I 

111TH CONGRESS 

2D SESSION H. R. 6351 

To establish the Executive Cyber Director in the Executive Office of the 

President, to clarify the authority of the Secretary of Homeland Security 

and the Executive Cyber Director with respect to critical information 

infrastructure policy creation, verification, and enforcement measures, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2010 

Mr. LANGEVIN (for himself, Mr. RUPPERSBERGER, and Mr. BARTLETT) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To establish the Executive Cyber Director in the Executive 

Office of the President, to clarify the authority of the 

Secretary of Homeland Security and the Executive Cyber 

Director with respect to critical information infrastructure policy creation, verification, and enforcement measures, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Strengthening Cyber3 security for Critical Infrastructure Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act— 

6 (1) the term ‘‘critical information infrastruc7 ture’’ means the electronic information and commu8 nications systems, software, and assets that control, 

9 protect, process, transmit, receive, program, or store 

10 information in any form, including data, voice, and 

11 video, relied upon by critical infrastructure, indus12 trial control systems such as, but not limited to, su13 pervisory control and data acquisition systems, and 

14 programmable logic controllers. This shall also in15 clude such systems of the Federal Government; 

16 (2) the term ‘‘critical infrastructure’’ has the 

17 meaning given that term in section 2 of the Home18 land Security Act of 2002 (6 U.S.C. 101); and 

19 (3) the term ‘‘Secretary’’ means the Secretary 

20 of Homeland Security. 

21 SEC. 3. AUTHORITY OF SECRETARY. 

22 (a) IN GENERAL.—The Secretary shall have primary 

23 authority in the executive branch of the Federal Govern24 ment in creation, verification, and enforcement of meas25 ures with respect to the protection of critical information 

26 infrastructure, including promulgating risk-informed inVerDate Mar 15 2010 23:15 Oct 13, 2010 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6351.IH H6351

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1 formation security practices and standards applicable to 

2 critical information infrastructures that are not owned by 

3 or under the direct control of the Federal Government. 

4 These efforts shall be carried out with the consultation 

5 of appropriate private sector bodies, including private 

6 owners and operators of the infrastructure affected by 

7 these measures. 

8 (b) OTHER FEDERAL AGENCIES.—In establishing 

9 measures with respect to the protection of critical informa10 tion infrastructure the Secretary shall— 

11 (1) consult with the Secretary of Commerce, the 

12 Secretary of Defense, the National Institute of 

13 Standards and Technology, and other sector specific 

14 Federal regulatory agencies in exercising the author15 ity referred to in subsection (a); and 

16 (2) coordinate, through the Executive Office of 

17 the President, with sector specific Federal regulatory 

18 agencies, including the Federal Energy Regulatory 

19 Commission, in establishing enforcement mecha20 nisms under the authority referred to in subsection 

21 (a). 

22 (c) AUDITING AUTHORITY.—The Secretary may— 

23 (1) conduct such audits as are necessary to en24 sure that appropriate measures are taken to secure 

25 critical information infrastructure; 


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1 (2) issue such subpoenas as are necessary to 

2 determine compliance with Federal regulatory re3 quirements for securing critical information infra4 structure; and 

5 (3) authorize sector specific Federal regulatory 

6 agencies to undertake such audits. 

7 SEC. 4. ESTABLISHMENT AND AUTHORITY OF EXECUTIVE 

8 CYBER DIRECTOR. 

9 (a) ESTABLISHMENT.—There is established within 

10 the Executive Office of the President an office to be known 

11 as the National Office for Cyberspace. There shall be at 

12 the head of the Office the Executive Cyber Director, who 

13 shall be appointed by the President by and with the advice 

14 and consent of the Senate. 

15 (b) AUTHORITY.—The Executive Cyber Director 

16 shall have primary authority in the executive branch of 

17 the Federal Government in leading interagency coordina18 tion on security policies relating to the creation, 

19 verification, and enforcement of measures to protect crit20 ical information infrastructure. 

Æ 


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