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 Serv-
ices and Select Intelligence (Permanent Select), for a period to be subse-
quently 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Executive Cyberspace 
Authorities Act of 2010’’. 
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SEC. 2. NATIONAL CYBERSPACE OFFICE. 
(a) ESTABLISHMENT.—There is established within 
the Executive Office of the President an office to be known 
as the National Cyberspace Office. 
(b) DIRECTOR.—There shall be at the head of the 
National Cyberspace Office a Director, who shall be ap-
pointed by the President by and with the advice and con-
sent of the Senate. The Director of the National Cyber-
space Office shall administer all functions under this sec-
tion and collaborate to the extent practicable with the 
heads of appropriate agencies, the private sector, and 
international partners. The National Cyberspace Office 
shall serve as the principal office for coordinating issues 
relating to achieving an assured, reliable, secure, and sur-
vivable information infrastructure and related capabilities 
for the Federal Government. 
(c) AUTHORITY AND FUNCTIONS OF THE DIRECTOR 
OF THE NATIONAL CYBERSPACE OFFICE.— 
(1) DUTIES OF THE DIRECTOR.—The Director 
of the National Cyberspace Office shall— 
(A) oversee agency information security 
policies and practices, including— 
(i) developing and overseeing the im-
plementation of policies, principles, stand-
ards, and guidelines on information secu-
rity, including through ensuring timely 
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agency adoption of and compliance with 
such policies, principles, standards, and 
guidelines; 
(ii) reviewing at least annually, and 
approving or disapproving, each agency 
budget relating to the protection of infor-
mation technology submitted pursuant to 
subsection (d); 
(iii) coordinating the development of 
standards and guidelines under section 20 
of the National Institute of Standards and 
Technology Act (15 U.S.C. 278g–3) with 
agencies and offices operating or exercising 
control of national security systems (in-
cluding the National Security Agency) to 
assure, to the maximum extent feasible, 
that such standards and guidelines are 
complementary with standards and guide-
lines developed for national security sys-
tems; 
(iv) coordinating information security 
policies and procedures with related infor-
mation resources management policies and 
procedures; 
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(v) overseeing the operation of the 
Federal information security incident cen-
ter required under section 3546 of title 44, 
United States Code; and 
(vi) reporting to Congress not later 
than March 1 of each year on agency com-
pliance with the requirements of this Act, 
including— 
(I) a summary of the findings of 
the independent evaluation required 
by section 3545 of title 44, United 
States Code; 
(II) an assessment of the devel-
opment, promulgation, and adoption 
of, and compliance with, standards de-
veloped under section 20 of the Na-
tional Institute of Standards and 
Technology Act (15 U.S.C. 278g–3); 
(III) significant deficiencies in 
agency information security practices; 
(IV) planned remedial action to 
address such deficiencies; and 
(V) a summary of, and the views 
of the Director on, the report pre-
pared by the National Institute of 
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Standards and Technology under sec-
tion 20(d)(10) of the National Insti-
tute of Standards and Technology Act 
(15 U.S.C. 278g–3); 
(B) 
encourage 
public-private 
working 
groups with representatives from relevant agen-
cies and industry partners to increase informa-
tion sharing and policy coordination efforts in 
order to reduce vulnerabilities in the national 
information infrastructure; 
(C) coordinate the defense of information 
infrastructure operated by agencies in the case 
of a large-scale attack on information tech-
nology, as determined by the Director; 
(D) establish a national strategy, in con-
sultation with the Department of State, the 
United States Trade Representative, and the 
National Institute of Standards and Tech-
nology, to engage with the international com-
munity to set the policies, principles, standards, 
or guidelines for information security; and 
(E) coordinate information security train-
ing for Federal employees with the Office of 
Personnel Management. 
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(2) CONSULTATION.—The head of each agency 
shall consult with the Director regarding information 
security policies and practices. 
(3) EXPERTS AND CONSULTANTS.—The Direc-
tor may procure temporary and intermittent services 
under section 3109(b) of title 5, United States Code. 
(4) MEMBERSHIP ON THE NATIONAL SECURITY 
COUNCIL.—Section 101(a) of the National Security 
Act of 1947 (50 U.S.C. 402(a)) is amended— 
(A) by redesignating paragraphs (7) and 
(8) as paragraphs (8) and (9), respectively; and 
(B) by inserting after paragraph (6) the 
following: 
‘‘(7) the Director of the National Cyberspace 
Office;’’. 
(d) BUDGET APPROVAL.— 
(1) SUBMISSION
OF
BUDGET.—The head of 
each agency shall submit to the Director of the Na-
tional Cyberspace Office a budget each year for the 
following fiscal year relating to the protection of in-
formation technology for such agency, by a date de-
termined by the Director that is before the submis-
sion of such budget by the head of the agency to the 
Office of Management and Budget. 
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(2) BUDGET APPROVAL.—The Director shall re-
view and approve or disapprove the budget before 
the submission of such budget by the head of the 
agency to the Office of Management and Budget. 
(3) BUDGET
DISAPPROVAL.—If the Director 
disapproves a budget under paragraph (2), the Di-
rector shall transmit recommendations to the head 
of the agency for such budget. 
(4) BUDGET
SUBMISSION
REQUIREMENTS.— 
Each budget submitted by the head of an agency 
pursuant to paragraph (1) shall include— 
(A) a review of any threats to information 
technology for such agency; 
(B) a plan to secure the information infra-
structure for such agency based on threats to 
information technology, using the National In-
stitute of Standards and Technology guidelines 
and recommendations; 
(C) a review of compliance by such agency 
with any previous year plan described in sub-
paragraph (B); and 
(D) a report on the development of the 
credentialing process to enable secure authen-
tication of identity and authorization for access 
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to the information infrastructure of such agen-
cy. 
(5) CYBER SECURITY PERFORMANCE.—The Na-
tional Cyberspace Office may recommend to the 
President that awards and bonuses be withheld for 
any agency that failed to make adequate efforts to 
secure the information infrastructure of such agen-
cy. 
(e) NATIONAL SECURITY SYSTEMS.—Except for the 
authority described in clauses (iii) and (vi) of subsection 
(c)(1)(A), the authorities of the Director of the National 
Cyberspace Office under this section shall not apply to na-
tional security systems. 
(f) DEPARTMENT OF DEFENSE AND CENTRAL IN-
TELLIGENCE AGENCY SYSTEMS.— 
(1) DELEGATION OF AUTHORITY.—The author-
ity of the Director of the National Cyberspace Office 
described in subparagraphs (A)(i) and (C) of sub-
section (c)(1) shall be delegated to the Secretary of 
Defense in the case of systems described in para-
graph (2) and to the Director of Central Intelligence 
in the case of systems described in paragraph (3). 
(2) DEPARTMENT OF DEFENSE.—The systems 
described in this paragraph are systems that are op-
erated by the Department of Defense, a contractor 
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of the Department of Defense, or another entity on 
behalf of the Department of Defense that processes 
any information the unauthorized access, use, disclo-
sure, disruption, modification, or destruction of 
which would have a debilitating impact on the mis-
sion of the Department of Defense. 
(3) CENTRAL
INTELLIGENCE
AGENCY.—The 
systems described in this paragraph are systems 
that are operated by the Central Intelligence Agen-
cy, a contractor of the Central Intelligence Agency, 
or another entity on behalf of the Central Intel-
ligence Agency that processes any information the 
unauthorized access, use, disclosure, disruption, 
modification, or destruction of which would have a 
debilitating impact on the mission of the Central In-
telligence Agency. 
(g) CONFORMING AMENDMENTS.—Title 44, United 
States Code, is amended— 
(1) in section 3546(a), by striking ‘‘Director’’ 
and inserting ‘‘Director of the National Cyberspace 
Office’’; and 
(2) in section 3545(e)— 
(A) in paragraph (1), by inserting ‘‘and 
the Director of the National Cyberspace Office’’ 
after ‘‘submit to the Director’’; and 
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(B) in paragraph (2), by inserting ‘‘and 
the Director of the National Cyberspace Office’’ 
after ‘‘the Director’’. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given that term in section 3502 of title 44, 
United States Code. 
(2) 
INFORMATION
INFRASTRUCTURE.—The 
term ‘‘information infrastructure’’ means the under-
lying framework that information systems and assets 
rely on in processing, storing, or transmitting infor-
mation electronically. 
(3) INFORMATION RESOURCES MANAGEMENT.— 
The term ‘‘information resources management’’ has 
the meaning given that term in section 3502 of title 
44, United States Code. 
(4) INFORMATION SECURITY.—The term ‘‘infor-
mation security’’ has the meaning given that term in 
section 3542 of title 44, United States Code. 
(5) INFORMATION
TECHNOLOGY.—The term 
‘‘information technology’’ has the meaning given 
that term in section 11101 of title 40, United States 
Code. 
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(6) NATIONAL SECURITY SYSTEM.—The term 
‘‘national security system’’ has the meaning given 
that term in section 3542 of title 44, United States 
Code. 
Æ 
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