I 

111TH CONGRESS 

2D SESSION H. R. 5247 

To establish a National Cyberspace Office, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 6, 2010 

Mr. LANGEVIN (for himself, Mr. MCCAUL, Mr. RODRIGUEZ, Mr. 

RUPPERSBERGER, Ms. CLARKE, Ms. LORETTA SANCHEZ of California, 

Ms. MARKEY of Colorado, and Mr. SMITH of Washington) introduced the 

following bill; which was referred to the Committee on Oversight and 

Government Reform, and in addition to the Committees on Armed Services and Select Intelligence (Permanent Select), 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 a National Cyberspace Office, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Executive Cyberspace 

5 Authorities Act of 2010’’. 


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1 SEC. 2. NATIONAL CYBERSPACE OFFICE. 

2 (a) ESTABLISHMENT.—There is established within 

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

4 as the National Cyberspace Office. 

5 (b) DIRECTOR.—There shall be at the head of the 

6 National Cyberspace Office a Director, who shall be ap7 pointed by the President by and with the advice and con8 sent of the Senate. The Director of the National Cyber9 space Office shall administer all functions under this sec10 tion and collaborate to the extent practicable with the 

11 heads of appropriate agencies, the private sector, and 

12 international partners. The National Cyberspace Office 

13 shall serve as the principal office for coordinating issues 

14 relating to achieving an assured, reliable, secure, and sur15 vivable information infrastructure and related capabilities 

16 for the Federal Government. 

17 (c) AUTHORITY AND FUNCTIONS OF THE DIRECTOR

18 OF THE NATIONAL CYBERSPACE OFFICE.— 

19 (1) DUTIES OF THE DIRECTOR.—The Director 

20 of the National Cyberspace Office shall— 

21 (A) oversee agency information security 

22 policies and practices, including— 

23 (i) developing and overseeing the im24 plementation of policies, principles, stand25 ards, and guidelines on information secu26 rity, including through ensuring timely 


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1 agency adoption of and compliance with 

2 such policies, principles, standards, and 

3 guidelines; 

4 (ii) reviewing at least annually, and 

5 approving or disapproving, each agency 

6 budget relating to the protection of infor7 mation technology submitted pursuant to 

8 subsection (d); 

9 (iii) coordinating the development of 

10 standards and guidelines under section 20 

11 of the National Institute of Standards and 

12 Technology Act (15 U.S.C. 278g–3) with 

13 agencies and offices operating or exercising 

14 control of national security systems (in15 cluding the National Security Agency) to 

16 assure, to the maximum extent feasible, 

17 that such standards and guidelines are 

18 complementary with standards and guide19 lines developed for national security sys20 tems; 

21 (iv) coordinating information security 

22 policies and procedures with related infor23 mation resources management policies and 

24 procedures; 


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1 (v) overseeing the operation of the 

2 Federal information security incident cen3 ter required under section 3546 of title 44, 

4 United States Code; and 

5 (vi) reporting to Congress not later 

6 than March 1 of each year on agency com7 pliance with the requirements of this Act, 

8 including— 

9 (I) a summary of the findings of 

10 the independent evaluation required 

11 by section 3545 of title 44, United 

12 States Code; 

13 (II) an assessment of the devel14 opment, promulgation, and adoption 

15 of, and compliance with, standards de16 veloped under section 20 of the Na17 tional Institute of Standards and 

18 Technology Act (15 U.S.C. 278g–3); 

19 (III) significant deficiencies in 

20 agency information security practices; 

21 (IV) planned remedial action to 

22 address such deficiencies; and 

23 (V) a summary of, and the views 

24 of the Director on, the report pre25 pared by the National Institute of 


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1 Standards and Technology under sec2 tion 20(d)(10) of the National Insti3 tute of Standards and Technology Act 

4 (15 U.S.C. 278g–3); 

5 (B) encourage public-private working 

6 groups with representatives from relevant agen7 cies and industry partners to increase informa8 tion sharing and policy coordination efforts in 

9 order to reduce vulnerabilities in the national 

10 information infrastructure; 

11 (C) coordinate the defense of information 

12 infrastructure operated by agencies in the case 

13 of a large-scale attack on information tech14 nology, as determined by the Director; 

15 (D) establish a national strategy, in con16 sultation with the Department of State, the 

17 United States Trade Representative, and the 

18 National Institute of Standards and Tech19 nology, to engage with the international com20 munity to set the policies, principles, standards, 

21 or guidelines for information security; and 

22 (E) coordinate information security train23 ing for Federal employees with the Office of 

24 Personnel Management. 


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1 (2) CONSULTATION.—The head of each agency 

2 shall consult with the Director regarding information 

3 security policies and practices. 

4 (3) EXPERTS AND CONSULTANTS.—The Direc5 tor may procure temporary and intermittent services 

6 under section 3109(b) of title 5, United States Code. 

7 (4) MEMBERSHIP ON THE NATIONAL SECURITY

8 COUNCIL.—Section 101(a) of the National Security 

9 Act of 1947 (50 U.S.C. 402(a)) is amended— 

10 (A) by redesignating paragraphs (7) and 

11 (8) as paragraphs (8) and (9), respectively; and 

12 (B) by inserting after paragraph (6) the 

13 following: 

14 ‘‘(7) the Director of the National Cyberspace 

15 Office;’’. 

16 (d) BUDGET APPROVAL.— 

17 (1) SUBMISSION OF BUDGET.—The head of 

18 each agency shall submit to the Director of the Na19 tional Cyberspace Office a budget each year for the 

20 following fiscal year relating to the protection of in21 formation technology for such agency, by a date de22 termined by the Director that is before the submis23 sion of such budget by the head of the agency to the 

24 Office of Management and Budget. 


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1 (2) BUDGET APPROVAL.—The Director shall re2 view and approve or disapprove the budget before 

3 the submission of such budget by the head of the 

4 agency to the Office of Management and Budget. 

5 (3) BUDGET DISAPPROVAL.—If the Director 

6 disapproves a budget under paragraph (2), the Di7 rector shall transmit recommendations to the head 

8 of the agency for such budget. 

9 (4) BUDGET SUBMISSION REQUIREMENTS.— 

10 Each budget submitted by the head of an agency 

11 pursuant to paragraph (1) shall include— 

12 (A) a review of any threats to information 

13 technology for such agency; 

14 (B) a plan to secure the information infra15 structure for such agency based on threats to 

16 information technology, using the National In17 stitute of Standards and Technology guidelines 

18 and recommendations; 

19 (C) a review of compliance by such agency 

20 with any previous year plan described in sub21 paragraph (B); and 

22 (D) a report on the development of the 

23 credentialing process to enable secure authen24 tication of identity and authorization for access 


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1 to the information infrastructure of such agen2 cy. 

3 (5) CYBER SECURITY PERFORMANCE.—The Na4 tional Cyberspace Office may recommend to the 

5 President that awards and bonuses be withheld for 

6 any agency that failed to make adequate efforts to 

7 secure the information infrastructure of such agen8 cy. 

9 (e) NATIONAL SECURITY SYSTEMS.—Except for the 

10 authority described in clauses (iii) and (vi) of subsection 

11 (c)(1)(A), the authorities of the Director of the National 

12 Cyberspace Office under this section shall not apply to na13 tional security systems. 

14 (f) DEPARTMENT OF DEFENSE AND CENTRAL IN15 TELLIGENCE AGENCY SYSTEMS.— 

16 (1) DELEGATION OF AUTHORITY.—The author17 ity of the Director of the National Cyberspace Office 

18 described in subparagraphs (A)(i) and (C) of sub19 section (c)(1) shall be delegated to the Secretary of 

20 Defense in the case of systems described in para21 graph (2) and to the Director of Central Intelligence 

22 in the case of systems described in paragraph (3). 

23 (2) DEPARTMENT OF DEFENSE.—The systems 

24 described in this paragraph are systems that are op25 erated by the Department of Defense, a contractor 


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1 of the Department of Defense, or another entity on 

2 behalf of the Department of Defense that processes 

3 any information the unauthorized access, use, disclo4 sure, disruption, modification, or destruction of 

5 which would have a debilitating impact on the mis6 sion of the Department of Defense. 

7 (3) CENTRAL INTELLIGENCE AGENCY.—The 

8 systems described in this paragraph are systems 

9 that are operated by the Central Intelligence Agen10 cy, a contractor of the Central Intelligence Agency, 

11 or another entity on behalf of the Central Intel12 ligence Agency that processes any information the 

13 unauthorized access, use, disclosure, disruption, 

14 modification, or destruction of which would have a 

15 debilitating impact on the mission of the Central In16 telligence Agency. 

17 (g) CONFORMING AMENDMENTS.—Title 44, United 

18 States Code, is amended— 

19 (1) in section 3546(a), by striking ‘‘Director’’ 

20 and inserting ‘‘Director of the National Cyberspace 

21 Office’’; and 

22 (2) in section 3545(e)— 

23 (A) in paragraph (1), by inserting ‘‘and 

24 the Director of the National Cyberspace Office’’ 

25 after ‘‘submit to the Director’’; and 


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1 (B) in paragraph (2), by inserting ‘‘and 

2 the Director of the National Cyberspace Office’’ 

3 after ‘‘the Director’’. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

6 (1) AGENCY.—The term ‘‘agency’’ has the 

7 meaning given that term in section 3502 of title 44, 

8 United States Code. 

9 (2) INFORMATION INFRASTRUCTURE.—The 

10 term ‘‘information infrastructure’’ means the under11 lying framework that information systems and assets 

12 rely on in processing, storing, or transmitting infor13 mation electronically. 

14 (3) INFORMATION RESOURCES MANAGEMENT.— 

15 The term ‘‘information resources management’’ has 

16 the meaning given that term in section 3502 of title 

17 44, United States Code. 

18 (4) INFORMATION SECURITY.—The term ‘‘infor19 mation security’’ has the meaning given that term in 

20 section 3542 of title 44, United States Code. 

21 (5) INFORMATION TECHNOLOGY.—The term 

22 ‘‘information technology’’ has the meaning given 

23 that term in section 11101 of title 40, United States 

24 Code. 


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1 (6) NATIONAL SECURITY SYSTEM.—The term 

2 ‘‘national security system’’ has the meaning given 

3 that term in section 3542 of title 44, United States 

4 Code. 

Æ 


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