,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gcca ,,in ,,the ,,house ,,of ,,representatives ,june #be1 #bjbj,mr4 ,langevin 7for himself1 ,mr4 ,gallagher1 ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york1 ,mr4 ,katko1 ,mr4 ,ruppersberger1 and ,mr4 ,hurd of ,texas7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,reform1 and in addition to the ,committees on ,armed ,services1 ,foreign ,affairs1 and ,intelligence 7,permanent ,select71 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish the ,office of the ,national ,cyber ,director1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,cyber ,director ,act4 #b4 ,national ,cyber ,director 7a7 ,establishment ,there is established1 within the ,executive ,office of the ,president1 the ,office of the ,national ,cyber ,director 7in this section referred to as the ,office74 7b7 ,national ,cyber ,director 7#a7 ,in general ,the ,office shall be headed by the ,national ,cyber ,director 7in this section referred to as the ,director7 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 ,as an exercise of the rulemaking power of the ,senate1 any nomination of the ,director submitted to the ,senate for confirmation1 and referred to a committee1 shall be jointly referred to the ,homeland ,security and ,governmental ,affairs and the ,armed ,services ,committees of the ,senate4 ,the ,director shall hold office at the pleasure of the ,president1 and shall be entitled to receive the same pay and allowances as are provided for level ,i of the ,executive ,schedule under section #ecab of title #e1 ,united ,states ,code4 7#b7 ,deputy directors ,there shall be two ,deputy ,national ,cyber ,directors1 to be appointed by the ,president1 who shall hold office at the pleasure of the ,president1 and who shall report to the ,director1 as follows3 7,a7 ,the ,deputy ,national ,cyber ,director for ,strategy1 ,capabilities1 and ,budget4 7,b7 ,the ,deputy ,national ,cyber ,director for ,plans and ,operations4 7c7 ,duties of the ,national ,cyber ,director 7#a7 ,in general ,subject to the authority1 direction1 and control of the ,president1 the ,director shall-- 7,a7 serve as the principal advisor to the ,president on cybersecurity strategy and policy2 7,b7 in consultation with appropriate ,federal departments and agencies1 develop the ,united ,states ,national ,cyber ,strategy1 which shall include elements related to ,federal departments and agencies-- 7i7 information security2 and 7ii7 programs and policies intended to improve the ,united ,states cybersecurity posture2 7,c7 in consultation with appropriate ,federal departments and agencies and upon approval of the ,national ,cyber ,strategy by the ,president1 supervise implementation of the strategy by-- 7i7 in consultation with the ,director of the ,office of ,management and ,budget1 monitoring and assessing the effectiveness1 including cost-effectiveness1 of ,federal departments and agencies' implementation of the strategy2 7ii7 making recommendations relevant to changes in the organization1 personnel and resource allocation1 and policies of ,federal departments and agencies to the ,director of the ,office of ,management and ,budget and heads of such departments and agencies in order to implement the strategy2 7iii7 reviewing the annual budget proposal for each ,federal department or agency and certifying to the head of each ,federal department or agency and the ,director of the ,office of ,management and ,budget whether the department or agency proposal is consistent with the strategy2 7iv7 continuously assessing and making relevant recommendations to the ,president on the appropriate level of integration and interoperability across the ,federal cybersecurity operations centers2 7v7 coordinating with the ,federal ,chief ,information ,officer1 the ,federal ,chief ,information ,security ,officer1 the ,director of the ,cybersecurity and ,infrastructure ,security ,agency1 and the ,director of ,national ,institute of ,standards and ,technology on the development and implementation of policies and guidelines related to issues of ,federal department and agency information security2 and 7vi7 reporting annually to the ,president and the ,congress on the state of the ,united ,states cybersecurity posture1 the effectiveness of the strategy1 and the status of ,federal departments and agencies' implementation of the strategy2 7,d7 lead joint interagency planning for the ,federal ,government's integrated response to cyberattacks and cyber campaigns of significant consequence1 to include-- 7i7 coordinating with relevant ,federal departments and agencies in the development of1 for the approval of the ,president1 joint1 integrated operational plans1 processes1 and playbooks for incident response that feature-- 7,i7 clear lines of authority and lines of effort across the ,federal ,government2 7,,ii7 authorities that have been delegated to an appropriate level to facilitate effective operational responses across the ,federal ,government2 and 7,,iii7 support for the integration of defensive cyber plans and capabilities with offensive cyber plans and capabilities in a manner consistent with improving the ,united ,states cybersecurity posture2 7ii7 exercising these operational plans1 processes1 and playbooks2 7iii7 updating these operational plans1 processes1 and playbooks for incident response as needed in coordination with ongoing offensive cyber plans and operations2 and 7iv7 ensuring these plans1 processes1 and playbooks are properly coordinated with relevant private sector entities1 as appropriate2 7,e7 direct the ,federal ,government's response to cyberattacks and cyber campaigns of significant consequence1 to include-- 7i7 developing for the approval of the ,president1 with the heads of relevant ,federal departments and agencies independently or through the ,national ,security ,council as directed by the ,president1 operational priorities1 requirements1 and tasks2 7ii7 coordinating1 deconflicting1 and ensuring the execution of operational activities in incident response2 and 7iii7 coordinating operational activities with relevant private sector entities2 7,f7 engage with private sector leaders on cybersecurity and emerging technology issues with the support of1 and in coordination with1 the ,cybersecurity and ,infrastructure ,security ,agency and other ,federal departments and agencies1 as appropriate2 7,g7 annually report to ,congress on cybersecurity threats and issues facing the nation1 including any new or emerging technologies that may impact national security1 economic prosperity1 or enforcing the rule of law2 and 7,h7 be responsible for such other functions as the ,president may direct4 7#b7 ,delegation of authority ,the ,director may-- 7,a7 serve as the senior representative on any body that the ,president may establish for the purpose of providing the ,president advice on cybersecurity2 7,b7 be empowered to convene ,national ,security ,council1 ,national ,economic ,council and ,homeland ,security ,council meetings1 with the concurrence of the ,national ,security ,advisor1 ,homeland ,security ,advisor1 or ,director of the ,national ,economic ,council1 as appropriate2 7,c7 be included as a participant in preparations for and1 if appropriate1 execution of cybersecurity summits and other international meetings at which cybersecurity is a major topic2 7,d7 delegate any of the ,director's functions1 powers1 and duties to such officers and employees of the ,office as he may designate2 and 7,e7 authorize such successive re-delegations of such functions1 powers1 and duties to such officers and employees of the ,office as he may deem appropriate4 7d7 ,attendance and participation in ,national ,security ,council meetings ,section #aja7;c77#b7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjba7;c77#b77 is amended by striking and the ,chairman of the ,joint ,chiefs of ,staff and inserting the ,chairman of the ,joint ,chiefs of ,staff1 and the ,national ,cyber ,director4 7e7 ,powers of the ,director ,the ,director may1 for the purposes of carrying out the ,director's functions under this section-- 7#a7 subject to the civil service and classification laws1 select1 appoint1 employ1 and fix the compensation of such officers and employees as are necessary and prescribe their authority and duties1 except that not more than #ge individuals may be employed without regard to any provision of law regulating the employment or compensation at rates not to exceed the basic rate of basic pay payable for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code2 7#b7 employ experts and consultants in accordance with section #caji of title #e1 ,united ,states ,code1 and compensate individuals so employed for each day 7including travel time7 at rates not in excess of the maximum rate of basic pay for grade ,,gs-#ae as provided in section #eccb of such title1 and while such experts and consultants are so serving away from their homes or regular place of business1 to pay such employees travel expenses and per diem in lieu of subsistence at rates authorized by section #egjc of such title #e for persons in ,federal ,government service employed intermittently2 7#c7 promulgate such rules and regulations as may be necessary to carry out the functions1 powers1 and duties vested in the ,director2 7#d7 utilize1 with their consent1 the services1 personnel1 and facilities of other ,federal agencies2 7#e7 enter into and perform such contracts1 leases1 cooperative agreements1 or other transactions as may be necessary in the conduct of the work of the ,office and on such terms as the ,director may determine appropriate1 with any ,federal agency1 or with any public or private person or entity2 7#f7 accept voluntary and uncompensated services1 notwithstanding the provisions of section #acdb of title #ca1 ,united ,states ,code2 7#g7 adopt an official seal1 which shall be judicially noticed2 and 7#h7 provide1 where authorized by law1 copies of documents to persons at cost1 except that any funds so received shall be credited to1 and be available for use from1 the account from which expenditures relating thereto were made4 7f7 ,definitions ,in this section3 7#a7 ,cybersecurity posture ,the term cybersecurity posture means the ability to identify and protect1 and detect1 respond to and recover from intrusions in1 information systems the compromise of which could constitute a cyber attack or cyber campaign of significant consequence4 7#b7 ,cyber attacks and cyber campaigns of significant consequence ,the term cyber attacks and cyber campaigns of significant consequence means an incident or series of incidents that have the purpose or effect of-- 7,a7 causing a significant disruption to the availability of a ,federal information system2 7,b7 harming1 or otherwise significantly compromising the provision of service by1 a computer or network of computers that support one or more entities in a critical infrastructure sector2 7,c7 significantly compromising the provision of services by one or more entities in a critical infrastructure sector2 7,d7 causing a significant misappropriation of funds or economic resources1 trade secrets1 personal identifiers1 or financial information for commercial or competitive advantage or private financial gain2 or 7,e7 otherwise constituting a significant threat to the national security1 foreign policy1 or economic health or financial stability of the ,united ,states4 7#c7 ,incident ,the term incident has the meaning given that term in section #ceeb of title #dd1 ,united ,states ,code4 7#d7 ,information security ,the term information security has the meaning given that term in section #ceeb of title #dd1 ,united ,states ,code4