I 

115TH CONGRESS 

2D SESSION H. R. 5822 

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

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2018 

Mr. LANGEVIN (for himself, Mr. TED LIEU of California, Mrs. DINGELL, Mr. 

KHANNA, Ms. CLARKE of New York, Mr. RICHMOND, Mr. HECK, Ms. 

JAYAPAL, Ms. NORTON, Ms. VELA ́ZQUEZ, Mr. RUSH, and Mr. RUPPERSBERGER) introduced the following bill; which was referred to the Committee on Oversight and Government Reform 

A BILL 

To establish a National Office for Cyberspace, 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 Coordination Act of 2018’’. 

6 SEC. 2. NATIONAL OFFICE FOR CYBERSPACE. 

7 (a) COORDINATION OF FEDERAL INFORMATION POL8 ICY.—Subchapter II of chapter 35 of title 44, United 

9 States Code, is amended— 


pbinns on DSK79D2C42PROD with BILLS
2 

•HR 5822 IH

1 (1) in section 3552(b), by adding at the end the 

2 following new paragraphs: 

3 ‘‘(8) The term ‘Director’ means the Director of 

4 the National Office for Cyberspace. 

5 ‘‘(9) The term ‘information infrastructure’ 

6 means the underlying framework that information 

7 systems and assets rely on in processing, storing, or 

8 transmitting information electronically.’’; 

9 (2) in section 3553(a)— 

10 (A) in paragraph (5), by striking ‘‘; and’’ 

11 and inserting a semicolon; 

12 (B) in paragraph (6), by striking the pe13 riod at the end and inserting a semicolon; and 

14 (C) by inserting after paragraph (6) the 

15 following new paragraphs: 

16 ‘‘(7) reviewing at least annually, and approving 

17 or disapproving, agency information security pro18 grams required under section 3554(b); 

19 ‘‘(8) coordinating the defense of information in20 frastructure operated by agencies in the case of a 

21 large-scale attack on information infrastructure, as 

22 determined by the Director; 

23 ‘‘(9) coordinating information security training 

24 for Federal employees with the Director of the Of25 fice of Personnel Management; 


pbinns on DSK79D2C42PROD with BILLS
3 

•HR 5822 IH

1 ‘‘(10) ensuring the adequacy of protections for 

2 privacy and civil liberties in carrying out the respon3 sibilities of the Director under this subchapter; 

4 ‘‘(11) making recommendations that the Direc5 tor determines are necessary to ensure risk-based se6 curity of the Federal information infrastructure and 

7 information infrastructure that is owned, operated, 

8 controlled, or licensed for use by, or on behalf of, the 

9 Department of Defense, a military department, or 

10 another element of the intelligence community to— 

11 ‘‘(A) the Director of the Office of Manage12 ment and Budget; 

13 ‘‘(B) the head of an agency; or 

14 ‘‘(C) to Congress with regard to the re15 programming of funds; 

16 ‘‘(12) ensuring, in consultation with the Admin17 istrator of the Office of Information and Regulatory 

18 Affairs, that the efforts of agencies relating to the 

19 development of regulations, rules, requirements, or 

20 other actions applicable to the national information 

21 infrastructure are complementary; 

22 ‘‘(13) when directed by the President, carrying 

23 out the responsibilities for national security and 

24 emergency preparedness communications described 

25 in section 706 of the Communications Act of 1934 


pbinns on DSK79D2C42PROD with BILLS
4 

•HR 5822 IH

1 (47 U.S.C. 606) to ensure integration and coordina2 tion; and 

3 ‘‘(14) as assigned by the President, other duties 

4 relating to the security and resiliency of cyber5 space.’’; 

6 (3) by adding at the end of section 3554, the 

7 following new subsection: 

8 ‘‘(f) BUDGET ASSESSMENT AND REPORTING.— 

9 ‘‘(1) AGENCY SUBMISSION.—The head of each 

10 agency shall submit to the Director a budget each 

11 year for the following fiscal year relating to the pro12 tection of information infrastructure for such agen13 cy, by a date determined by the Director that is be14 fore July 1 of each year. Such budget shall in15 clude— 

16 ‘‘(A) a review of any threats to information 

17 technology for such agency; 

18 ‘‘(B) a plan to secure the information in19 frastructure for such agency based on threats 

20 to information technology, using the National 

21 Institute of Standards and Technology guide22 lines and recommendations; 

23 ‘‘(C) a review of compliance by such agen24 cy with any previous year plan described in sub25 paragraph (B); and 


pbinns on DSK79D2C42PROD with BILLS
5 

•HR 5822 IH

1 ‘‘(D) a report on the development of the 

2 credentialing process to enable secure authen3 tication of identity and authorization for access 

4 to the information infrastructure of such agen5 cy. 

6 ‘‘(2) ASSESSMENT AND CERTIFICATION.—The 

7 Director shall assess and certify the adequacy of 

8 each budget submitted under paragraph (1). 

9 ‘‘(3) AGENCY RECOMMENDATIONS.—Not later 

10 than July 1 of each year, the Director shall submit 

11 to the head of each agency budget recommendations, 

12 including requests for specific initiatives that are 

13 consistent with the priorities of the President relat14 ing to the protection of information infrastructure. 

15 Such budget recommendations shall— 

16 ‘‘(A) apply to the next budget year sched17 uled for formulation under chapter 11 of title 

18 31, and each of the 4 subsequent fiscal years; 

19 and 

20 ‘‘(B) address funding priorities developed 

21 in the National Office for Cyberspace. 

22 ‘‘(4) RECOMMENDATIONS TO THE PRESI23 DENT.—The Director shall make recommendations 

24 to the President that the Director determines are 

25 appropriate regarding changes in the organization, 


pbinns on DSK79D2C42PROD with BILLS
6 

•HR 5822 IH

1 management, and budget of each agency relating to 

2 the protection of information infrastructure in each 

3 such agency, and changes in the allocation of per4 sonnel to and within such agency, including mone5 tary penalties or incentives necessary to encourage 

6 and maintain accountability of any agency, or senior 

7 agency official, for efforts to secure the information 

8 infrastructure of such agency.’’; and 

9 (4) by adding at the end the following new sec10 tion: 

11 ‘‘§ 3560. National Office for Cyberspace 

12 ‘‘(a) ESTABLISHMENT.—There is established within 

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

14 as the National Office for Cyberspace. 

15 ‘‘(b) DIRECTOR.— 

16 ‘‘(1) IN GENERAL.—There shall be at the head 

17 of the National Office for Cyberspace a Director, 

18 who shall be appointed by the President by and with 

19 the advice and consent of the Senate. The Director 

20 of the National Office for Cyberspace shall admin21 ister all functions designated to such Director under 

22 sections 3553 and 3555 and collaborate to the ex23 tent practicable with the heads of appropriate agen24 cies, the private sector, and international partners. 

25 The Office shall serve as the principal office for coVerDate Sep 11 2014 02:52 May 31, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5822.IH H5822

pbinns on DSK79D2C42PROD with BILLS
7 

•HR 5822 IH

1 ordinating issues relating to cyberspace, including 

2 achieving an assured, reliable, secure, and survivable 

3 information infrastructure and related capabilities 

4 for the Federal Government, while promoting na5 tional economic interests, security, and civil liberties. 

6 ‘‘(2) BASIC PAY.—The Director of the National 

7 Office for Cyberspace shall be paid at the rate of 

8 basic pay for level III of the Executive Schedule. 

9 ‘‘(c) STAFF.—The Director of the National Office for 

10 Cyberspace may appoint and fix the pay of additional per11 sonnel as the Director considers appropriate. 

12 ‘‘(d) EXPERTS AND CONSULTANTS.—The Director of 

13 the National Office for Cyberspace may procure temporary 

14 and intermittent services under section 3109(b) of title 

15 5.’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

17 The table of sections for subchapter II of chapter 35 of 

18 title 44, United States Code, is amended by adding at the 

19 end the following: 

‘‘3560. National Office for Cyberspace.’’. 

20 (c) NATIONAL STRATEGY REQUIRED.—Not later 

21 than one year after the date of the enactment of this Act, 

22 the Director of the National Office for Cyberspace shall 

23 establish a national strategy for improving agency infor24 mation security. 


pbinns on DSK79D2C42PROD with BILLS
8 

•HR 5822 IH

1 (d) EFFECTIVE DATE.—This section, and the amend2 ments made by this section, shall take effect 180 days 

3 after the date of the enactment of this Act. 

Æ 


pbinns on DSK79D2C42PROD with BILLS