not protected by the same Buy America requirements as transit +rail, and one that represents a troubling vulnerability if overtaken by +the government of China. Even so, CRRC is making steady and deliberate +headway into this sector with the launch of Vertex Rail Corporation and +American Railcar Services. Vertex Rail Corporation is now, a defunct +freight rail assembly facility that was based in Wilmington, North +Carolina. On the other hand, American Railcar Services is a separate +assembly facility headquartered in Miami, FL that maintains assembly +operations in Moncton, New Brunswick. + Concerns about CRRC's transition into freight rail manufacturing +are best illustrated by the recent experiences of third-country markets +like Australia, whose freight rail manufacturing sector CRRC entered in +2008. In less than 10 years, CRRC effectively decimated the sector, +forcing the 4 domestic suppliers out of business and out of the rail +market which left only CRRC standing. Today, almost no meaningful +Australian passenger or freight rolling stock manufacturing exists-- +CRRC's Australia footprint is almost exclusively that of an assembler +of Chinese-made parts and a financier of purchases from CRRC. We cannot +let that happen here. + + +[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] + + implications for national security + Unlike the U.S. maritime shipping industry, whose security is +protected by the Jones Act, a measure that requires vessels +transporting goods between U.S. ports to be U.S.-built and majority +U.S.-owned, freight rail in America has been left comparatively +unprotected. Yet, the Department of Homeland Security (DHS) deems the +U.S. rail sector as part of the Nation's critical infrastructure,\14\ +noting that 140,000 rail miles enable U.S. freight rail to run through +every major American city and every military base in the Nation. The +Department of Defense (DoD), which itself maintains a fleet of more +than 1,300 rail cars, has also designated nearly 40,000 miles of +freight rail as part of the Strategic Rail Corridor Network (STRACNET), +a comprehensive rail network that connects military bases and maritime +ports across the country.\15\ We have had extensive discussions with +representatives from the Department of Defense, and based on those +discussions I am confident that the Secretary of Defense would express +his concerns on this matter as well. +--------------------------------------------------------------------------- + \14\ Presidential Policy Directive 21 (PPD-21) identifies 16 +critical infrastructure sectors, including ``Transportation Systems.'' +The Department of Homeland Security defines ``Freight Rail'' as 1 of +the 7 key subsectors. See generally, PPD-21, Critical Infrastructure +Security and Resilience, Feb. 12, 2013, https://www.whitehouse.gov/the- +press-office/2013/02/12/Presidential-policy-directive-critical- +infrastructure-security-and-resil and Transportation Systems Sector, +Dep't of Homeland Sec., Mar. 25, 2013, http://www.dhs.gov/ +transportation-systems-sector. + \15\ ``Strategic Rail Corridor Network (STRACNET),'' Global +Security, 2012. https://www.globalsecurity.org/military/facility/ +stracnet.htm. +--------------------------------------------------------------------------- + Because freight rail transports not only military freight and +industrial products, but also nuclear material and hazardous chemicals +that can be safely and effectively transported only by rail, there is a +serious risk that the technologies in these systems could be +compromised by a malicious actor. As noted by Brig. Gen. John Adams +(USA, Ret.) in a 2018 report on the vulnerabilities of freight +rail,\16\ our rail system's rapidly expanding internet of things (IoT) +capabilities presents an array of National security challenges that +include: +--------------------------------------------------------------------------- + \16\ National Security Vulnerabilities of the U.S. Freight Rail +Infrastructure and Manufacturing Sector--Threats and Mitigation, +Brigadier General John Adams, US Army (Retired), October 22, 2018. +--------------------------------------------------------------------------- + A digitized railroad network/the internet of things.-- + Integrated teams of data scientists, software developers, and + engineers develop and apply technology across every aspect of + the Nation-wide freight rail network, effectively increasing + the vulnerability of industrial control systems, train + operations, and perhaps even the industry's metadata + warehousing centers to cyber threats. + Rail Signaling.--Congress has mandated the installation of + positive train control (PTC) systems on much of the Nation's + rail systems as a means of preventing specific accidents. A + malicious cyber breach of PTC or underlying existing rail + signaling systems could wreak havoc and cause accidents or + derailments on the highly interdependent freight railway + network. + Locomotives.--Rail locomotives rely upon hundreds of sensors + to monitor asset health and performance of train systems. + On-board Freight Car Location & Asset Health Monitoring.-- + Thousands of freight cars are equipped with telematics or + remote monitoring equipment, many of which are carrying + hazardous materials like chlorine, anhydrous ammonia, ethylene + oxide, and flammable liquids. This tracking technology includes + a wireless communication management unit to track precise near- + real-time location via GPS, direction of travel, speed, and + dwell time within the Transportation Security Administration + (TSA)'s 45 designated high-threat urban areas (HTUAs).\17\ +--------------------------------------------------------------------------- + \17\ The Transportation Security Administration defines an HTUA as +an area comprising one or more cities and the surrounding areas, +including a 10-mile buffer zone. +--------------------------------------------------------------------------- + End-of-Train Telemetry (EOT).--The FRA requires all freight trains +operating on excess of 30 mph to be equipped with a 2-way EOT device +that tracks GPS location and can allow a locomotive engineer to +initiate an emergency brake application, a critical safety feature for +trains that can stretch upwards of 10,000 feet long (See Attachment A). + The presence of these evolving technologies underscores the clear +danger of a foreign country, and particularly the government of China +and its state-owned enterprises, having undue control of freight +manufacturing in the U.S. market. Already, there are reports of Chinese +manufacturers investigating the production of their own ``telematics'' +technology to allow the monitoring and control of their rail cars.\18\ +On the transit side, China is already boasting about how it has +utilized the latest advances in AI and facial recognition technology to +identify and track its 1.4 billion citizens,\19\ creating a very real +prospect that they could do the same here in the United States. +--------------------------------------------------------------------------- + \18\ China plans ``smart trains'' to take on global rail companies, +CHINA DAILY, March 10, 2016, http://english.chinamil.com.cn/news- +channels/2016-03/10/content_6952271_2.htm. + \19\ Surveillance Cameras Made by China Are Hanging All Over the +U.S., The Wall Street Journal, November 12, 2017. https://www.wsj.com/ +articles/surveillance-cameras-made-by-china-are-hanging-all-over-the-u- +s-1510513949. +--------------------------------------------------------------------------- + conclusion + As China's CRRC becomes more dominant as a U.S. rail manufacturer, +there are urgent and compelling questions we must answer regarding +whether a growing presence of, and reliance upon freight or passenger +cars from a major state-owned Chinese rail enterprise is likely to +compromise the security and safety of industrial, military, and +civilian transportation systems in the United States. For that reason, +we are grateful that Congress passed legislation last year that would +mandate the Department of Homeland Security, in coordination with the +Committee on Foreign Investment in the United States and the Department +of Transportation, produce a report on the National security threats of +Chinese SOE investment in our rolling stock manufacturing sector,\20\ +and we strongly urge the committee to work with DHS as that report is +completed. +--------------------------------------------------------------------------- + \20\ See. H.R. 5515--John S. McCain National Defense Authorization +Act for Fiscal Year 2019, Sec. 1719(c). +--------------------------------------------------------------------------- + We greatly appreciate the committee's interest in addressing these +critical issues. The strategic targeting of our Nation's infrastructure +by the government of China and its state-owned enterprises poses a +fundamental threat to the fabric of our critical infrastructure and is +a pressure point for malicious cyber actors to threaten not only the +economic and National security of the United States, but to our +standing as a global power. + Thank you again for the opportunity to testify. I look forward to +answering any questions you may have.* +--------------------------------------------------------------------------- + * Attachment A has been retained in committee files and is +available at https://go.americanmanufacturing.org/page/-/ +Adams_Freight_Rail.pdf. + + Mr. Correa. Thank you, for your statements. + I would like to recognize Mr. Hultquist, for 5 minutes. + +STATEMENT OF JOHN HULTQUIST, DIRECTOR OF INTELLIGENCE ANALYSIS, + FIRE EYE + + Mr. Hultquist. Chairman Correa, and, Ranking Member Lesko, +for convening this joint hearing today. My name is John +Hultquist, and I am the director of intelligence analysis for +FireEye. My team of over 150 intelligence analysts and +researchers pore over data we collect from FireEye's global +networks of devices, incident response, researchers monitoring +the criminal underground and many more sources to understand +the global cyber threat. + FireEye is supporting the transportation and energy sectors +here at home. We are protecting TSA with email--thank you--and +web inspection and we are providing support to DHS's +subscription to our intelligence reporting. + At DOE we are supporting network and file inspection, +malware analysis, and protecting their data from threats down +at their endpoints. The Department is the largest civilian +agency, consumer of our intelligence reporting which provides +focused visibility into threats targeted at the energy sector. + Today I will focus primarily on threats on the horizon that +FireEye is watching develop in the Middle East, Ukraine, South +Korea, where Iran, Russia, North Korea, are the most active. + Despite a dearth of recent specific examples of pipeline +targeting by state actors that we have observed, targeting the +sector is consistent with the behavior of several state actors +who have carried out disruptive and destructive operations. +Pipelines sit at the nexus of two well-established interests +for state actors, energy and transportation. For example, oil +and gas has been the major focus of a long-term destructive +malware campaign by Iran in the Gulf. + Though these attacks have targeted critical infrastructure +organizations, they have primarily affected business-focused IT +systems rather than sensitive controls systems. Nonetheless +Iranian-sponsored threat actors have caused significant, costly +disruptions from 2012 to as recently as 2018 using this +capability. + The Middle East was also the scene of the most +disconcerting attack on control systems we have observed. In an +industrial plant, they have suffered a disruption when +attackers inadvertently triggered a shutdown using a malware we +call Triton. They triggered the shutdown because they were +attempting to manipulate automated safety systems, one of the +last lines of defense to protect human life. We believe this +activity originated from a Russian government organization. + Transportation and logistics systems have been unrecognized +but fruitful focus for state cyber attackers as well. During +and between attacks on Ukraine's grid, attempts were made by +the same Russian actors to gain access to rail, air, and sea +transportation routes and hubs to varying degrees of success. + Many of the companies which posted major losses from the +NotPetya Ransomware incident in the hundreds of millions of +dollars were also in the logistics business, despite this +industry not having been specifically targeted. Such a pattern +could indicate that logistics organizations may be especially +economically vulnerable to incidents of this nature. + Like pipeline operations, transit networks have been +subjected to ransomware operations and denial-of-service +attacks which have on occasions resulted in disruption to +service. Ransomware which has affected many municipal services +has been used to hold transit systems hostage in return for +payment. The websites associated with mass transit systems +which are often crucial to their business have also been +subjected to denial-of-service attacks, in some cases +disrupting travel. Both ransomware and denial-of-service are +capabilities used by state actors. + The complexity of transit networks and the potential for +cascading economic consequences from disruption, bear +similarities to pipelines, however transit networks offer an +additional attraction to would-be attackers. Transit is a +highly-visible sector with which the public regularly +interacts; this factor is especially relevant as many cyber +attacks appear to be more focused on psychological effects and +undermining confidence in institutions and creating lasting +physical effects. + It is important to bear in mind that our adversaries are +not necessarily preparing for a doomsday situation or any +lasting blow but a asymmetric scenario where they can project +power onto our shores. Ultimately their aim may be to sow chaos +rather than to achieve some complex military objective. + Thank you, again for the opportunity to participate in +today's discussion. I am happy to answer any of your questions. + [The prepared statement of Mr. Hultquest follows:] + Prepared Statement of John Hultquist + February 26, 2019 + Thank you, Chairman Richmond, Ranking Member Katko, Chairman +Correa, and Ranking Member Lesko for convening this joint hearing +today. We appreciate the opportunity to share FireEye's perspective on +threats to the transportation and energy sectors and provide an +overview of how the private sector is helping to secure those sectors. + introduction + My name is John Hultquist, and I'm the director of intelligence +analysis for FireEye. My team of over 150 intelligence analysts and +researchers pore over data we collect from FireEye's global networks of +devices, managed defense of 7 global Security Operations Centers, our +incident response, researchers we have monitoring the criminal +underground, and many more sources to understand the global cyber +threat. We have teams focused on criminal threats, cyber espionage, +cyber physical, and strategic problems, as well as vulnerabilities. +Ultimately, we provide intelligence reporting and services used by +Government and commercial clients around the world. + In addition to the 300-plus security professionals responding to +computer intrusions, FireEye has over 200 cyber-threat analysts on +staff in 18 countries, speaking 30 different languages, to help us +predict threats and better understand the adversary--often by +considering the political and cultural environment of the threat +actors. We have an enormous catalog of threat intelligence, and it +continues to grow everyday alongside the continually increasing attacks +on organizations around the world. + FireEye is supporting the transportation and energy sectors here at +home. We're protecting the Transportation Security Administration with +both email and web inspection, managed by the Department of Homeland +Security's Enterprise Security Operations Center. As TSA continues to +stand up its intelligence capabilities, we are providing support +through its subscription to our intelligence reporting. + Additionally, we assist in protecting the Department of Energy by +supporting network and file inspection, malware analysis, and +protecting their data from threats down to their endpoints. We provide +the ability for deep forensics inspection of all network traffic +managed by the Department's Enterprise Security Operations Center. As +DOE continues to enhance its cyber capabilities, we provide visibility +to meet the Data Taxonomy Metrics. The Department is the largest +civilian agency consumer of our intelligence reporting, which provides +focused visibility into the threats targeted at the energy sector. + In addition to my role at FireEye I'm an adjunct professor at +Georgetown University and the founder of CYBERWARCON, a conference on +the cyber attack and information operations threat. + I have been working in cyber intelligence for over a decade, most +of it at FireEye, but before that I worked as a contract cyber +intelligence analyst with the Defense Intelligence Agency and State +Department. Prior to that I worked briefly at the Surface +Transportation and Public Transit Information Sharing and Analysis +Center where I was an analyst exploring threats to the sector we will +be discussing today. Part of my duties there were to forecast domestic +threats by exploring global incidents. Though much of this work was +focused on counterterrorism, I believe the methodology I employed there +is applicable to this problem. If we want to forecast threats to +surface transportation, we have to look globally for the actors who may +target this sector, and explore not just how they carry out attacks, +but why. + Today I will talk about a few incidents that have already affected +surface transportation, but I will focus primarily on threats on the +horizon that FireEye is watching develop in the Middle East, Ukraine, +and South Korea, where Iran, Russia, and North Korea are most active. +My team has had some success with this method. In 2014, we exposed an +actor, who we call Sandworm Team, which was carrying out cyber +espionage in Ukraine and who was soon after exposed in U.S. critical +infrastructure. A year later this actor caused the first known blackout +by cyber attack in the Ukraine. + pipelines + Criminal, state, and hacktivist actors have all demonstrated an +interest in pipeline operators. Pipeline operators have been the victim +of criminal ransomware incidents on multiple occasions. Hacktivist +actors have threatened pipelines for environmental and other political +reasons. We have seen some specific interest in pipeline infrastructure +from state actors as well. APT1, an actor tied to China's People's +Liberation Army, carried out an intrusion campaign attempting to gain +access to pipeline operators in 2012. While we do not think the +campaign aimed to cause any immediate effects, at the time we did +assess that it was reconnaissance of our infrastructure that could be +leveraged over the long term. + Despite the dearth of additional specific examples of pipeline +targeting, targeting the sector is consistent with the behavior of +several state actors who have carried out disruptive and destructive +operations. Pipelines sit at the nexus of two well-established +interests for these state attackers: Energy and transportation. Despite +a relatively brief history of disruptive and destructive cyber attacks +against critical infrastructure, several incidents have focused on +these sectors where the potential for cascading economic and +psychological effects on the target population is considerable. + Energy, particularly oil and gas and the electrical power industry, +has been the continued focus of threat actors who have either carried +out disruptive cyber attacks or who appear to be tasked with preparing +for such an operation. Destructive and disruptive attacks on oil and +gas have almost become common in the Middle East where our U.S. +adversaries are showcasing their capabilities and improving their +skills. + For example, oil and gas has been the major focus of a long-term +destructive campaign by Iran in the Gulf using destructive malware +commonly referred to as ``Shamoon.'' Though these attacks have targeted +critical infrastructure organizations, they have primarily affected +business-focused IT systems rather than the sensitive control systems +which run production. Nonetheless, Iranian-sponsored threat actors +caused significant, costly disruptions from 2012 to as recently as +December 2018, the last time we observed one of these incidents. + The Middle East was also the scene of the most disconcerting attack +on control systems we have observed. An industrial plant there suffered +a disruption when attackers inadvertently triggered a shutdown using +malware we call TRITON. They triggered that shutdown because they were +attempting to manipulate automated safety systems, one of the last +lines of defense to protect human life. We believe the attackers were +developing the ability to create an unsafe condition using the control +systems, while simultaneously disabling the safety systems designed to +mitigate the attack. Such a scenario could have led to major disruption +of operations, economic loss, and even loss of life. We believe this +activity originated from a Russian government organization called the +Central Scientific Research Institute of Chemistry and Mechanics. It is +unknown whether these actors had been tasked to target the plant for +some specific geopolitical goal or if they were using this Middle +Eastern facility as a testbed to improve their capability. + In principal, methodologies honed in the Middle East against oil +and gas could be applied to our pipeline sector. Destructive attacks +could be used to interrupt the administration of these complex systems, +potentially causing economic repercussions that cascade through the +myriad of downstream users who depend on reliable service. A more +complex scenario, like the TRITON incident, could also target +pipelines, which could be manipulated to potentially disastrous +consequences if actors can gain access to control and safety systems. + Transportation and logistics systems have been an underrecognized +but fruitful focus for state cyber attackers as well. During and +between well-known attacks in Ukraine which turned off the power to +portions of the country, attempts were made by the same Russian actors +to gain access to rail, air, and sea transportation routes and hubs, to +varying degrees of success. In fact, we saw evidence indicating that +while they were prepping the first attack that briefly disabled power +service in the Ukraine, the actors we call Sandworm Team were also +compromising airport and rail services. There are plausible but +unverified reports of an attack which lead to disruption of rail +service coincided with the second attack on Ukraine's grid. + As in the case of the Middle East, in Ukraine, we see technically +complex cyber attacks that strike at the most sensitive industrial +control systems, such as those that caused blackouts, as well as +attacks that are not focused on these systems at all. Both types of +attack have been successful. While grid attacks were undoubtedly +watershed events, the most economically damaging attack we have ever +encountered was fake ransomware called NotPetya. This fake ransomware- +encrypted drives just like its real criminal counterpart, but the state +actors behind it never intended to decrypt this information for any +amount of money, essentially making it a destructive tool. The malware +spread rapidly, locking up vital systems and causing major disruptions +to global companies. The result was over 10 billion dollars in damages, +according to one White House estimate. Most notably, however, many of +the companies which posted major losses in the hundreds of millions +were in the logistics business, despite this industry not having been +specifically targeted. Such a pattern could indicate that logistics +organizations may be especially economically vulnerable to cyber +attacks of this nature. + transit + Like pipeline operations, transit networks have been subjected to +ransomware operations and denial-of-service attacks, which have, on +occasion, resulted in disruption to service. Ransomware, which has +affected many municipal services, has been used to hold transit systems +hostage in return for payment. An attack like this in San Francisco +took tickets systems off-line, but operations continued when riders +were offered free passage. In most cases we believe the attackers were +financially motivated, though it is worth noting that these incidents +expose a vulnerability that state actors, who have used a fake +ransomware capability, could exploit. + In addition to ransomware incidents, the websites associated with +mass transit systems, which are often crucial to their business, have +been subjected to denial-of-service attacks. These incidents, which +involve the use of a network of hijacked computers to jam a website +with bogus traffic, have in some cases frozen operations. We have seen +this phenomenon as far afield as Ukraine and Sweden. In 2017, transit +systems in Sweden came under a prolonged attack by an unknown actor who +disrupted travel. It is worth noting that like ransomware, denial of +service is a capability used by state actors. And just as ransomware +allows these actors to carry out attacks while hiding their true +intentions, state actors have purported to be hacktivists and taken +credit for denial-of-service attacks, hiding their hand it the +operations. This was the case in the United States, where Iranian +hackers attacking our financial system claimed to be a pan-Arab +hacktivist. Furthermore, there is a reduced barrier to entry for these +types of attacks, and even states without this capability could source +it from the criminal underground. + The complexity of transit networks and the potential for cascading +economic consequences from disruption bear similarities to pipelines; +however, transit networks offer an additional attraction to would-be +attackers--transit is a highly-visible sector with which the public +regularly interacts. This factor is especially relevant as many cyber +attacks appear to be more focused on psychological effects and +undermining confidence in institutions than creating lasting physical +effects. + One example of a highly-visible cyber attack which affected the +populace is the destructive campaign against South Korean media and +banking in 2013. Though this campaign failed to interrupt broadcasts, +it did interrupt some banking services, including on-line banking and +ATMs. The result was a visible crisis that affected the everyday lives +of South Koreans and which might have been even greater if broadcasts +were halted. Blackouts fall into this same category of having far- +reaching psychological effects. A disruption to transit could have a +similar effect. + conclusion + Thus far, U.S. critical infrastructure has been probed by actors +from China, Russia, Iran, and North Korea. In many cases, these actors +have focused heavily on electricity generation; however, our experience +with them abroad suggests a much broader interest in creating +disruptive or destructive effects. We should take these lessons to +heart now and prepare for incidents across the transportation sector. + It's important to bear in mind that our adversaries are not +necessarily preparing for a doomsday situation, or any lasting blow, +but an asymmetric scenario where they can project power within our +shores. Ultimately, their aim may be to sow chaos rather than achieve +some complex military objective. Nonetheless, these incidents could +have economic and psychological effects we cannot ignore. + Thank you again for the opportunity to participate in today's +discussion. And thank you for your leadership improving cybersecurity +in the transportation and energy sectors. I look forward to working +with you to strengthen the partnership between the public and private +sectors and to share best practices to thwart future cyber attacks. + + Mr. Correa. I thank our panelists for their testimony. + If I may, I would like to recognize myself for 5 minutes of +questions. I will start out with, Mr. Lewis, you made a comment +at the end of your statement about credible threat, we need to +be a credible threat, can you explain that a little bit? + Mr. Lewis. Certainly. Thank you, Mr. Chairman. + When we look at the behavior of Russia, China, Iran and to +some extent North Korea, they are the most dangerous attackers +but they are also very calculating, they are very rational and +they ask themselves, ``If I do this to the Americans, what is +the likelihood that the Americans will do something back?'' and +if they believe there is no risk that we will do anything back, +they are more likely to undertake some sort of hostile or +coercive action. + Mr. Correa. In this committee last year, the full Committee +on Homeland Security, I asked the question, at what point does +a cyber attack constitute a declaration of war on the United +States? Any thoughts? + Mr. Lewis. This is [inaudible] was an attack that caused +death or destruction or casualties, it would qualify as +justifying a forceful response. Unfortunately, we haven't seen +very many of them and if you look at what the Russians did in +2016, it wouldn't fall under that category so this is something +that I believe the intelligence community and cyber command are +working through. We need a new framework, if you cause death or +destruction, you fear a risk, that you fear that the United +States will retaliate. If you don't do that, people kind-of +feel like they can get away with it. + Mr. Correa. If you threaten our democracy or destabilize +our Government, is that an act of war and I would ask that +question to all of you? + Mr. Lewis. Under the current legal construct, the answer +would be no, right. You could make a case that by threatening +the political integrity of the United States, it would qualify +as an act of war but our main problem is that we became aware +this was happening in April 2016, that is almost 3 years ago +and we still have not done very much back. + Mr. Correa. Mr. Olson, you talked a little bit about the +challenge of Chinese assets, Chinese buying essentially their +way into our markets, they are buying their markets and you +talk about a threat, could you relate that back to the China's +new 27 intelligence law that compels companies, Chinese +companies to cooperate with the Chinese government? + Mr. Olson. Sure. So I am not fully familiar with the law +itself, I mean, I have read articles about it. I mean, our +concern is that this is a wholly-owned, state-owned enterprise +that has a board of directors with members of the Communist +Party and we know that when they set up shop here in United +States that we believe they are been directed by Beijing and +the cyber issues, privacy issues, and just the economic +security that stems from that is our main concern from RSA's +point of view. + Mr. Correa. Same question, to Mr. Hultquist. + Mr. Hultquist. Right, I am not familiar with that exact +regulation but it is not uncommon for Russia or China to +enforce or compel companies to work with their cybersecurity or +their Signals Intelligence agencies to gather information. + Mr. Correa. Thank you very much. + I am going to yield the remainder of my time. + I will now recognize the gentle person from Arizona, Mrs. +Lesko. + Mrs. Lesko. Thank you, Mr. Chairman. + My first question is for, Mr. Hultquist, hello sir. I have +a couple of questions into one. Basically, how well do you +think the industry uses ISAC, the information you know, where +you share information with the industry [inaudible] and my +secondary question is, what are the risks from insider threats? + Mr. Hultquist. I had actually previously worked at a couple +of the ISACs, actually the Surface Transportation and Public +Transit ISAC, I worked there briefly before moving into the +cyber world. They have made a lot of great strides in the cyber +space and several of them I think on are very, very mature and +are making a big difference. + On one of the problems though is that we sometimes take +this myopic view of our sector and we have failed to see +threats coming because we are overly focused on just our own +sector and it is important to look at our own sector but the +actor who turned off the lights in Ukraine, was also targeting +air, and rail, and all these other sectors, not because the +lights were you know, particularly [inaudible] sometimes if we +you know, we focus too much that way, we can kind-of miss that. + I am sorry, your second question. + Mrs. Lesko. Was, what is the risk of insider threats, like +people that are working for, let us say, the rail system or +passenger rail? + Mr. Hultquist. Many of the---- + Mrs. Lesko. Or pipelines? + Mr. Hultquist. Major critical infrastructure incidents that +we have seen throughout history have involved an insider +component, a contractor who didn't get hired on was upset about +their situation and decided to lock things up or I believe +there was a situation where they pumped toxic stuff into a +[inaudible] critical infrastructure. + Mrs. Lesko. What can be done about it, do you think? + Mr. Hultquist. Probably a more complex or a more robust +vetting process and recognition that when people move in and +out of an organization, security measures need to be sort-of +re-looked at particularly do they still have access, things of +that nature. + Mrs. Lesko. Thank you, sir. + My next question is for the gentleman with the rail system +and you had mentioned--I read this article that I think it was +in The Washington Post, entitled, ``Could a Chinese-made Metro +Car, spy on us?'' I think you were quoted in this and some of +the transit authorities in this article, the Chicago Transit +Authority, the Massachusetts Bay Transportation Authority, they +basically said that none of the critical software components +were being produced in China. + What are your thoughts on that, are they misspoken or you +know, they said that they are considering bids from CRRC but +that the critical software components are not made in China and +in fact one of the Massachusetts Bay Transportation Authority +spokesman said, ``The design process for new rail cars includes +a cybersecurity analysis based on the U.S. Department of +Defense Military System Safety Standard,'' so I am glad that we +are bringing this up because I think it is a legitimate concern +but it seems like at least from these people, spokesman, that +the critical infrastructure is not made in China. + Can you comment? + Mr. Hultquist. Yes. What I would say to that is that our +concern is you can try to mitigate and the we heard from Ms. +Proctor, earlier that the cyber concerns are ever-evolving. I +don't know all the parts or the list of the parts but many +parts are being made in China, the shells for Los Angeles and +for Boston are being made in China and shipped to Springfield, +Massachusetts so our position at RSA's risk avoidance. + We don't know what can be put into a shell. We don't know +what technology can be hid in there. The Chinese have a long +view [inaudible] attack but we also think of it from a point of +privacy. When you have access to the tunnel [inaudible] the +CCTV, can you get access to the Wi-Fi system? We know how they +profile their own citizens and it does not take a lot to lead +to the fact that maybe you could do that here especially in the +Metro region. + Mrs. Lesko. Thank you, sir. + I yield back my time. + Mr. Correa. Thank you, Mrs. Lesko. + I recognize the gentleman from Louisiana, Chairperson +Richmond. + Mr. Richmond. Thank you, Mr. Chairman. + This will be for Ms. Gagliostro and Mr. Olson. It is +basically describing your relationship with TSA-DHS as a whole +but TSA and CISA. Has there been rail stakeholder involvement +in the implementation and the goals outlined in the Pipeline +Cybersecurity Initiative and, Mr. Olson, in your view, are DHS +and TSA being proactive enough in sharing information about +cyber threats and best practices within rail systems, and to +both of you all, what could they be doing differently or more? + Ms. Gagliostro. So I would say that yes, there has been +rail stakeholder involvement beyond the efforts of the Pipeline +Cybersecurity Initiative because as you know, that Initiative +was only announced in October but prior to that TSA has been +working to build its security program for over a decade now, +has a very strong working relationship with industry. We +regularly engage in Pipeline Sector stakeholder calls to share +information about threat indicators that they are getting and +also information about the tools that they are providing to +industry to help us with their security programs. + I think that the work that TSA is doing right now to have +more coordination with DHS and the CISA Office, and the +National Risk Management Center is a very positive step in the +right direction of looking more comprehensively across these +nation-state threats in particular that are targeting all +critical infrastructure to make sure that we are empowering +industry to learn from how these threats are looking +[inaudible]. + Mr. Olson. To echo I agree that from my understanding, I +mean, the folks at the Rail Security Alliance represents our +private industry and we know they have been talking, TSA has +their private briefings we heard that from, Ms. Proctor, +earlier that they have been doing Classified briefings for +members both in the Passenger Rail Sector and also the Freight +Rail Sector. I think there can always be more and more +involvement, we have certainly reached out to them to have +conversations as well on this point. + What I would say on the what could be done, what could they +be doing more is DHS actually has a study sitting at Homeland +Security right now that they need to complete by the end of the +fiscal year, we would love to work with you all and work with +the Department of Homeland Security on this study and ensure +that private sectors' voice is heard as they are completing +this risk assessment of what state-owned enterprises, how they +could affect the U.S. transit and freight rail market. + Mr. Richmond. Thank you for your time. + Mr. Chairman, I do have prior commitments so I will yield +the balance of my time through the gentleman from Missouri, Mr. +Cleaver. + Mr. Correa. Thank you, Chairman Richmond. + Mr. Cleaver, go ahead. + Mr. Cleaver. Thank you, Mr. Chairman. + I was mayor of Kansas City all during the 1990's up until +2000 and I can remember one of the most frightening periods of +my term as mayor came when we received word, we were not +notified but we received word, there was very likely going to +be a shipment of [inaudible] and taken to the Nevada, Yucca +Mountain and there was a lot of resentment [inaudible] the +largest freight-rail site in the country and St. Louis 200 +miles away is No. 3. + We are a [inaudible] have been extremely concerned over the +years about the transportation of waste but also how vulnerable +we are and particularly in the Midwest because you know, no +matter what the discussion is, it's probably even freight, we +tend to focus on East Coast, West Coast, maybe a little part of +the North Coast and the Midwest is wide open. + I always like to remind people that the first major +terrorist attack in this country occurred right in the middle-- +Midwest at Oklahoma City at the Murrah Federal Building. It has +nothing to do with rail but the point I am raising, Mr. Lewis, +and, Mr. Olson, is that I am not sure that there is any +appropriate attention being given to that part of the country +where a lot of the rail is centered. + Mr. Olson. I tend to agree with you, Congressman. I know +that you know, the Class Is, the freight rail manufacturers are +all working on these issues and working on the cyber aspects of +this and the security aspects of this. RSA's position and has +been as our concern is allowing the Chinese to come in and make +freight railcars---- + Mr. Cleaver. Yes, sir. + Mr. Olson [continuing]. And be a part of the system and the +security challenges come with that. As you know, freight rail +carries grain, from toxic waste, to military equipment, and our +view is from RSA, as soon as you allow the Chinese into the +system and they are building cars they are able to track where +all these things are going and get a birds-eye view on where we +are moving commodities, we are moving helicopters, where we are +moving people and that is of grave concern for us from a +National security perspective and we share your concerns sir. + Mr. Cleaver. Mr. Lewis. + Mr. Lewis. Thank you, Congressman. You know, I think +there's two questions you always want to ask, does the device +connect back home and there is a surprising answer to that +increasingly as we connect things to the internet. I was +reading yesterday about a smart doorbell that was inadvertently +relaying peoples' voices back to China so rail cars are a good +target, rail lines are a good target, they're traditional +military targets, good target for disruption. + The other thing you would want to ask though is when is it +in the opponents' interest to do so and in that sense, they are +looking at it from a National perspective. They are looking at +from where the least-defended parts of the country, where can +they achieve the most effect so in that way may be the Midwest +is a good target. + Mr. Cleaver. Yes. I would argue that there is some evidence +to suggest that it is a target and of course my question, Mr. +Chairman, is you know, when are we going to give the necessary +attention? I mean, you know, when I am asked you know, the +question, I am no longer in the mayor's office but the people +wants to know, Homeland Security, so when are they going to +give us the attention that they have been giving New York and +Boston and San Francisco and Los Angeles and I guess I should +say, it is still up in the air, until something happens. Is +that [inaudible]. + Mr. Lewis. Attention has gone to the largest metropolitan +areas and so you are really the top 12 SMSA, Standard +Metropolitan Statistical Areas and so the question is, can we +expand that? It is a question of cost and also of personnel as +we have heard so that tends to mean that if you are not in the +top 12, the top 20, you might not be getting the same attention +as others. + Mr. Correa. Thank you, Mr. Cleaver. Thank you very much and +I would like to recognize the gentle person from New York, Miss +Rice. + Miss Rice. So, Mr. Lewis, just to continue on that so you +had said at the beginning right at the end of your original +statement, you talked about the cost factor. Can you just +expound on that a little bit more? + Mr. Lewis. Certainly. Thank you. We have heard from the +other witnesses too that in many cases Chinese companies are +subsidizing--it is part of a larger very aggressive +mercantilist policy that the Chinese follow and so that allows +them to offer products at a lower price and the information we +saw in Australia and them squashing the competition there, you +can find that in other industries so you have a subsidized +price with pretty good equipment---- + Miss Rice. Right. + Mr. Lewis. Some unknown risk for surveillance or disruption +and the buyers have to make a decision, do I pay more for +security or do I go with the lower cost and------ + Miss Rice. So why is the Federal Government allowing them +to make that decision at their level, regardless of whether the +money that they are using is State money or Federal money. I +mean, I would assume if it is Federal money then we have +absolute say over their decision-making process but is it that +difference--about what pocket of money they are taking it from? + Mr. Lewis. We--thank you. We have not come to terms until +recently with the fact that there's a risk in buying from China +so our supply chains are deeply integrated and so you know, +when you go to the store and you turn--very often it will say, +Made in China. Up until a few years ago people thought, oh +well, you know, they are going to become a market--this is +fine, so we have--we are just starting to think about how we +disentangle that. Part of it might be asking about what +technologies are sensitive, where's there additional risk? + You have all seen all the news on Huawei in the papers and +this is a [inaudible]. + Miss Rice. What are we waiting for in this field? + Mr. Olson. I would just add, I mean, Congress did examine +this issue last year when it came to Federal Transit Authority +dollars, there was actually a 1-year ban put in place in the +Senate THUD bill. It was unfortunately stripped out of the +final version that you know, you guys passed on February 15 +because it was deemed controversial because there are certain +members that have state-owned enterprise Chinese facilities in +their district and so they are trying to preserve jobs back +home. + I will also note--yes, you are right when it comes to the +bucket of dollars there are some of these local governments +because of the deep discounts that the Chinese are giving, the +case of Boston is a very poignant one where the Chinese came in +as low as much as 50 percent below some other competitors and +so Massachusetts waved FTA dollars, there's no Buy America +protections, there's no Federal dollars involved in this +project and they have just used State money and therefore the +Chinese are able to build many components and the shells and +ship them over here so unless we have an outright Federal ban +or some Federal law that says, you can't do this, I would +assume that States continue to buy because of price. + Miss Rice. So I am just wondering how we sound the alarm +bell. I mean, I just don't know, if we are allowing elected +Members of Congress to be more concerned about preserving jobs +in their districts than they are a National security, we have a +problem so if you wouldn't mind, Mr. Olson, just talking a +little bit, can you just expound on that more because this has +to be done. If this administration does not think that this is +a priority, it is not going to trickle down, it is just not. + Mr. Olson. I agree with you wholeheartedly. We are a 3- +year-old organization. We started because we saw this market +entry in such a quick fashion and the 4 contracts quickly +awarded to CRRC. They have built a freight assembly facility in +Wilmington, North [inaudible] so opportunities like this to +testify and get in front of more Members, I mean, we are +advocacy; we are trying to get in front of as many Members of +Congress, and State and local officials to raise the alarm +bells and we are partnering as much as possible with officials +within the Trump administration to raise more awareness. + Miss Rice. Well, I want to thank Chairman Correa, very much +for actually you know, putting this hearing together. + I want to thank all of you so much because we sit here in +this little bubble here in Washington and you know, the very +common theme that I have heard from everyone who has sat at +that table is, we have to keep the lines of communication open. +This is not a private-sector issue. This is not a public-sector +issue. This is a Keep America Safe issue, and Our Democracy +Safe issue, and I hope that you know, going forward and I know +with people like you will be able to; I hope we can have this +conversation in a bipartisan fashion so thank you all for being +here. + I yield back the balance of my time. + Mr. Correa. Thank you, Miss Rice. I agree with you about +sounding the alarm. It is a very interesting question. + Now I would like to recognize, Mrs. Watson Coleman, from +New Jersey. + Mrs. Watson Coleman. Thank you. Thank you, Mr. Chairman. + So if we have these companies that are owned by the Chinese +company making things in the United States of America, +technically we could have professionals from security, +cybersecurity whatever to be able to go in, announced and +unannounced and check right---- + Mr. Olson. Of course. + Mrs. Watson Coleman. We probably could? + Mr. Olson. Yes. + Mrs. Watson Coleman. Do we? Do you know, if we do? + Mr. Lewis. It does not work and so that is the main +problem. + Mrs. Watson Coleman. It does not work, why? + Mr. Lewis. It does not work because first a lot of the--it +never did. + Mrs. Watson Coleman. Yes. + Mr. Lewis. Pardon me. A lot of the technology is connected +back to the manufacturer---- + Mrs. Watson Coleman. OK. + Mr. Lewis. So that they can do updates; you don't know if +it is malicious traffic or innocent traffic. Second there is +just a lot of opportunities in rail car or an airplane to +hide---- + Mrs. Watson Coleman. We are just trying to figure this out. + You know, Mr. Olson, this one paragraph [inaudible] what do +you think the Federal Government's role should be here in +ensuring that this does not happen here? + Mr. Olson. So first off, RSA's continued position is, +taxpayers' dollars should not be used to be subsidizing the +state-owned enterprise from China period, end of story. + Second, I would love to work with all of you as we look at +other ways to do bans or outright bans on this technology from +being on our system. I think it is too scary to allow Chinese +government-directed company to operate in the United States +especially when they are building a good chunk of the materials +in China itself. + Mrs. Watson Coleman. Because the interest actually is not +blowing us up as it is much as just owning us? + Mr. Olson. Tracking us. + Mrs. Watson Coleman. Owning us. + WMATA which oversees the Washington Metro System was +currently working to procure new rail cars and updates its +procurement requirements to include the enhanced [inaudible] +safeguards. + Mr. Olson. RSA's position is as, Mr. Lewis, stated, it is +never enough. If you are going to be building components and +parts in China, you can never do enough to mitigate. Our +position at RSA continues to be risk avoidance, let's just not +buy them. + Mrs. Watson Coleman. So let's not allow our money to be +spent on purchasing Chinese---- + Mr. Olson. Correct. + Mrs. Watson Coleman. OK. + I am good. Thank you. + I yield back. + Mr. Correa. Thank you very much for those questions. + Now I would like to recognize the good lady from Texas, Ms. +Jackson Lee. + Ms. Jackson Lee. Thank you very much Mr. Chairman. + Having just come in, let me first of all thank the +witnesses of the first panel and thank those of the second +panel [inaudible] events I have been on this committee since 9/ +11 and have seen the maturing of terrorist potential and +utilization of now technology different from bringing down a +plane or using it as a torpedo into major structures here in +the United States, though it certainly is well-known that +certain elements still believe that aviation is a crucial and +serious part, but I would be interested--or infrastructure is a +crucial and serious part of potential of attacking the United +States. + So, I am going to ask each of your question as to whether +or not you are--do you think we are fully prepared for zero-day +potential events; start with, Ms. Gagliostro? + Ms. Gagliostro. So I would say, in dealing with any sort of +cybersecurity threats, the most important way for us to be +prepared and respond is through working with our Federal +partners on having strong information sharing on what we are +learning so zero-day threats are always a challenge because it +is what you don't know yet but I think being cognizant of the +threat indicators and patterns of behavior and paying attention +to those that we can be alerted to those threats quickly as +possible. + Ms. Jackson Lee. You think the United States should address +those questions through legislation that would emphasize the +partnership between the Federal Government and the private +sector? + Ms. Gagliostro. I think the best way to address that is +through strong partnership between the Federal Government and +the private sector. + Ms. Jackson Lee. So legislation that dictates that would be +helpful? + Ms. Gagliostro. To the extent that we don't think it is +effective today. + Ms. Jackson Lee. Mr. Lewis. + Mr. Lewis. Thank you. First, I would distinguish between +state and non-state actors. No terrorist group currently has +the capability nor will acquire in the foreseeable future the +capability to launch a damaging cyber attack. This has been +true for years, it is based on evidence from a number of---- + Mr. Correa. Could you repeat that please? + Mr. Lewis. No terrorist group currently has the capability +to launch a damaging cyber attack. + Ms. Jackson Lee. But please know that my zero-day is not +limited to nation-states. + Mr. Lewis. Exactly right. We have 4 very capable opponents +who have certainly done the reconnaissance to launch these +kinds of attacks against---- + Ms. Jackson Lee. Why don't you just recite their names for +the records? + Mr. Lewis. Russia, China, Iran, and North Korea, right, +they all have the capability, it is a question of when they +would use it so on the defensive side all the work that you +have heard from my colleagues, perhaps some improvement in +standards. + On the offensive side, as we discussed earlier [inaudible]. + Ms. Jackson Lee [continuing]. Be effective focusing the +Government on those issues? + Mr. Lewis. Ma'am, I have asked senior officials at DHS, if +they need more legislative authority, their position is no, but +I think it would be useful to look and see where there are gaps +in the existing legislation that might help them do better at +protecting------ + Ms. Jackson Lee. Then they do need it because there are +gaps. + Mr. Olson [continuing]. And then, Mr. Hultquist, you +follow? + Mr. Olson. I would agree with my colleagues on the panel +here and we would not oppose further legislation if it gives +more authority to fill as you said gaps for DHS. + You know, our position from the Rail Security Alliance is +that we have already allowed the Chinese in and that we need to +stop the bleeding and not have them further infiltrate more +transit systems and especially the freight systems so we are +looking at it from that angle of hardware in the United States +already. + Ms. Jackson Lee. Thank you. + Mr. Hultquist. We have had good success anticipating a lot +of these events by looking at the places where these actors are +most active--Ukraine, the Middle East, South Korea--so I would +argue that getting that information, the observables out of +those spaces to the private sector who would likely bear the +brunt of any attack is probably the most important thing we can +do. + Ms. Jackson Lee. So if you have any legislation that +focuses on some of the elements that you have just mentioned-- +-- + Mr. Hultquist. Absolutely, enforcing public-private +partnership I think would be really important. + Ms. Jackson Lee. Just last question, Mr. Chairman, +cybersecurity is becoming harder because of the connected +nature of wireless technology, how long can we secure large +complex systems when very small devices can pose risks? Whoever +feels most capable to answer that question, I would be +delighted. + Mr. Lewis. I will start. We can't secure them now so it is +hard to see how it gets much worse but I think that as you add +more and more connected devices, the ability to create some +sort of havoc--we talked about the smart doorbells. + Another one I just heard about is you know, those visible +braces you have got? Some of them are connected to the internet +and you can just think of endless numbers of complications, +between smart cars, smart ships, robots; they are moving into a +world where the number of things that can be hacked is growing +exponentially. + Ms. Jackson Lee. Thank you. + So anyone else on how do we--yes sir? + Mr. Hultquist. We add more potential for disruption but we +also add more factors for the threat actors to gain access to +critical systems or systems that we care about. + Ms. Jackson Lee. Anyone else. + Mr. Chairman, I will just conclude by saying that there are +gaping holes with our cyber system. This committee is best +suited to try to address those questions and gaping holes can +create opportunities for havoc and I think this committee and +the Oversight on Transportation, Natural Gas, is crucial in its +work and I hope we will pass legislation dealing with some of +these very large holes that---- + Mr. Correa. I concur with you, Ms. Jackson Lee, and I +think---- + Ms. Jackson Lee. They create danger. + Mr. Correa. We have got a job to do here in terms of +addressing those gaping holes. + It seems like every time we turn around there is a new +toothbrush with a chip on it so when you are brushing your +teeth somebody's going to know how many times you do it a day +and my point is there is no privacy anymore and it looks like +all of our information is interconnected in some form or +another, whether it is a commercial venture, a state somewhere +around the world so, Mr. Lewis, you intrigue me again with your +comments about the deterrence, is there a price to pay for what +and when, and when does that trigger? + Good questions. + I want to thank all the witnesses for their valuable +testimony and all the Members here for their questions. + The Members of the committee may have additional questions +for the witnesses and we ask that you respond to them +expeditiously and in writing. Pursuant to Committee Rule +VII(D), the hearing record will be held open for [inaudible]. + Thank you to all the committee Members, of both committees, +or I should say panels. + We stand adjourned. + [Whereupon, at 12:22 p.m., the subcommittees were +adjourned.] + + [all] + + + +