June 5, 2015

The House passed H.R. 1335, the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act and HR 2578, the FY16 Commerce Justice Science appropriations bill, and began consideration of HR 2577, the FY16 Transportation HUD appropriations bill. The Senate reconvened on Sunday and voted 77 to 7 to invoke cloture on the motion to proceed to HR 2048, the USA Freedom Act. They passed the bill on Tuesday by a vote of 67 to 32 defeating several Republican amendments in the process. President Obama then signed the legislation into law reauthorizing key USA PATRIOT Act programs through December 15, 2019. The Senate also passed by unanimous consent HR 2146, a bill extending the exemption from the 10% penalty tax for early distributions from a government retirement to specified federal law enforcement officers, customs and border protection officers, federal firefighters, and air traffic controllers who have reached age 50. The bill now goes to the President for his signature. And the Senate confirmed the nomination of Michael Keith Yudin to be Assistant Secretary for Special Education and Rehabilitative Services at the Department of Education. Finally, the Senate began consideration of HR 1735 (S 1736), the FY16 National Defense Authorization Act.

FY16 Appropriations

House

The House considered two FY16 spending bills (Commerce-Justice-Science and Transportation HUD) on the House floor this week and marked up two more bills (State Foreign Operations and Defense) in subcommittee and full committee. The House Appropriations Committee will mark up their FY16 Interior spending bill in subcommittee next Wednesday (June 10).

Commerce-Justice-Science

The FY16 Commerce-Justice-Science (CJS) appropriations bill was the fourth FY16 spending bill passed by the House this year after it passed by a vote of 242 to 183. Twelve Democrats voted for the $51.4B measure while 10 Republicans voted against it after they voted on several contentious amendments involving Cuba, ammunition, immigration, and marijuana. The White House issued a Statement of Administration Policy that included a veto threat for the bill.

White House Statement of Administration Policy on House FY16 CJS Appropriations Bill:

https://www.whitehouse.gov/sites/default/files/omb/legislative/sap/114/saphr2578r_20150601.pdf

Transportation HUD

After passing the FY16 CJS spending bill, the House turned its attention to the $55.3B FY16 Transportation HUD appropriations bill. Consideration of the $55.3B measure will continue next week with a vote on final passage likely on Tuesday. While House leadership claims that an unexpectedly large number of amendments forced them to push off the final vote to next week, conservative Republicans could join a united Democratic front opposing the bill over spending levels. The Administration issued a veto threat for this bill citing objections to funding levels as well as the inclusion of Cuba policy provisions restricting travel.

White House Statement of Administration Policy on House FY16 Transportation HUD Appropriations Bill:

https://www.whitehouse.gov/sites/default/files/omb/legislative/sap/114/saphr2577r_20150601.pdf

Defense

The House Appropriations Committee approved their FY16 Defense Appropriations bill in full committee by voice vote this week. The bill provides $578.6B, which includes $88.4B in Overseas Contingency Operations (OCO) funding. This is an increase of $24.4B above FY15 enacted levels and $800M above the President’s FY16 budget request. The bill now heads to the House floor for consideration.

Two amendments were adopted during the full committee markup: a manager’s amendment offered by Rep. Rodney Frelinghuysen (R-NJ) and an amendment adding a sense of Congress that “Congress has a constitutional duty to debate and determine whether or not to authorize the use of military force against ISIL.” The amendment was offered by Rep. Barbara Lee (D-CA) and was adopted by a vote of 29 to 22.

During full committee consideration of the bill, Democrats offered amendments attempting to reallocate the Republicans’ $38B addition to the Overseas Contingency Operations (OCO) fund to the base budget. Democrats claimed the additional OCO funds were being used to evade the spending caps of the Budget Control Act (BCA). While they were unsuccessful in their attempts, the fight over the OCO account is expected to spill over to the floor when the bill is considered later this month.

Office of Management and Budget (OMB) Director Shaun Donovan sent a letter to House Appropriations Chairman Hal Rogers (R-KY) this week sharing the Administration’s concerns with funding levels, the use of OCO funds for base requirements, and several policy riders in the committee’s FY16 Defense Appropriations bill.

OMB Director Donovan Letter to Chairman Rogers:

https://www.whitehouse.gov/sites/default/files/omb/legislative/letters/dod-house-letter-harold-rogers.pdf

State Foreign Operations

The House Appropriations subcommittee on State Foreign Operations marked up their $47.8B FY16 spending bill this week. The bill appropriates $40.5B in base discretionary funding and $7.3B for Overseas Contingency Operations (OCO)/Global War on Terror (GWOT) funding. The bill is $1.4B below the FY15 enacted level and $6.1B below the President’s FY16 budget request. The bill includes a provision prohibiting the use of funds for an embassy or diplomatic facility in Cuba beyond what was already in existence prior to the President’s announcement proposing changes to the US-Cuba policy. The bill doesn’t include any funding for the International Monetary Fund and several international climate change funds.

Senate

The Senate Appropriations Defense and Commerce-Justice-Science subcommittees will mark up their spending bills Tuesday and Wednesday of next week, respectively. The full committee will mark up both bills Thursday, along with the Legislative Branch appropriations measure.

OMB Director Donovan sent two letters to Senate Appropriations Committee Chairman Thad Cochran (R-MS) this week sharing the Administration’s concerns with funding levels and provisions in the committee’s FY16 Energy and Water and Military Construction-Veterans Affairs spending bills.

OMB Director Donovan Letter to Chairman Cochran re: Energy & Water:

https://www.whitehouse.gov/sites/default/files/omb/legislative/letters/senate-energy-water-development-appropriations-letter.pdf

OMB Director Donovan Letter to Chairman Cochran re: Military Construction:

https://www.whitehouse.gov/sites/default/files/omb/legislative/letters/senate-military-construction-veteran-affairs-appropriations-letter.pdf

Status of FY16 Appropriations Bills

FY16 National Defense Authorization Act

The Senate began floor consideration of its FY16 National Defense Authorization Act (NDAA) this week and currently has more than 200 amendments filed for next week’s debate. They hope to finish work on the $621B bill before the end of next week. Senate Armed Services Committee Chairman John McCain (R-AZ) urged Democrats not to hold up the bill over spending caps even though he would also like to see the sequester caps repealed. While Democrats did not oppose the motion to move to consider the bill on the floor, they could still filibuster the final bill.

The Administration issued a veto threat for the bill in the Statement of Administration Policy they released this week. They cited several concerns with the bill including the use of the Overseas Contingency Operations (OCO) account as a workaround for the budget spending caps, the failure to authorize a new round of Base Realignment and Closures (BRAC), the inclusion of Guantanamo detainee provisions that would impede efforts to close the facility, and some defense acquisition reforms.

And finally, the Congressional Budget Office (CBO) released their cost estimate for the bill this week. CBO calculated that if funds were appropriated for this authorization bill, $515.5 billion of the authorized amounts would count against the defense cap for FY16 set in the Budget Control Act of 2011 (BCA). Another $0.2 billion would count against the nondefense cap. An additional $88.9 billion would be authorized for OCO that, if appropriated, would not count against the caps; of that amount, $49.9 billion would be for war-related activities, while the remaining $39.0 billion would be used for “base budget” activities that in recent years have counted against the defense caps.

White House Statement of Administration Policy on S 1736:

https://www.whitehouse.gov/sites/default/files/omb/legislative/sap/114/saps1376s_20150602.pdf

CBO Cost Estimate on S 1736:

https://www.cbo.gov/publication/50266

Political Updates

Two new Republican candidates threw their hats into the ring this week for the 2016 Presidential race – Sen. Lindsey Graham (R-SC) and former Texas Governor Rick Perry. They join the already crowded Republican field that includes Sen. Ted Cruz (R-TX), Sen. Rand Paul (R-KY), Sen. Marco Rubio (R-FL), former HP CEO Carly Fiorina, retired neurosurgeon Ben Carson, former Arkansas Governor Mike Huckabee, former NY Governor George Pataki, and former Sen. Rick Santorum (R-PA). Former Florida Governor Jeb Bush is expected to announce his candidacy on June 15. On the Democrat side, former Maryland Governor Martin O’Malley and former Rhode Island Governor and Senator (and former Republican) Lincoln Chaffee announced their candidacies. They join former Secretary of State Hillary Clinton and Sen. Bernie Sanders (I-VT).

The 1^st Congressional District of Mississippi held a special-election runoff on Tuesday after no candidate received 50% of the vote in the special election on May 12. Republican District Attorney Trent Kelly won the runoff with 70% of the vote and will succeed the late Rep. Alan Nunnelee.

Homeland Security Secretary Jeh Johnson on Monday reassigned the Acting Administrator of the Transportation Security Administration (TSA) after the agency’s Inspector General briefed the Secretary on a report analyzing vulnerabilities in airport security. The TSA’s acting administrator, Melvin Carraway, is being reassigned to serve in the Office of State and Local Law Enforcement at DHS Headquarters and Acting Deputy Director Mark Hatfield will lead the TSA until a new administrator is appointed. Coast Guard Vice Adm. Pete Neffenger was nominated for the position earlier this year by President Obama and is awaiting a Senate vote on his confirmation. The Senate Committee on Commerce, Science, and Transportation approved Neffenger’s confirmation by voice vote in an off-the-floor meeting this week. The Senate Homeland Security and Governmental Affairs Committee has scheduled a hearing on his nomination for June 10.

Todd Zinser, Inspector General at the Commerce Department, retired suddenly on Wednesday after 31 years of public service.

President Obama nominated Marie Therese Dominguez to be Administrator of the Pipeline and Hazardous Materials Safety Administration at the Department of Transportation, Sarah Feinberg to be Administrator of the Federal Railroad Administration at the Department of Transportation, Scott Allen to be the United States Director at the European Bank for Reconstruction and Development, and Mary Kendall to be Inspector General at the Department of the Interior.

Defense Secretary Ash Carter selected Air Force Gen. Darren McDew to serve as the next commander of U.S. Transportation Command. McDew is currently serving as commander of Air Mobility Command. He will replace Gen. Paul Selva, who was nominated to be the next vice chairman of the Joint Chiefs of Staff.

Dan Kaufman, director of DARPA’s Information Innovation Office, was named deputy director of Google’s Advanced Technology and Projects (ATAP) group.

Ned Price was promoted to be the spokesperson for the White House National Security Counsel. Price was the senior director for strategic communications at the NSC, which he joined in 2014 after serving as spokesperson and analyst for the CIA.

Next Week

The House will resume consideration of HR 2577, the FY16 Transportation HUD appropriations bill. The House will also take up HR 2289, the Commodity End-User Relief Act, HR 2393, the Repealing Country of Origin Labeling Act, and the FY16 Intelligence Authorization act. House Majority Leader Kevin McCarthy (R-CA) has also tentatively scheduled a vote late in the week on the Senate-passed fast-track authority and Trade Adjustment Assistance package (HR 1314) and two other trade bills. The Senate will resume consideration of S 1376, the FY16 National Defense Authorization Act.

May 29, 2015

The Senate passed the Trade Promotion Authority bill last Friday evening by a vote of 62 to 37. The bill now goes to the House where it may face opposition from both Democrats and Republicans. The bill allows the White House to send trade agreements to Congress for straight up-or-down votes without any amendments. President Obama needs the bill to complete an Asia-Pacific trade agreement. The Senate also cleared a two-month reauthorization of highway and transit programs keeping them running until July 31. The bill has been presented to the President for his signature. The Senate rejected the motion to invoke cloture (vote of 57 to 42) on the House-passed HR 2048, the USA Freedom Act as well as on S 1357, a two-month extension of provisions of the Patriot Act (vote of 45 to 54).

Upcoming Congressional Deadlines

Last week the House and Senate passed a short-term reauthorization for highway and transit programs pushing off the deadline for these programs to July 31. There are a number of other looming deadlines in Congress. Here are some of the programs that are set to expire this year:

June 1:           USA PATRIOT Act

June 30:        Export-Import Bank

July 31:          Highway and Transit Reauthorization

Sept. 30:        Child Nutrition & WIC

Sept. 30:        FAA Authorization

Sept. 30:        End of the Federal Fiscal Year

Sept/Oct:        Extraordinary Measures for dealing the Debt Ceiling run out and default becomes possible.

EPA Renewable Fuel Standards

Under the Clean Air Act (CAA), the U.S. Environmental Protection Agency (EPA) is required to set the annual standards for the Renewable Fuel Standard (RFS) program for each year. This morning the EPA released a regulatory action that proposes to establish the annual percentage standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuels that apply to all gasoline and diesel produced or imported in years 2014, 2015, and 2016. EPA is also proposing the applicable volume of biomass-based diesel that will be required in 2017. The EPA proposed volumes below those originally set by Congress with the RFS for 2014 set at the levels that were actually produced and used as transportation fuel, heating oil or jet fuel in the contiguous U.S. and Hawaii. For 2015 and 2016, the EPA is proposing ambitious increases in both advanced biofuel and total renewable fuel in comparison to 2014 levels.

Volumes Used to Determine the Proposed Percentage Standards

Proposed Percentage Standards

The EPA is seeking comment and any new data to inform setting the final volume standards, and will hold a public hearing on June 25, 2015, in Kansas City, Kansas. The Agency intends to take final action on this proposal by November 30, 2015.

EPA Fact Sheet:

http://www.epa.gov/oms/fuels/renewablefuels/documents/420f15028.pdf

EPA Notice of Proposed Rulemaking:

http://www.epa.gov/oms/fuels/renewablefuels/documents/rfs-2014-2016-standards-nprm.pdf

Army Warfighting Challenges

Army Chief of Staff Gen. Ray Odierno laid out a list of 20 capabilities the Army is seeking—including a light vehicle that airborne troops might use during an assault, vertical lift, a “lighter tank-like capability,” etc. The Army Warfighting Challenges (AWFCs) are enduring first order problems, the solutions to which will improve current and future force combat effectiveness. These challenges will be reviewed and updated as needed to remain applicable for the future force. The last review of the AWFCs and related learning demands was completed on May 1^st.

Army Warfighting Challenges:

http://www.arcic.army.mil/Initiatives/army-warfighting-challenges.aspx

Two-Page Flyer of Challenges:

http://www.arcic.army.mil/app_Documents/ARCIC_AUSA-Flyer_Army-Warfighting-Challenges_18MAR15.pdf

Political Updates

Two new Republican candidates threw their hats into the ring this week for the 2016 Presidential race – former NY Governor George Pataki and former Sen. Rick Santorum (R-PA). They join the already crowded Republican field that includes Sen. Ted Cruz (R-TX), Sen. Rand Paul (R-KY), Sen. Marco Rubio (R-FL), former HP CEO Carly Fiorina, retired neurosurgeon Ben Carson, and former Arkansas Governor Mike Huckabee. The announced Democrat field includes former Secretary of State Hillary Clinton and Sen. Bernie Sanders (I-VT).

Rep. Ann Kirkpatrick (D-AZ) announced this week that she will seek the democratic nomination for the US Senate to challenge Sen. John McCain (R-AZ) in his bid for re-election in 2016. Kirkpatrick is currently serving her third term in Congress with seats on the Agriculture and Transportation Committees.

Dr. Peter Lyons, Assistant Secretary for Nuclear Energy at the Department of Energy, will retire on June 30. Lyons was confirmed over four years ago. The Administration will also lose Wendy Sherman at the end of June, when she steps down from her position as Under Secretary of State for Political Affairs at the State Department. However, the Administration is gaining Alan Davidson as Director of Digital Economy at the Commerce Department. Davidson was associate director at the Center for Democracy and Technology until 2005 when he left to open up Google’s Washington office. He left Google in 2011 to head the think tank New America’s Open Technology Institute. And the Department of Health and Human Services (HHS) is getting a new Chief Technology Officer. Susannah Fox joins HHS replacing Bryan Sivak who stepped down in March. Fox is the first female to hold this position at HHS. She previously was associate director of the Pew Research Center and more recently the “entrepreneur in residence” at the Robert Wood Johnson Foundation.

Next Week

The Senate will return on Sunday May 31 at 4 pm and resume consideration of a proposal to temporarily extend expiring provisions of the Patriot Act. The House may take up H.R. 2578, the Commerce Justice Science spending bill; HR 2577, the Transportation HUD spending bill; H.R. 2289, the Commodity End-User Relief Act; and H.R. 1335, the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act. The House Appropriations Committee will consider the FY16 Defense spending bill in full committee on Tuesday morning and the FY16 State Foreign Operations spending bill in subcommittee on Wednesday morning.

May 22, 2015

The House passed S178, the Justice for Human Trafficking Act of 2015. The bill now goes to the President for his signature. The House also passed HR 2353, a two-month reauthorization of the Highway and Transportation Funding programs; HR 2250, the FY16 Legislative Branch Appropriations bill; HR 1806, the America COMPETES Reauthorization Act of 2015; HR 880, the American Research and Competitiveness Act of 2015; and HR 2262, the SPACE Act of 2015. The Senate confirmed Jill Parrish and Jose Rolando Olvera to be United States District Judges, Patricia Cahill to be a member of the Board of Directors of the Corporation for Public Broadcasting, and Mark Scarano to be Federal Chairperson of the Northern Border Regional Commission. The Senate resumed consideration of the Trade Promotion Authority bill (S 995) this week and is expected to vote on a substitute amendment at 5 pm this evening. The Senate would then move on to a cloture vote on the final trade package. After that, the Senate still has two more bills (S 1350, a Highway and Transportation reauthorization bill and HR 2048, the USA Freedom Act) it needs to consider before adjourning for the Memorial Day recess. Senate Majority Leader Mitch McConnell (R-KY) has threatened to keep the Senate in session into the weekend to complete action on these bills.

FY16 Appropriations

House

The House Appropriations Committee marked up their FY16 Commerce Justice Science (CJS) spending bill in full committee this week and their FY16 Defense spending bill in subcommittee. The House also passed the FY16 Legislative Branch spending bill on the House floor this week by a vote of 357 to 67.

Commerce Justice Science

The House Appropriations full committee marked up its FY16 CJS spending bill this week and reported it out by a voice vote. The bill funds the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration (NASA), the National Science Foundation (NSF), and other related agencies. The legislation contains $51.4B in total discretionary funding, an increase of $1.3B over FY15 and $661M below the President’s request for these programs. During the markup, the following six amendments were adopted by the full committee:

1. John Culberson (R-TX) – The manager’s amendment makes technical and non-controversial changes to the bill and report. The amendment was adopted on a voice vote.
2. Sam Farr (D-CA) –The amendment increases funds for the NOAA Bay Watershed and Training education program by $7.2 million, offset by a cut to the NOAA Administrative account. The amendment was adopted on a voice vote.
3. Debbie Wasserman Schultz (D-FL) – The amendment adds $5 million to the DOJ Rape Survivor Child Custody Act program, offset by a cut to the Commerce Departmental Management account. The amendment was adopted on a voice vote.
4. Betty McCollum (D-MN) – The amendment adds report language to support DOJ efforts to prevent the recruitment of at-risk youth to terrorist activities, and requests a report on these efforts. The amendment was adopted on a voice vote.
5. Debbie Wasserman Schultz (D-FL) – The amendment designates $1 million in funding within the Missing and Exploited Children program, for the purpose of hiring wounded warriors to assist with these cases. The amendment was adopted on a voice vote.
6. Chakah Fattah (D-PA) – The amendment names the Preventing Violence Against Law Enforcement Officer Resilience and Survivability (VALOR) initiative in honor of officer Robert Wilson III. The amendment was adopted on a voice vote.

House FY16 CJS Appropriations Bill Text:

http://appropriations.house.gov/uploadedfiles/bills-114hr-fc-ap-fy2016-ap00-cjs.pdf

House FY16 CJS Appropriations Draft Committee Report:

http://appropriations.house.gov/uploadedfiles/hrpt-114-hr-fy2016-cjs.pdf

Defense

The House Defense Appropriations subcommittee marked up its FY16 Defense spending bill this week in a closed session. No amendments were offered, and the bill was approved by a voice vote. The bill provides $578.6B in discretionary funding ($490.2B in base funding and $88.4B in Overseas Contingency Operations funding), an increase of $24.4 billion above the FY15 enacted level and $800 million above the President’s FY16 budget request. The bill provides $200M in military aid for Ukraine including “lethal weapons of a defensive nature.” The bill includes funding for an additional six F-35B Marine Corps fighters and two F-35C Navy variants above the President’s request as well as an additional seven E/A-18G Growlers and five F/A-18EF Super Hornets. The subcommittee also included an additional $453M to keep the A-10 Warthog flying and language blocking the Air Force from their plans to divest and retire the A-10.

House FY16 Defense Appropriations Bill Text:

http://appropriations.house.gov/uploadedfiles/bills-114hr-sc-ap-fy2016-defense-subcommitteedraft.pdf

Senate

The Senate Appropriations Committee marked up its FY16 Military Construction-Veterans Affairs and Energy and Water spending bills in subcommittee and full committee this week. The committee also approved its top-line spending allocations, or 302(b)s.

302(b) Subcommittee Allocations

The Senate approved its 302(b) subcommittee allocations by a party line vote of 16 to 14. Senate Democrats offered alternative set of 302(b)s based on the President’s FY16 budget request, which were $74B above the sequester-level spending caps. The alternative was rejected by a vote of 14 to 16.

Military Construction-Veterans Affairs

The Senate Appropriations Committee approved their FY16 Military Construction-Veterans Affairs spending bill by a vote of 21 to 9. The $77.6B measure is $5.5B above the FY15 enacted level and $1.2B below the President’s FY16 budget request. Military construction is funded at more than $8B, an increase of $1.5B over the FY15 enacted level. The bill also contains $163.8B in discretionary and mandatory spending for the VA, a 6.5% increase over FY15 enacted levels. Discretionary funding for VA programs totals $69.2B, including an additional $1.1B to improve patient access to care, and to support additional health care services and $233M for the continued modernization of the VA electronic health record system.

FY16 Military Construction-Veterans Affairs Appropriations Bill Press Release:

http://www.appropriations.senate.gov/news/committee-advances-fy2016-military-construction-and-veterans-affairs-appropriations-bill

FY16 Military Construction-Veterans Affairs Appropriations Bill Text – Part 1 of 3

https://www.vantagepointstrat.com/?p=410

FY16 Military Construction-Veterans Affairs Appropriations Bill Text – Part 2 of 3

https://www.vantagepointstrat.com/?p=411

FY16 Military Construction-Veterans Affairs Appropriations Bill Text – Part 3 of 3

https://www.vantagepointstrat.com/?p=412

FY16 Military Construction-Veterans Affairs Appropriations Report Language – Part 1 of 2

https://www.vantagepointstrat.com/?p=413

FY16 Military Construction-Veterans Affairs Appropriations Report Language – Part 2 of 2

https://www.vantagepointstrat.com/?p=414

Energy and Water

The Senate Appropriations Committee approved their FY16 Energy and Water spending bill this week by a vote of 26 to 4. The $35.4B bill provides $1.2B more than the FY15 enacted level, but $668M less than the President’s FY16 budget request. The committee did not include any funding for continued licensing of the proposed Yucca Mountain spent nuclear fuel repository in Nevada, while the House bill includes $200M for DOE to continue work on the project and the Nuclear Regulatory Commission to continue licensing activities. The Senate bill cuts wind energy research to $46M, almost $61M below FY15 enacted levels and $100M below the President’s FY16 budget request. The committee rejected an amendment by Sen. Dianne Feinstein (D-CA) to restore that funding. The bill provides $12.3B for nuclear security, $5.5B for the Army Corps of Engineers, $1.1B for the Bureau of Reclamation, $5.1B for Science Research, $6B for DOE Environmental Management Activities, $10.5B for Energy Programs, and $610M for Energy Research and Development. The bill eliminates funding for the US contribution to the International Thermonuclear Experimental Reactor. And the bill prohibits any changes to the definition of “fill material” and “discharge of fill material” for the purposes of the Clean Water Act.

FY16 Energy & Water Appropriations Bill Press Release:

http://www.appropriations.senate.gov/news/fy16-energy-water-development-appropriations-bill-advanced-committee

FY16 Energy & Water Appropriations Bill Text – Part 1 of 3

https://www.vantagepointstrat.com/?p=415

FY16 Energy & Water Appropriations Bill Text – Part 2 of 3

https://www.vantagepointstrat.com/?p=416

FY16 Energy & Water Appropriations Bill Text – Part 3 of 3

https://www.vantagepointstrat.com/?p=417

FY16 Energy & Water Appropriations Report Language – Part 1 of 4

https://www.vantagepointstrat.com/?p=418

FY16 Energy & Water Appropriations Report Language – Part 2 of 4

https://www.vantagepointstrat.com/?p=419

FY16 Energy & Water Appropriations Report Language – Part 3 of 4

https://www.vantagepointstrat.com/?p=420

FY16 Energy & Water Appropriations Report Language – Part 4 of 4

https://www.vantagepointstrat.com/?p=421

Status of FY16 Appropriations Bills

Homeland Security Legislation

The House Homeland Security Committee marked up several bills in full committee this week aimed at aiding first responders and emergency management professionals as well as curbing waste, fraud, and abuse and increasing transparency at the Department of Homeland Security. The bills passed out of committee are as follows:

HR 2390, the Homeland Security University-based Centers Review Act

The bill introduced by Rep. Bennie Thompson (D-MS) requires a review of university-based centers for homeland security.

Bill Text:

http://homeland.house.gov/sites/homeland.house.gov/files/documents/051815-HR2390.pdf

HR 2206, State Wide Interoperable Communications Enhancement Act

The bill introduced by Rep. Donald Payne (D-NJ) amends the Homeland Security Act of 2002 to require recipients of State Homeland Security Grant Program funding to preserve and strengthen interoperable emergency communications capabilities.

Bill Text:

https://www.congress.gov/114/bills/hr2206/BILLS-114hr2206ih.pdf

Amendments Agreed To:

http://docs.house.gov/meetings/HM/HM00/20150520/103514/BILLS-114-HR2206-L000583-Amdt-1.pdf

HR 2200, the CBRN Intelligence and Information Sharing Act of 2015

The bill introduced by Rep. Matha McSally (R-AZ) amends the Homeland Security Act of 2002 to establish chemical, biological, radiological, and nuclear intelligence and information sharing functions of the Office of Intelligence and Analysis of the Department of Homeland Security and to require dissemination of information analyzed by the Department to entities with responsibilities relating to homeland security.

Bill Text:

https://www.congress.gov/114/bills/hr2200/BILLS-114hr2200ih.pdf

Amendments Agreed To:

http://docs.house.gov/meetings/HM/HM00/20150520/103514/BILLS-114-HR2200-M001197-Amdt-1.pdf

http://docs.house.gov/meetings/HM/HM00/20150520/103514/BILLS-114-HR2200-H001038-Amdt-1A.pdf

HR 1738, the Integrated Public Alert and Warning System Modernization Act of 2015

The bill introduced by Rep. Gus Bilirakis (R-FL) amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to modernize and implement the national integrated public alert and warning system to disseminate homeland security information and other information.

Bill Text:

https://www.congress.gov/114/bills/hr1738/BILLS-114hr1738ih.pdf

Amendments Agreed To:

http://docs.house.gov/meetings/HM/HM00/20150520/103514/BILLS-114-HR1738-M001197-Amdt-1.pdf

http://docs.house.gov/meetings/HM/HM00/20150520/103514/BILLS-114-HR1738-P000604-Amdt-1A.pdf

HR 1646, the Homeland Security Drone Assessment and Analysis Act

The bill introduced by Rep. Bonnie Watson Coleman (D-NJ) requires the Secretary of Homeland Security to research how small and medium sized unmanned aerial systems could be used in an attack, how to prevent or mitigate the effects of such an attack, and for other purposes.

Bill Text:

https://www.congress.gov/114/bills/hr1646/BILLS-114hr1646ih.pdf

Amendments Agreed To:

http://docs.house.gov/meetings/HM/HM00/20150520/103514/BILLS-114-HR1646-W000822-Amdt-1.pdf

HR 1640, the Department of Homeland Security Headquarters Consolidation Accountability Act of 2015

The bill introduced by Rep. Mark Walker (R-NC) directs the Secretary of Homeland Security to submit to Congress a report on the Department of Homeland Security headquarters consolidation project in the National Capital

Region.

Bill Text:

http://homeland.house.gov/sites/homeland.house.gov/files/documents/032515-HR1640.pdf

Amendments Agreed To:

http://docs.house.gov/meetings/HM/HM00/20150520/103514/BILLS-114-HR1640-W000819-Amdt-1.pdf

http://docs.house.gov/meetings/HM/HM00/20150520/103514/BILLS-114-HR1640-J000032-Amdt-1A-Enbloc-1.pdf

http://docs.house.gov/meetings/HM/HM00/20150520/103514/BILLS-114-HR1640-J000032-Amdt-1A-Enbloc-2.pdf

HR 1637, the Federally Funded Research and Development Sunshine Act of 2015

The bill introduced by Rep. John Ratcliffe (R-TX) requires annual reports on the activities and accomplishments of federally funded research and development centers within the Department of Homeland Security.

Bill Text:

http://homeland.house.gov/sites/homeland.house.gov/files/documents/032515-HR1637.pdf

HR 1633, the DHS Paid Administrative Leave Accountability Act of 2015

The bill introduced by Rep. Barry Loudermilk (R-GA) provides for certain improvements relating to the tracking and reporting of employees of the Department of Homeland Security placed on administrative leave, or any other type of paid non-duty status without charge to leave, for personnel matters.

Bill Text:

http://homeland.house.gov/sites/homeland.house.gov/files/documents/032515-HR1633.pdf

Amendments Agreed To:

http://docs.house.gov/meetings/HM/HM00/20150520/103514/BILLS-114-HR1633-L000583-Amdt-1.pdf

http://docs.house.gov/meetings/HM/HM00/20150520/103514/BILLS-114-HR1633-T000474-Amdt-1A.pdf

http://docs.house.gov/meetings/HM/HM00/20150520/103514/BILLS-114-HR1633-W000822-Amdt-1B.pdf

HR 1626, the DHS IT Duplication Reduction Act of 2015

The bill introduced by Rep. Will Hurd (R-TX) reduces duplication of information technology at the Department of Homeland Security, and for other purposes.

Bill Text:

http://homeland.house.gov/sites/homeland.house.gov/files/documents/032515-HR1626.pdf

Amendments Agreed To:

http://docs.house.gov/meetings/HM/HM00/20150520/103514/BILLS-114-HR1626-H001073-Amdt-1.pdf

http://docs.house.gov/meetings/HM/HM00/20150520/103514/BILLS-114-HR1626-J000032-Amdt-1A.pdf

HR 1615, the DHS FOIA Efficiency Act of 2015

The bill introduced by Rep. Buddy Carter (R-GA) directs the Chief FOIA Officer of the Department of Homeland Security to make certain improvements in the implementation of the Freedom of Information Act.

Bill Text:

http://homeland.house.gov/sites/homeland.house.gov/files/documents/032515-HR1615.pdf

Amendments Agreed To:

http://docs.house.gov/meetings/HM/HM00/20150520/103514/BILLS-114-HR1615-C001103-Amdt-1.pdf

http://docs.house.gov/meetings/HM/HM00/20150520/103514/BILLS-114-HR1615-J000032-Amdt-1A-Enbloc-1.pdf

http://docs.house.gov/meetings/HM/HM00/20150520/103514/BILLS-114-HR1615-J000032-Amdt-1A-Enbloc-2.pdf

HR 1300, the First Responder Anthrax Preparedness Act

The bill introduced by Rep. Peter King (R-NY) directs the Secretary of Homeland Security to make anthrax vaccines and antimicrobials available to emergency response providers.

Bill Text:

https://www.congress.gov/114/bills/hr1300/BILLS-114hr1300ih.pdf

Amendments Agreed To:

http://docs.house.gov/meetings/HM/HM00/20150520/103514/BILLS-114-HR1300-K000210-Amdt-1.pdf

http://docs.house.gov/meetings/HM/HM00/20150520/103514/BILLS-114-HR1300-J000032-Amdt-1A.pdf

FY16 National Defense Authorization Act (NDAA)

Senate

The Senate Armed Services Committee (SASC) marked up their FY16 National Defense Authorization Act (NDAA) in subcommittee and full committee last week, but released the bill text and report language this week. The Senate could take up the bill on the Senate floor as early as June.

The Senate FY16 NDAA bill text can be found at:

https://www.congress.gov/114/bills/s1376/BILLS-114s1376pcs.pdf

The Senate FY16 NDAA report language can be found at:

https://www.congress.gov/114/crpt/srpt49/CRPT-114srpt49.pdf

Political Updates

President Obama nominated Denise Turner Roth to be Administrator of the General Services Administration (GSA). Roth is currently the Deputy Administrator of the GSA and has been Acting Administrator since February. The President also nominated Stephen Hedger to be Assistant Secretary of Defense for Legislative Affairs at the Department of Defense, W. Thomas Reeder to be Director of the Pension Benefit Guaranty Corporation, Jessica Rosenworcel to be a Commissioner at the Federal Communications Commission, Luis Viada to be a Member of the Board of Directors of the Inter-American Foundation, and Gerald McGowan to be a Member of the Board of Visitors to the United States Military Academy.

Secretary of Defense Ash Carter announced the nomination of Navy Capt. Darse Crandall for the appointment to the rank of rear admiral (lower half) and appointment as legal counsel to the Chairman of the Joint Chiefs of Staff. Crandall is currently serving as assistant judge advocate general, operations and management, Office of the Judge Advocate General in the Department of the Navy.

House Homeland Security Committee Chairman Michael McCaul welcomed Rep. Dan Donovan (R-NY) as a new member on the committee. Donovan recently won the election to replace Rep. Michael Grimm (R-NY) who resigned after pleading guilty to tax fraud charges. Rep. Donovan was also given a seat on the House Foreign Affairs Committee.

Lona Nallengara, Chief of Staff to the Chairwoman of the SEC, announced this week that he would be stepping down in June.

Christopher Davis has been tapped as the new Deputy Chief of Staff to Energy Secretary Ernest Moniz replacing Jonathan Levy who left last month. Davis most recently was the Principal Deputy Assistant Secretary for Congressional and Intergovernmental Affairs at the Department of Energy. He has also worked in the White House Office of Legislative Affairs and as a professional staff member of the House Energy and Commerce Committee and the House Oversight and Government Reform Committee.

Next Week

The House and Senate will be in recess and will return the week of June 1.

May 15, 2015

The House passed HR 1732, a bill that would prohibit the EPA and Army Corps of Engineers from implementing the current final rule defining waters of the United States; HR 1735, the FY16 National Defense Authorization Act; HR 36, a bill that would ban abortions after 26 weeks; HR 2048, a bill that would prohibit the National Security Agency’s bulk collection of data; and HR 2297, the Hezbollah International Financing Prevention Act of 2015. The House also passed HR 1191, the Senate-passed Iran Nuclear Review Act. The bill now goes to the President for his signature. The Senate initially failed to invoke cloture on S995, the fast-track trade bill with a vote of 52 to 45 (60 yeas are needed for cloture). But after a deal was worked out in which HR 1295, the Trade Preferences Extension Act, and HR 644, the Trade Facilitation and Trade Enforcement Act, were voted on and passed by the Senate, S995 then cleared the 60-vote threshold for cloture. The final vote on S995 in the Senate will occur next week, and the House is expected to take it up after the Memorial Day recess. The Senate also confirmed Sally Yates to be Deputy Attorney General by a vote of 84 to 12.

FY16 National Defense Authorization Act (NDAA)

Senate

The Senate Armed Services Committee (SASC) marked up their FY16 National Defense Authorization Act (NDAA) in subcommittee and full committee this week. Three subcommittees held open markups, while the other three subcommittees and the full committee held their markups in closed sessions. The full committee voted 22 to 4 to report the bill. The bill authorizes $612B in funding for the Department of Defense as well as for national security programs at the Department of Energy. SASC Ranking Member Jack Reed (D-RI) was one of the four Democrats who voted against the bill because of the additional $38B added to the Overseas Contingency Operations (OCO) account.

The bill includes language requiring the administration to devise a plan for transferring prisoners from Guantanamo to a maximum security facility in the United States, but prisoners will remain in Guantanamo until Congress approves the plan. It also establishes a 401(k)-style retirement plan with vesting after 3 years and a matching contribution of up to 5%, while also making cuts to the military’s existing pension system. The committee included cuts to DOD headquarters spending with a 7.5% reduction each year for the next four years and provisions barring another round of base closures.

The bill also includes acquisition reform language that is centered on five principle objectives to support the establishment and use of alternative acquisition pathways. The five objectives are: establishing effective accountability results, developing alternative acquisition pathways, improving access to non-traditional and commercial contractors, deregulating and streamlining to reduce costs and gain efficiencies, and reinvigorating the acquisition workforce.

While the SASC won’t release its bill and report until next week, a detailed summary from the committee can be found at:

http://www.armed-services.senate.gov/press-releases/senate-armed-services-committee-completes-markup-of-national-defense-authorization-act-for-fiscal-year-2016

House

The House considered their FY16 NDAA on the floor this week and passed it this morning by a vote of 269 to 151. Eight Republicans voted against the measure and 41 Democrats voted for passage. House Armed Services Committee Ranking Member Adam Smith (D-WA) voted against the measure because of the use of OCO funds to circumvent the Budget Control Act sequestration cuts.

The House Rules Committee allowed for consideration of 135 of the 349 amendments that were filed. Some of the biggest issues addressed through the amendment process were immigration, OCO funding, A-10 retirement, Guantanamo, and the Authorization for Use of Military Force in Iraq and Syria.

The White House released a Statement of Administration Policy on the House FY16 NDAA threatening a veto on the bill as it stands:

https://www.whitehouse.gov/sites/default/files/omb/legislative/sap/114/saphr1735r_20150512.pdf

FY16 Appropriations

House

The House Appropriations Committee marked up their FY16 Transportation HUD spending bill in full committee this week and their FY16 Commerce Justice Science (CJS) spending bill in subcommittee. The committee also revised its 302(b) subcommittee allocations for FY16. Chairman Hal Rogers (R-KY) said the revisions were minor and technical in nature, and necessary to bring the panel’s allocations in line with the budget conference report. The revisions added $2M to the Labor HHS Education subcommittee as well as $287M in OCO funding for the State Foreign Operations subcommittee.

Next Wednesday, the House Appropriations Committee will mark up the CJS bill in full committee and the FY16 Defense spending bill in subcommittee. And the FY16 Legislative Branch spending bill will be on the House floor next week.

Transportation, Housing and Urban Development (HUD)

The House Appropriations Committee approved their FY16 Transportation HUD spending bill and reported it out of full committee by a vote of 30 to 21. The $55.3B spending bill provides funding for the Department of Transportation, the Department of Housing and Urban Development, and other related agencies, an increase of $1.5B over FY15 and $9.7B below the President’s budget request. Five amendments were approved during the full committee markup:

1. Diaz-Balart– The manager’s amendment makes technical and non-controversial changes to the bill and report. The amendment was adopted on a voice vote.
2. Culberson – The amendment prohibits funds for two light rail projects in Harris County, TX, unless the voters within the jurisdiction approve the projects. The amendment was adopted on a voice vote.
3. Lowey – The amendment increases the set aside for Highway Rail Grade Crossings within the Federal Highway Administration Highway Formula by $130 million. The amendment was adopted on a voice vote.
4. Kaptur – The amendment increases funds for the St. Lawrence Seaway account by $3 million, offset by a cut to the Maritime Operations and Training account. The amendment was adopted on a voice vote.
5. Rigell – The amendment increases funds for the Washington Metro Transit Authority (WMATA) by $25 million, offset by a $22 million cut from the Federal Aviation Administration and a $3 million cut to the Federal Transit Administration (FTA) administrative account. The amendment was adopted on a voice vote.

House FY16 Transportation HUD Appropriations Bill Text:

http://appropriations.house.gov/uploadedfiles/bills-114hr-fc-ap-fy2016-ap00-thud.pdf

House FY16 Transportation HUD Appropriations Report Language:

http://appropriations.house.gov/uploadedfiles/hrpt-114-hr-fy2016-thud.pdf

Commerce Justice Science

The Commerce, Justice, Science Appropriations subcommittee marked up its FY16 spending bill this week. The bill funds the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration (NASA), the National Science Foundation (NSF), and other related agencies.

The legislation contains $51.4B in total discretionary funding, an increase of $1.3B over FY15 and $661M below the President’s request for these programs.

The FBI was the big winner this year getting a $111M increase over last year. The Justice Department would receive $27.5B, an $852M increase from current funding. The Commerce Department would receive $8.2B, a $251M reduction. No amendments were offered during the subcommittee markup.

House FY16 CJS Appropriations Bill Text:

http://appropriations.house.gov/uploadedfiles/bills-114hr-sc-ap-fy2016-cjs-subcommitteedraft.pdf

Senate

The Senate Appropriations Committee could begin marking up their bills as early as next week. Senate Appropriations Chairman Thad Cochran (R-MS) has reportedly given top-line spending allocations to the subcommittee chairmen. The Military Construction-Veterans Affairs and Energy and Water subcommittees are likely to be the first bills considered.

Political Updates

Former Rep. Baron Hill (D-IN) announced this week that he would run for the open Senate seat in Indiana in 2016. Sen. Dan Coats (R-IN), who announced his retirement earlier this year, is vacating the seat. Hill is the first Democrat to enter the race. Former Sen. Russ Feingold (D-WI) also announced his candidacy this week. Feingold will challenge Sen. Ron Johnson (R-WI) who beat him in 2010.

Secretary of Defense Ash Carter announced the nominations of General Mark Milley as the next Chief of Staff of the Army (succeeding General Ray Odierno) and Admiral John Richardson as the next Chief of Naval Operations (succeeding Admiral Jon Greenert). The Department of Defense also announced the appointment of James Baker as the Director of the Office of Net Assessment. Baker replaces Andrew Marshall who retired in January after running the office from more than four decades. Baker is currently the principal deputy director, Strategic Plans and Policy, J5 and the strategist to the Chairman of the Joint Chiefs of Staff General Marty Dempsey. Baker will report directly to Secretary of Defense Carter.

Federal Energy Regulatory Commission (FERC) Commissioner Philip Moeller said that he would leave the agency this year after a successor has been confirmed. Moeller’s term expires June 30, but he can remain in office until his successor has been confirmed or until Congress adjourns at the end of the year. Moeller is a Republican who first joined the agency in 2006 (nominated by then-President Bush) and was appointed to a second term in 2010 (by President Obama). Pat McCormick, Chief Counsel for the Senate Energy and Natural Resources Committee may be the Republican choice for replacing Moeller.

Ed Felten, a Professor of Computer Science and Public Affairs at the Princeton University, is joining the White House Office of Science and Technology Policy as the Deputy Chief Technology Officer. Felten has previously taken a leave of absence from Princeton to serve as the Chief Technologist at the Federal Trade Commission.

Chuck Rosenberg was named Acting Director for the Drug Enforcement Administration (DEA). Rosenberg is a former U.S. Attorney and currently serves as Chief of Staff to the Director of the FBI. He replaces Michele Leonhart, who announced her retirement earlier this year.

The President nominated Dr. Karl Brooks to be Assistant Administrator for Administration and Resources Management at the Environmental Protection Agency, Thomas Melia to be Assistant Administrator for Europe and Eurasia at the United States Agency for International Development (USAID), Ann Calvaresi Barr to be Inspector General at USAID, Julius Lloyd Horwich to be Assistant Secretary for Legislative and Congressional Affairs at the Department of Education, and Greg Nadeau to be Administrator of the Federal Highway Administration at the U.S. Department of Transportation.

Next Week

The House will take up HR 2353, a short-term reauthorization of the Highway and Transportation Funding Act; HR 880, the American Research and Competitiveness Act of 2015; HR 1806, the America COMPETES Reauthorization Act of 2015; HR 2262, the SPACE Act of 2015; HR 1335, the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act; and HR 2250, the FY16 Legislative Branch Appropriations bill. The Senate will resume consideration of S995, the Trade Promotion Authority bill, and could start on S1350, a short-term highway extension, S1357, a two-month Patriot Act extension, and HR 2048, the USA Freedom Act, which passed the House this week.

May 8, 2015

The Senate was unable to garner enough votes to override the presidential veto of S J Res 8, a measure that aims to block union election rules. The Senate voted 96 to 3 to table the measure, having the effect of ending consideration of the override without taking a vote on the measure itself. The Senate did adopt the FY16 Budget Resolution conference agreement by a vote of 51 to 48. All Democrats and 2 Republicans (Sens. Cruz and Paul) voted against the measure. The budget resolution is not a bill and does not go the President for his signature. The Senate also passed the Iran Nuclear Agreement Act by a vote of 98 to 1, with Sen. Tom Cotton (R-AR) as the lone dissenter. And, the Senate confirmed Willie May to be Under Secretary of Commerce for Standards and Technology and 15^th Director of NIST. The House was in recess this week.

FY16 National Defense Authorization Act (NDAA)

The Senate Armed Committee will begin subcommittee markups of their FY16 National Defense Authorization Act (NDAA) early next week. The subcommittee on Airland will meet on Monday and the remaining five subcommittees will meet on Tuesday. Three of the six subcommittees will hold open markups. The full committee will mark up the bill later in the week on Wednesday 5/13 and Thursday 5/14.

The House Armed Services Committee released its FY16 NDAA committee report this week. A copy of the report can be found at:

http://docs.house.gov/billsthisweek/20150511/HRPT-114-OJCR-HR1735.pdf

The House will consider the FY16 NDAA next week. Amendments were due to the House Rules Committee this week. A list of the submitted amendments can be found at:

http://rules.house.gov/bill/114/hr-1735

U.S. Fleet Cyber Command Releases Five-Year Strategic Plan

The U.S. Fleet Cyber Command (US FCC) operates and defends the Navy’s networks and shore-to-ship communications systems. This week they released an updated five-year strategic plan that lays out five strategic goals that they plan on achieving in the next five years. Those goals are:

1. Operate the Network as a Warfighting Platform

Defend Navy networks, communication, and space systems, ensure availability and, when necessary, fight through them to achieve operational objectives.

2. Conduct Tailored Signals Intelligence

Meet the evolving SIGINT needs of Navy commanders through more tailored operations, while continuing to deliver on NSA needs.

3. Deliver Warfighting Effects Through Cyberspace

Advance our effects-delivery capabilities to support a full spectrum of operations, including cyber, electromagnetic maneuver, and information operations.

4. Create Shared Cyber Situational Awareness

Create a sharable cyber Common Operating Picture that evolves to full, immediate awareness of our network and everything that happens on it.

5. Establish and Mature Navy’s Cyber Mission Forces

Stand up 40 highly expert Cyber Mission Teams and plan for the sustainability of these teams over time.

For each of those five-year goals, the US FCC also cites specific, verifiable outcomes that must be achieved in the next 18 months to ensure that they are on course. And, they will develop an execution plan to translate their goals and strategies into measurable lower-tier goals. Accountability for accomplishing each lower-tier goals will reside with a role on the leadership team and there will be bi-monthly reviews between Commander and goal owners.

A copy of the strategy can be found at:

http://www.public.navy.mil/fcc-c10f/Documents/FCC-C10F_Strategic_Plan_2015-2020.pdf

FY17 Budget Guidance from OMB

Shaun Donovan, the Director of the Office of Management and Budget sent a memo to all federal department and agency heads last week directing them to submit FY17 budgets to OMB that reflect a 5% reduction below the net discretionary total provided for their agency for FY2017 in the FY2016 Budget (unless otherwise directed by OMB). The reduction applies equally to defense and non-defense programs. Agencies that are split between the two may not reduce defense by more than 5% to offset non-defense or vice-versa. OMB also requests that their budget submissions include recommendations for increasing effectiveness and reducing fragmentation, overlap, and duplication.

In addition, agencies were asked to identify additional investments in programs that support their missions, especially programs with strong evidence of effectiveness. These additional investments should be separately identified in their budget submission and ranked in priority order.

Their FY17 submissions must also exclude: 1) shifts of costs to other parts of the Federal budget; 2) reclassifications of existing discretionary spending to mandatory; 3) reductions to mandatory spending to be enacted in appropriations bills; 4) across-the-board reductions; and 5) the enactment of new user fees to offset existing spending. These may, however, be included as separate proposals for consideration.

A copy of OMB Director Donovan’s memo can be found at:

https://www.whitehouse.gov/sites/default/files/omb/memoranda/2015/m-15-11.pdf

New Members Appointed to Homeland Security Advisory Committee

Secretary of Homeland Security Jeh Johnson announced the appointment of four new members to the Homeland Security Advisory Council (HSAC). The HSAC is comprised of experts from state, local and tribal governments, emergency and first responder communities, academia and the private sector who provide recommendations and advice to the Secretary of Homeland Security on a variety of homeland security issues.

The new members announced this week include: Former U.S. Representative from Arizona Ron Barber; Kayyem Solutions, LLC Founder Juliette Kayyem; Tohono O’odham Nation Chairman Ned Norris Jr.; and Council on Foreign Relations Adjunct Senior Fellow Farah Pandith.

The full list of the Homeland Security Advisory Council members can be found at:

http://www.dhs.gov/homeland-security-advisory-council-members

Political Updates

President Obama announced his intention to nominate the commandant of the U.S. Marine Corps, Gen. Joseph F. Dunford Jr., as the 19^th Chairman of the Joint Chiefs of Staff. The President also nominated Air Force Gen. Paul Selva to become the vice chairman of the Joint Chiefs. Selva is now the head of the U.S. Transportation Command. Senate Armed Services Committee Chairman John McCain (R-AZ) promised this week to consider Dunford’s nomination quickly. McCain also noted that the current Joint Chiefs Chairman Gen. Martin Dempsey’s term isn’t up until September, so confirmation could be held in July or September.

President Obama nominated Dr. Karen DeSalvo to be Assistant Secretary for Health at the Department of Health and Human Services (HHS), the position she has held in an “acting” capacity since last October. DeSalvo is also the National Coordinator for Health Information Technology at HHS. Before joining HHS, she served as Health Commissioner for the City of New Orleans, Louisiana, and also as Senior Health Policy Advisor for New Orleans Mayor Mitch Landrieu. DeSalvo was a practicing internal medicine physician and professor of medicine at Tulane University School of Medicine where she also held various leadership positions.

The President also withdrew the nomination of Juan Garcia to be Assistant Secretary of Defense for Manpower and Reserve Affairs. Garcia’s nomination was first sent to the Senate on March 19, 2015. Garcia has been the Assistant Secretary of the Navy for Manpower and Reserves since 2009. He is resigning to take a position as a director at Amazon.

The 2016 Presidential race saw several new candidates throw their hats in the ring this week. Mike Huckabee, former Governor of Arkansas; Carly Fiorina, former CEO of Hewlett-Packard; and Ben Carson, former Johns Hopkins neurosurgeon all announced their candidacies this week.

New York’s 11^th Congressional District held a special election this week to fill the vacancy from former Rep. Michael Grimm’s (R-NY) resignation. Staten Island District Attorney Dan Donovan (R-NY) easily won the special election. Donovan defeated Democrat Vincent Gentile, a City Council member from Brooklyn.

Coming Up

Senate Majority Leader Mitch McConnell (R-KY) said this week that the Senate would take up the following measures before Memorial Day: S. 995, the Bipartisan Congressional Trade Priorities and Accountability Act of 2015; an extension of the highway bill, and the Foreign Intelligence Surveillance Act (FISA).

May 1, 2015

The House passed the FY16 Budget Resolution conference report as well as the FY16 Military Construction-Veterans Affairs and Energy and Water appropriations bills. The House also passed a resolution disapproving the action of the District of Columbia Council in approving the Reproductive Health Non-Discrimination Amendment Act of 2014.The Senate confirmed Dava Newman to be Deputy Administrator of the National Aeronautics and Space Administration (NASA) and began consideration of the Iran Nuclear Agreement Review Act.

FY16 Appropriations

The FY16 Military Construction-Veterans Affairs (MilCon-VA) and Energy and Water (E&W) appropriations bills were on the House floor this week. MilCon-VA passed by a vote of 255 to 163 and E&W passed by a vote of 240 to 177.

FY16 Energy & Water (E&W) Appropriations Bill

Final passage of the $35.4B FY16 E&W came after the House voted to adopt two climate-related amendments. One would bar funding for the Department of Energy to consider a report that analyzed the life cycle of greenhouse gas emissions when making determinations on liquefied natural gas exports and the other would bar funding for a DOE program that evaluates predictive models of the Earth’s climate. The House also adopted an amendment that would bar funding from being used to implement or enforce energy efficiency standards for incandescent light bulbs. Democrats who opposed the bill criticized the funding levels that lock in sequestration as well as policy riders including ones that would bar the Obama administration from implementing its National Oceans Policy and its clean water rule. The White House issued a Statement of Administration Policy (SAP) threatening a veto of the measure.

White House FY16 E&W appropriations bill SAP:

https://www.whitehouse.gov/sites/default/files/omb/legislative/sap/114/saphr2028r_20150428.pdf

FY16 Military Construction-Veterans Affairs (MilCon-VA) Appropriations Bill

The $76.1B MilCon-VA spending bill hit a roadblock when a series of amendments offered by Rep. Mulvaney (R-SC) and Rep. Van Hollen (D-MD) gained significant support and looked like they might pass. The amendments would have stricken $532M in military construction related funding from the Overseas Contingency Operations (OCO) account citing the use of the OCO fund as a budget gimmick. The bill was pulled from the floor until Republicans were sure they had enough votes to defeat the amendments. Mulvaney and Van Hollen have vowed to bring up similar amendments to every spending bill that includes OCO funding, which may cause problems for the FY16 Defense appropriations bill when it comes to the House floor later this year. The House did adopt a number of amendments to the bill including one by Rep. Stefanik (R-NY) that would shift $30M from overall Defense Department construction funding to defense-wide planning and design funding with the goal of creating an East Coast missile defense site. The House also adopted an amendment prohibiting funding from being used to implement a new round of BRAC.

White House FY16 MilCon-VA appropriations bill SAP:

https://www.whitehouse.gov/sites/default/files/omb/legislative/sap/114/saphr2029r_20150428.pdf

FY16 Legislative Branch Appropriations Bill

The House Appropriations full committee approved its $3.3B FY16 Legislative Branch spending bill by voice vote this week. The bill could be on the House floor the week of May 18 after the House returns from recess.

FY16 Legislative Branch spending bill full committee:

http://appropriations.house.gov/uploadedfiles/bills-114hr-fc-ap-fy2016-ap00-legbranch.pdf

FY16 Legislative Branch draft committee report:

http://appropriations.house.gov/uploadedfiles/hrpt-114-hr-fy2016-legbranch.pdf

FY16 Transportation-HUD Appropriations Bill

The House Appropriations subcommittee on Transportation, Housing and Urban Development (HUD) approved its $55.3B FY16 spending bill this week, which is an increase of $1.5B over FY15, but $9.7B below the President’s budget request. The bill includes several policy riders including provisions that would continue to stall enforcement of trucker rest rules and allow longer double-trailers on highways. The chairman of the subcommittee, Rep. Diaz-Balart (R-FL) also included provisions that would block regularly scheduled flights to Cuba and prevent cruise ships from docking in Cuban ports. The bill now goes to the full committee for consideration.

FY16 Transportation-HUD subcommittee bill:

http://appropriations.house.gov/uploadedfiles/bills-114hr-sc-ap-fy2016-transhud-subcommitteedraft.pdf

FY16 National Defense Authorization Act (NDAA)

The House Armed Services Committee (HASC) met this week in full committee to mark up its FY16 National Defense Authorization Act (NDAA). The committee worked its way through more than 300 proposed amendments and approved the $515B bill at 4:30 a.m. on Thursday by a vote of 60 to 2. Reps. Garamendi (D-CA) and Brooks (R-AL) voted against the measure. The bill authorizes $495.9B for the Pentagon’s base budget and $19B for national security programs within the Department of Energy. It also authorizes $89.2B in OCO funding. The bill will be considered on the House floor the week of May 11.

The committee adopted several amendments during consideration of the bill. Most notably was an amendment offered by Rep. McSally (R-AZ) that would prohibit the retirement of the A-10 Warthog. The bill authorizes $682.7M to keep the A-10s flying in FY16. Also adopted was an amendment by Rep. Conaway (R-TX) that would require congressional authorization before the Department of Defense enters into any contract to plan for, design, refurbish, or construct a biofuels refinery. The committee also passed two significant cybersecurity amendments. The first requires the Secretary of Defense to brief Congress on progress toward providing an annual budget justification for Cyber Mission Forces and related programs by the time the FY17 budget request is submitted. The second requires the Secretary of Defense to brief Congress on cyber risks introduced by smart building technologies including access control systems.

The panel rejected an amendment by ranking member Adam Smith (D-WA) that would have stripped provisions in the bill that limit the transfer of Guantánamo detainees to the U.S. and require certifications for international transfers and releases. Smith also offered but withdrew an amendment that would have authorized another BRAC round in 2017. He will instead push for a floor vote on the amendment. The panel also rejected an amendment from Rep. Gibson (R-NY) that would strike the provision in the bill that overhauls the DOD retirement system and would have replaced it with a requirement for the Pentagon to assess the modification further and report to Congress. And Rep. Speier (D-CA) failed in her amendment that would have redirected funding for six F-35s.

Text of the legislation and amendments as well as the recorded votes can be found at:

http://docs.house.gov/Committee/Calendar/ByEvent.aspx?EventID=103288

FY16 Budget

The House adopted an FY16 Budget Resolution conference agreement by a vote of 226 to 197. All Democrats and 14 Republicans voted against the measure. The Senate will consider the measure next week. The budget resolution is not a bill and does not go the President for his signature.

The conference agreement reflects the FY16 statutory caps for discretionary spending of $523B for defense and $493.5B for non-defense, but it also calls for $96B for OCO funding. The agreement does not include the Senate point of order requiring a 60-vote threshold for OCO funding exceeding $58B in FY16 and $59.5B in FY17.

The compromise does include budget reconciliation instructions that could result in the partial repeal or changes to the 2010 Affordable Care Act (Obamacare). The Ways and Means, Energy and Commerce, and Education and Workforce committees in the House and the Finance and Health, Education, Labor, and Pensions committees in the Senate have until July 24 to write legislation to repeal or change the health care law. This provides legislators enough time to move a legislative response to a Supreme Court ruling on federal health care subsidies that is expected in June. Reconciliation legislation only needs a simply majority of 51 votes in the Senate. While it could pass both the House and the Senate, the President would likely veto the measure with Congress unable to override the veto.

DHS Acquisition Reform Legislation Introduced in House

Today a bipartisan group of House Homeland Security Committee members introduced HR 2199, the DHS Acquisition Accountability and Efficiency Act. The bill is similar to HR 4228, a bill that passed the House last June. This new bill requires that every major acquisition program have an approved Acquisition Program Baseline (APB); authorizes the Department’s Chief Acquisition Officer, the Undersecretary for Management, to approve, halt, modify, or cancel major acquisition programs as needed; compels DHS to submit to Congress major acquisition programs that fail to meet cost, schedule, or performance metrics through quarterly status and accountability reports; and requires that a Multiyear Acquisition Strategy be included in each Future Years Homeland Security Program. The committee is interested in additional ideas to improve the bill through amendment by regular order.

A copy of the bill can be found at:

http://homeland.house.gov/sites/homeland.house.gov/files/documents/050115-HR2199.pdf

Federal Information Technology Acquisition Reform Act Draft Guidance for Federal Agencies

The Office of Management and Budget (OMB) released its draft guidance for federal agencies to ensure that the Federal Information Technology Acquisition Reform Act (FITARA) is applied consistently government-wide.

FITARA was passed by Congress and enacted into law on December 19, 2014. The Act outlines specific requirements related to:

1. Chief Information Officer (CIO) Authority Enhancements
2. Enhanced Transparency and Improved Risk Management in IT Investments
3. Portfolio Review
4. Expansion of Training and Use of IT Cadres
5. Federal Data Center Consolidation Initiative
6. Maximizing the Benefit of the Federal Strategic Sourcing Initiative
7. Government-wide Software Purchasing Program

To implement the requirements of FITARA, combined with the need to update policy and guidance related to other modern IT practices, OMB is establishing this guidance. This guidance reflects input from a diverse group of stakeholders, including representatives from the Chief Financial Officer (CFO), Chief Human Capital Officer (CHCO), Chief Acquisition Officer (CAO), Assistant Secretary for Management (ASAM), Chief Operating Officer (COO) and CIO communities.

OMB is seeking feedback and suggestions on the draft guidance. Comments are due May 30, 2015, but OMB is encouraging responders to submit more substantive comments by May 15. Feedback can be provided in three ways:

1. Email comments to fitara@cio.gov (to comment privately).
2. Submit comments/suggestions via GitHub issues. https://github.com/WhiteHouse/fitara Each issues is a conversation initiated by a member of the public. You can join in on discussions or start a new issue.
3. Use GitHub’s in-browser editor to edit files and submit a pull request. https://github.com/WhiteHouse/fitara

A copy of the guidance can be found at:

https://cio.gov/wp-content/uploads/2015/04/OMB-Proposed-Guidance-Management-and-Oversight-of-Information-Technology-Resources.pdf

House May Agenda

House Majority Leader McCarthy (R-CA) sent a memo to House Republicans on Friday outlining the House agenda for the month of May. The May agenda includes legislation requiring the EPA and Corps of Engineers to withdraw proposed regulations for the Clear Water Act as well as three national security related measures – the FY16 National Defense Authorization Act, the Iran Nuclear Agreement Review Act, and the USA Freedom Act. The agenda also calls for a week of science and technology related measures including: H.R. 880, the American Research and Competitiveness Act of 2015; H.R. 1806, the America COMPETES Reauthorization Act; H.R. 1561, the Weather Research and Forecasting Innovation Act; H.R. 1119, the Research and Development Efficiency Act; H.R. 1156, the International Science and Technology Cooperation Act; H.R. 1162, the Science Prize Competitions Act; H.R. 1158, the DOE Lab Modernization & Technology Transfer Act; and H.R. 874, the American Super Computing Leadership Act. The House will also consider the FY16 Legislative Branch spending bill, and members will need to act on the impending expiration of the authorities under the Highway Trust Fund.

A copy of Majority Leader McCarthy’s memo can be found at:

http://www.majorityleader.gov/2015/05/01/memorandum-may-agenda/

Political Updates

Loretta Lynch was officially sworn in on Monday as the 83rd Attorney General of the United States, but the first African-American woman to hold the position.

Senator Bernard Sanders (I-VT) announced his intent to run for President this week giving Hillary Clinton her first official challenger in the Democratic primary. Mike Huckabee, former Governor of Arkansas is expected to announce his candidacy on Tuesday May 5 in Hope, Arkansas. This will be his second bid for President.

President Obama nominated Vice Admiral Peter Neffenger as Assistant Secretary for the Transportation Security Administration at the Department of Homeland Security and Gayle Smith as Administrator of the U.S. Agency for International Development. Neffenger has served as the Vice Commandant of the US Coast Guard since May of last year. And Smith is a Special Assistant to the President and Senior Director for Development and Democracy on the National Security Council. Prior to joining the administration, Smith was a Senior Fellow at the Center for American Progress and lived and worked in Africa for almost 20 years.

Stephen Preston, General Counsel at the Department of Defense, will leave federal service at the end of June after serving for six years in the Obama administration. Preston previously served as General Counsel of the Central Intelligence Agency (CIA) and played a leading role in the administration’s counterterrorism and drone campaigns including in the preparation for the 2011 U.S. raid that killed Osama bin Laden in Pakistan. Preston will return to work in the private sector and has accepted an adjunct faculty appointment at Yale Law School.

Al Tarasiuk, the Chief Information Officer (CIO) in the Office of the Director for National Intelligence (ODNI), retired this week after more than 28 years in the federal government. Prior to joining ODNI, Taraksiuk spent five years as the CIO of CIA.

Michael Vickers, the Undersecretary of Defense for Intelligence at the Department of Defense stepped down on Thursday. Vickers has held this position since March of 2011, but announced his decision to leave earlier this year. Vickers has not announced his next step.

Next Week

The House is in recess next week. When it returns the following week it could take up the FY16 Legislative Branch appropriations bill as well as the FY16 NDAA. The Senate will resume consideration of the Iran Nuclear Agreement Review Act and take up the FY16 Budget Resolution conference report. The Senate will also make its second attempt this year to override a presidential veto when they take up a measure (S J Res 8) that aims to block union election rules.

April 24, 2015

The House passed HR 1195, the Bureau of Consumer Financial Protection Advisory Boards Act; HR 1560, the Protecting Cyber Networks Act; and HR 1731, the National Cybersecurity Protection Advancement Act. The Senate passed S 178, the Justice for Victims of Human Trafficking Act, and confirmed the nomination of Loretta Lynch to be US Attorney General by a vote of 56 to 43. Vice President Biden will swear in Lynch at the White House on Monday.

FY16 Appropriations

The House Appropriations full committee met this week to markup the FY16 Energy and Water and Military Construction-Veterans Affairs (MilCon-VA) bills as well as approve their FY16 302(b) allocations for all of the 12 spending bills. The Legislative Branch appropriations subcommittee also met this week to mark up their FY16 spending bill in subcommittee. And the House will meet next Wednesday, April 29 at 9:30 am to mark up its FY16 Transportation HUD appropriations bill in subcommittee.

Energy and Water

The $35.4B FY16 Energy and Water spending bill is a $1.2B increase over the FY15 enacted level. The bill provides $12.3B for DOE’s nuclear weapons security programs, $5.6B for the Army Corps of Engineers, $5.9B for environmental management activities, $10.3B for energy programs within DOE, $5.1B for science research, $150M for the Nuclear Waste Disposal program, $50M for the Nuclear Regulatory Commission to continue the adjudication of DOE’s Yucca Mountain License applications, and $1.1B for the Bureau of Reclamation. The report accompanying the bill includes language that blocks funding from being used to develop, adopt, implement, administer, or enforce the administration’s proposed Clean Water Rule. A similar rider was included in the House’s FY15 spending bill, but Democrats were able to strip it out during the omnibus negotiations. The report also includes language opposing the administration’s plan to replace Yucca Mountain and language allowing the possession of firearms on Corps of Engineers’ land.

House FY16 Energy and Water Appropriations Bill Text:

http://appropriations.house.gov/uploadedfiles/bills-114hr-fc-ap-fy2016-ap00-energywater.pdf

House FY16 Energy and Water Appropriations Report Language:

http://appropriations.house.gov/uploadedfiles/hrpt-114-hr-fy2016-energywater.pdf

Military Construction-Veterans Affairs

The $76.6B FY16 MilCon-VA spending bill is a $4.6B increase over the FY15 enacted level. The bill provides a total of $68.7B for Veterans programs, $7.7B for military construction projects, and $71M for the Arlington National Cemetery. The report language accompanying the bill contains language that may open the door for another round of base closures.

House FY16 MilCon-VA Appropriations Bill Text:

http://appropriations.house.gov/uploadedfiles/bills-114hr-fc-ap-fy2016-ap00-milcon.pdf

House FY16 MilCon-VA Appropriations Report Language:

http://appropriations.house.gov/uploadedfiles/hrpt-114-hr-fy2016-milcon.pdf

Legislative Branch

The FY16 Legislative Branch bill marked up in subcommittee this week includes $3.3B in spending, excluding Senate-only items. While the bill maintains current funding levels, an increase is included for the Capitol Hill Police to provide for overtime pay and other personnel issues for events such as the Pope’s visit in September. The Library of Congress would also get an increase, as members were concerned about a recent GAO report stating that the library has significant weaknesses across several areas of its technological infrastructure. The bill also continues a pay freeze for members of Congress in FY16. House members’ pay has been frozen since 2010.

House FY16 Legislative Branch Appropriations Bill Text:

http://appropriations.house.gov/uploadedfiles/leg_xml-subcommittee.pdf

302(b) Allocations

And the committee also approved its FY16 302(b) subcommittee allocations:

(in millions)

Cybersecurity

House Passes Cybersecurity Bills

Two cybersecurity information sharing bills were considered and passed on the House floor this week – HR 1560, the Protecting Cyber Networks Act and HR 1731, the National Cybersecurity Protection Advancement Act. The White House expressed its support (with some caveats) of the two bills earlier this week. After passage, the two bills were combined into one bill and sent to the Senate, but the Senate isn’t expected to consider them. Instead, Senate leadership has said that they intend to consider the Senate Intelligence Committee bill, S 754, the Cybersecurity Information Sharing Act (CISA). However, the timeline on floor consideration of that bill continues to slip. It may come up after the Senate has completed consideration of the Iran and Trade bills.

The Congressional Research Service (CRS) produced a side-by-side comparison of the two House bills:

https://www.fas.org/sgp/crs/misc/R43996.pdf

Department of Defense Releases Cyber Strategy

The Department of Defense (DoD) released their cyber strategy this week, which focuses on building cyber capabilities and organizations for DoD’s three primary cyber missions, which are:

1. DoD must defend its own networks, systems, and information.
2. DoD must be prepared to defend the United States and its interests against cyberattacks of significant consequence.
3. If directed by the President or the Secretary of Defense, DoD must be able to provide integrated cyber capabilities to support military operations and contingency plans.

In the cyber strategy, DoD sets five strategic goals for its cyberspace missions:

1. Build and maintain ready forces and capabilities to conduct cyberspace operations;
2. Defend the DoD information network, secure DoD data, and mitigate risks to DoD missions;
3. Be prepared to defend the U.S. homeland and U.S. vital interests from disruptive or destructive cyberattacks of significant consequence;
4. Build and maintain viable cyber options and plan to use those options to control conflict escalation and to shape the conflict environment at all stages;
5. Build and maintain robust international alliances and partnerships to deter shared threats and increase international security and stability.

The strategy also discusses the Cyber Mission Force, which will be comprised of cyber operators organized into 133 teams, primarily aligned as follows:

• Cyber Protection Forces will augment traditional defensive measures and defend priority DoD networks and systems against priority threats;
• National Mission Forces and their associated support teams will defend the United States and its interests against cyberattacks of significant consequence; and
• Combat Mission Forces and their associated support teams will support combatant commands by generating integrated cyberspace effects in support of operational plans and contingency operations.

DOD Cyber Strategy:

http://www.defense.gov/home/features/2015/0415_cyber-strategy/Final_2015_DoD_CYBER_STRATEGY_for_web.pdf

DOD Cyber Strategy Fact Sheet:

http://www.defense.gov/home/features/2015/0415_cyber-strategy/Department_of_Defense_Cyber_Strategy_Fact_Sheet.pdf

FY16 National Defense Authorization Act (NDAA)

The House Armed Services Committee (HASC) subcommittees met this week to mark up their sections of the FY16 National Defense Authorization Act (NDAA). The full committee will meet next Wednesday to mark up the bill.

Emerging Threats and Capabilities Subcommittee Mark:

http://docs.house.gov/meetings/AS/AS26/20150422/103282/BILLS-114HR1735ih-U1.pdf

Military Personnel Subcommittee Mark:

http://docs.house.gov/meetings/AS/AS02/20150423/103283/BILLS-114HR1735ih-U1.pdf

Readiness Subcommittee Mark:

http://docs.house.gov/meetings/AS/AS03/20150422/103284/BILLS-114HR1735ih-U1.pdf

Seapower and Projection Forces Subcommittee Mark:

http://docs.house.gov/meetings/AS/AS28/20150423/103285/BILLS-114HR1735ih-U1.pdf

Strategic Forces Subcommittee Mark:

http://docs.house.gov/meetings/AS/AS29/20150423/103286/BILLS-114HR1735ih-U1.pdf

Tactical Air and Land Subcommittee Mark:

http://docs.house.gov/meetings/AS/AS25/20150423/103287/BILLS-114HR1735ih-U1.pdf

The Senate Armed Services Committee (SASC) Chairman John McCain (R-AZ) said that he expects his subcommittees will begin marking up their portions of the NDAA either next week or the week after. The SASC voted this week to hold its FY16 NDAA markup in closed session. While the full committee will conduct its markup behind closed doors, McCain said that the subcommittees would be able to hold their markups in an open session if they so desired.

Department of Energy Quadrennial Energy Review

The Department of Energy released the initial installment of its first-ever Quadrennial Energy Review (QER) this week. This report focuses on energy transmission, storage, and distribution (TS&D) infrastructure pipelines, wires, storage, waterways, railroads, and other facilities and identifies opportunities and vulnerabilities of these systems.

Highlights from each of the chapters in this year’s QER, include:

Ensuring the Resilience, Reliability, Safety, and Security of TS&D Infrastructure

• Establishing a competitive program to accelerate pipeline replacement and enhance maintenance programs for natural gas distribution systems.
• Supporting the updating and expansion of state energy assurance plans, and establishing a competitive grant program to promote innovative solutions to enhance energy infrastructure resilience, reliability, and security.
• Analyze the policies, technical specifications, and logistical and program structures needed to mitigate the risks associated with loss of transformers.

Modernizing the Electric Grid

• Providing state financial assistance to promote and integrate TS&D infrastructure investment plans for electricity reliability, affordability, efficiency, lower carbon generation, and environmental protection.

Promoting grid modernization.

• Improving grid communication through standards and interoperability.

Modernizing U.S. Energy Security Infrastructures in a Changing Global Marketplace

• Investing to optimize the Strategic Petroleum Reserve (SPR’s) emergency response capability.
• Updating SPR release authorities to reflect modern oil markets.
• Supporting fuels diversity through research, demonstration, and analysis.

Improving Shared Transport Infrastructures

• Supporting a new program of competitively awarded grants for shared energy transport systems.
• Supporting alternative funding mechanisms for waterborne freight infrastructure.

Integrating North American Energy Markets

• Establishing programs for academic institutions and not-for-profits to develop legal, regulatory, and policy roadmaps for harmonizing regulations across borders.
• Increasing the integration of energy data among the United States, Canada, and Mexico.
• Promote Caribbean energy TS&D infrastructure.

Addressing Environmental Aspects of TS&D Infrastructure

• Improving quantification of emissions from natural gas TS&D infrastructure.
• Supporting funding to reduce diesel emissions.
• Enacting financial incentives for the construction of CO2 pipeline networks.

Enhancing Employment and Workforce Training

• Supporting an energy-job skills training system through the interagency Skills Working Group.
• Expanding support for an open-source learning community to develop, facilitate, and expand use of state-of-the art courses in energy-related fields.
• Facilitating national credentials for energy occupations.

Siting and Permitting of TS&D Infrastructure

• Enacting statutory authorities to improve coordination across agencies.
• Prioritizing meaningful public engagement through consultation with Indian Tribes, coordination with state and local governments, and facilitation of non-Federal partnerships.
• Expanding landscape and watershed-level mitigation and conservation planning.

A copy of the QER can be found at:

http://energy.gov/sites/prod/files/2015/04/f22/QER-ALL%20FINAL_0.pdf

The administration also announced two executive actions to modernize and enhance the resilience of the grid:

Executive Action 1: Partnership for Energy Sector Climate Resilience

The U.S. Department of Energy (DOE) is announcing a new Partnership for Energy Sector Climate Resilience that will improve U.S. energy infrastructure resilience against extreme weather and climate change impacts with the leading providers of electricity services. The partnership will begin with a convening at DOE with CEOs from the following 17 companies on April 30, 2015. The participating companies represent a broad array of investor-owned, Federal, municipal, and cooperative utilities, including:

• Con Edison
• Dominion Virginia Power
• Entergy
• Exelon
• Great River Energy
• Hoosier Energy
• Iberdrola USA
• National Grid
• New York Power Authority
• Pacific Gas and Electric
• PEPCO Holdings
• Public Service Electricity and Gas
• Sacramento Municipal Utility District (SMUD)
• San Diego Gas and Electric/Sempra
• Seattle City Light
• Tennessee Valley Authority (TVA)
• Xcel Energy

Executive Action 2: Funding for Rural Electric Infrastructure

The US Department of Agriculture (USDA) is announcing $72 million to support six new rural electric infrastructure projects including major investments to drive solar energy. The loans will be used for transmission line improvements, including smart grid projects. For nearly 80years, USDA’s Electric Programs have financed safe, reliable, and affordable electricity to help strengthen rural economies. Today’s announcement reinforces that commitment.

Department of Defense Rapid Innovation Fund

The Department of Defense (DOD) released a broad agency announcement (BAA) last week seeking offers for their Rapid Innovation Funding. The Rapid Innovation Fund’s goal is to transition innovative technologies that resolve operational challenges or save costs into DOD acquisition programs. Those selected for award may receive up to $3M, and there is preference given to small businesses. Approximately $225M was appropriated in FY15 for the fund. White papers (1st phase) must be submitted by June 15. Full proposals (2nd phase) are by invitation only. Offers in white papers should resolve operational challenges or other critical national security needs as characterized by the DOD Components’ requirements. The requirements can be found in Section 13.0 in this link to the BAA:

https://www.fbo.gov/index?s=opportunity&mode=form&id=cd85175835c504efe2f3a85a3ebba525&tab=core&_cview=0

DHS Acquisition Innovations in Motion (AIiM)

DHS released an announcement to industry this week regarding their Acquisition Innovations in Motion (AIiM). At the February 25, 2015 DHS Strategic Industry Conversation event in DC, DHS Secretary Johnson and Deputy Secretary Mayorkas said that DHS would continue to engage with industry and pursue acquisition initiatives over the course of the year to improve their business processes. Through AIiM, DHS has developed a series of initiatives and industry engagement events and conversations focused on reciprocal learning between DHS and industry. The link below contains a high level calendar of events that DHS will continue to update.:

http://www.dhs.gov/sites/default/files/publications/Acquisition%20Innovations%20in%20Motion.pdf

The updates will be available at:

http://www.dhs.gov/how-do-i/do-business-dhs

Questions about the AIiM initiative can be directed to the DHS Industry Liaison, Harrison Smith (Harrison.Smith@hq.dhs.gov).

Political Updates

Sen. Joe Manchin (D-WV) announced on Sunday that he plans to seek reelection in 2018 and does not intend to run for governor next year.

The President nominated Adam Szubin to be Under Secretary for Terrorism and Financial Crimes at the Treasury Department.

Next Week

The House will consider the FY16 Energy and Water and Military Construction-Veterans Affairs appropriations bills as well as a potential FY16 budget resolution conference report. The Senate will resume consideration of the Iran Nuclear Agreement Review Act and vote on the nomination of Dava Newman to be Deputy Administrator of NASA.

April 17, 2015

The House passed HR 650, the Preserving Access to Manufactured Housing Act; HR 685, the Mortgage Choice Act of 2015; HR 1562, the Contracting and Tax Accountability Act of 2015; HR 622, the State and Local Sales Tax Deduction Fairness Act; and HR 1105, the Death Tax Repeal Act. The Senate passed HR 2, the Medicare Access and CHIP Reauthorization Act of 2015, which replaced the sustainable growth rate formula by which Medicare pays doctors. The bill was sent to the President who signed it on Thursday. The Senate also confirmed Russell Deyo to be Under Secretary for Management at the Department of Homeland Security and Jonodev Osceola Chaudhuri to be Chairman of the National Indian Gaming Commission.

FY16 Budget

FY16 Budget Resolution Conference Committee

The House and Senate appointed conferees this week. Conferees will work to meld the differences between the two chambers FY16 budget resolutions.

House Budget Conferees are as follows: House Budget Committee Chairman Price (R-GA), Ranking Member Van Hollen (D-MD), Diaz-Balart (R-FL), Black (R-TN), Rokita (R-IN), Moolenar (R-MI), Yarmuth (D-KY), and Moore (D-WI).

Senate Budget Conferees are as follows: Senate Budget Committee Chairman Enzi (R-WY), Grassley (R-IA), Sessions (R-AL), Crapo (R-ID), Graham (R-SC), Portman (R-OH), Toomey (R-PA), Johnson (R-WI), Ayotte (R-NH), McCain (R-AZ), Wicker (R-MS), Corker (R-TN), Perdue (R-GA), Ranking Member Sanders (I-VT), Murray (D-WA), Wyden (D-OR), Stabenow (D-MI), Whitehouse (D-RI), Warner (D-VA), Merkley (D-OR), and Baldwin (D-WI).

Conferees are scheduled to meet on Monday, April 20 at 3 pm to begin working out the differences between their two FY16 budget resolutions (H Con Res 27 and S Con Res 11). House and Senate leaders are hopeful to have a final budget resolution by the end of the month.

Two main issues for conferees to consider are defense spending and the budget reconciliation process. With respect to Defense funding, the Senate budget resolution includes a budgetary point of order against spending more than $58 billion in the Overseas Contingency Operations account. A budgetary point of order requires 60 votes to waive. It is likely that this point of order will be dropped in any final conference agreement in order to win the support of military hawks. With respect to the budget reconciliation process, the House resolution contains much broader reconciliation instructions than the Senate version, which limits its instructions to the two committees with jurisdiction over health care programs. Republicans are planning to use the budget reconciliation process to repeal and replace the 2010 Affordable Care Act, but some want the process to be used only for that and not for changes to mandatory spending programs.

FY16 Budget Amendments Submitted by Administration to Congress

The Administration submitted to Congress several FY16 budget amendments for the Departments of Agriculture, Defense, Health and Human Services, Homeland Security, the Interior, Justice, State, and Transportation, as well as the General Services Administration, National Aeronautics and Space Administration, Small Business Administration, and the Social Security Administration. These amendments are fully offset and do not change the overall discretionary budget authority. These amendments were requested in order to reflect correctly policies assumed in the President’s FY16 budget request. The amendments decrease by $2.7 million the overall discretionary budget authority in the FY16 budget request.

The amendments and their details can be found at:

https://www.whitehouse.gov/sites/default/files/omb/assets/budget_amendments/amendment_04_14_15.pdf

FY16 Appropriations Process Begins in House

Two House Appropriations subcommittees met this week to mark up their FY16 spending bills. The Energy and Water Subcommittee marked up its $35.4B measure first followed by the Military Construction-Veterans Affairs (MilCon-VA) Subcommittee with their $76.6B measure. Both bills received a boost over their FY15 funding levels – a $1.2B increase for Energy & Water and a $4.6B increase for MilCon-VA.

The House Appropriations Committee will meet next Wednesday morning to mark up both bills in full committee as well as approve their FY16 suballocations or 302(b)s. And the bills are scheduled to be on the House floor the following week (week of April 27).

FY16 Energy and Water Appropriations Bill Text:

http://appropriations.house.gov/uploadedfiles/bills-114hr-sc-ap-fy2016-energywater-subcommitteedraft.pdf

FY16 Military Construction-Veterans Affairs Appropriations Bill Text:

http://appropriations.house.gov/uploadedfiles/bills-114hr-sc-ap-fy2016-milcon-subcommitteedraft.pdf

Cybersecurity

The Congressional Budget Office (CBO) scored the three cybersecurity bills this week – HR 1731, the National Cybersecurity Protection Advancement Act of 2015; HR 1560, the Protecting Cyber Networks Act; and S 754, the Cybersecurity Information Sharing Act of 2015. CBO estimates that the requirements imposed by HR 1731 would cost approximately $20M over the FY16-FY20 period. For the same time period, HR 1560 would cost $186M and S 754 would cost $20M. The House Intelligence Committee’s bill (HR 1560) is significantly more because it contains a provision codifying the President’s Cyber Threat Intelligence Center.

CBO Score of HR 1731, the National Cybersecurity Protection Advancement Act of 2015:

https://www.cbo.gov/publication/50116

CBO Score of HR 1560, the Protecting Cyber Networks Act:

https://www.cbo.gov/publication/50110

CBO Score of S 754, the Cybersecurity Information Sharing Act of 2015:

https://www.cbo.gov/publication/50113

The House Homeland Security Committee marked up HR 1731 in committee this week. The bill includes liability protection for companies sharing cyberthreat information with the Department of Homeland Security’s National Cybersecurity and Communications Integration Center (NCCIC) or other private entities. The committee approved an amendment during the markup that clarifies that the shared cyberthreat information processed by the NCCIC could not be used for law enforcement purposes. The legislation would require private companies to remove personally identifiable information (PII) unrelated to cybersecurity risk before sharing the information with the NCCIC or other private entities. It would also require the NCCIC to conduct a second scrub and destroy any personal information that is unrelated to the cybersecurity risk before further sharing it with other government agencies or private organizations. The bill also allows companies to monitor their own networks with liability coverage and to engage in defensive measures, which are clarified to say that they cannot include harming another network. And it provides for “sector specific agency” information-sharing agreements, which will allow critical infrastructure sectors to maintain pre-existing relationships with regulators. The bill was passed out of the committee by a unanimous voice vote.

HR 1731, the National Cybersecurity Protection Advancement Act of 2015:

http://docs.house.gov/billsthisweek/20150420/CPRT-114-HPRT-RU00-HR1731.pdf

HR 1731 Bill Summary:

http://homeland.house.gov/sites/homeland.house.gov/files/documents/04-14-15-NCPA-Act-Summary.pdf

List of Full Committee Amendments and Roll Call Votes:

http://homeland.house.gov/markup/markup-hr-national-cybersecurity-protection-advancement-act-2015

Both HR 1731 and HR 1560 will be considered on the House floor next week. They will be considered separately according to the process released by the House Rules Committee. House members have until 3 pm on Monday to submit amendments to the Rules Committee.

Trade Promotion Authority

The House Ways and Means Committee and Senate Finance Committee released a Trade Promotion Authority (TPA) bill this week, the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA-2015). TPA (aka “fast track authority”) expired in 2007. TPA-2015 would give the administration the ability to negotiate two big trade pacts (the Trans-Pacific Partnership and the Trans-Atlantic Trade and Investment Partnership), but would require the President to consult with Congress at key points in the negotiations. The President would be required to publish a trade agreement 60 days before he signs it and sends it to Congress for a vote. And Congress could only vote agreements up or down, not change them.

Labor (AFL-CIO), consumer, and environmental groups are launching campaigns to oppose the bill, while business groups (US Chamber of Commerce and the National Association of Manufacturers) support it.

Senate Finance Committee Chairman Orrin Hatch (R-UT) is planning an April 23 markup of the bill. Ranking Member Ron Wyden (D-OR) is hoping to move the bill in tandem with legislation to renew trade adjustment assistance for workers and businesses adversely affected by trade.

TPA-2015 Bill Text:

http://www.finance.senate.gov/download/?id=FEC41212-F7AF-4A6D-BF83-978401999DAF

Summary of TPA-2015:

http://www.finance.senate.gov/download/?id=070F3045-8E10-4284-896C-95344D75ECDE

Section-by-Section Summary of TPA-2015:

http://www.finance.senate.gov/download/?id=0009D10C-38FD-4D67-AC17-C9F29ABEAF05

Political Updates

Jonathan Levy, Deputy Chief of Staff at the Department of Energy (DOE) announced this week that he’s leaving for a job in the private sector. His last day will be April 28. Also at DOE, Don Adcock, the Deputy CIO announced this week that he’s leaving the government April 17 and will be joining the private sector. It’s unclear who will replace Adcock, but Michael Johnson was recently named to be the new DOE CIO.

The President nominated Gabriel Camarillo to be Assistant Secretary of the Air Force for Manpower and Reserves at the Department of Defense and Jonathan Elkind to be an Assistant Secretary for International Affairs at the Department of Energy. At the Treasury Department, the President nominated Adam Szubin for Under Secretary for Terrorism and Financial Crimes and Victoria Esser for Assistant Secretary for Public Affairs.

The White House announced that Deesha Dyer was promoted to Special Assistant to the President and Social Secretary. Dyer currently serves as Deputy Director and Deputy Social Secretary.

Maj. Gen. Joseph A. Brendler has been promoted to chief of staff at U.S. Cyber Command. Brendler was formerly Cybercom’s director of plans and policy.

Next Week

The House will take up HR 1195, the Bureau of Consumer Financial Protection Advisory Boards Act; HR 1560, the Protecting Cyber Networks Act; and HR 1731, the National Cybersecurity Protection Advancement Act. The Senate will resume consideration of S 178, the Justice for Victims of Human Trafficking Act, followed by the nomination of Loretta Lynch for US Attorney General, and then S 615, the Iran Nuclear Agreement Review Act.

April 10, 2015

The House and Senate were in recess this week.

House April Schedule

House Majority Leader Kevin McCarthy (R-CA) circulated a memo to House Republicans this week that outlined the House agenda for the next three weeks. Each week focuses on a different theme:

April 13th – 16th | Tax Freedom and Financial Independence

Bills to be considered:

• R. 299, Capital Access for Small Community Financial Institutions Act of 2015 (Stivers)
• R. 601, Eliminate Privacy Notice Confusion Act (Luetkemeyer)
• R. 1195, Bureau of Consumer Financial Protection Advisory Boards Act (Pittenger)
• R. 1259, Helping Expand Lending Practices in Rural Communities Act (Barr)
• R. 1265, Bureau Advisory Commission Transparency Act (Duffy)
• R. 1367, Applying the Expedited Funds Availability Act to American Samoa and the Northern Mariana Islands (Radewagen)
• R. 1480, SAFE Act Confidentiality and Privilege Enhancement Act (Dold)
• R. 650, Preserving Access to Manufactured Housing Act of 2015 (Fincher)
• R. 685, Mortgage Choice Act of 2015 (Huizenga)
• R. 1058, Taxpayer Bill of Rights Act of 2015 (Roskam)
• R. 1152, Prohibiting officers and employees of the Internal Revenue Service from using personal email accounts to conduct official business (Marchant)
• R. 1026, Taxpayer Knowledge of IRS Investigations Act (M. Kelly)
• R. 1314, Providing for a right to an administrative appeal relating to adverse determinations of tax-exempt status of certain organizations (Meehan)
• R. 1295, Improving the process for making determinations with respect to whether organizations are exempt from taxation under section 501(c)(4) of such Code (Holding)
• R. 709, Prevent Targeting at the IRS Act (Renacci)
• R. 1104, Fair Treatment for All Donations Act (Roskam)
• R. 1563, Federal Employee Tax Accountability Act of 2015 (Chaffetz)
• R. 1562, Contracting and Tax Accountability Act of 2015 (Chaffetz)
• R. 1105, Death Tax Repeal Act of 2015 (K. Brady)
• R. 622, Permanent State & Local Tax Deduction (K. Brady)

April 21st – 23rd | Cybersecurity

Several House committees are working on legislation to secure cyber networks and prevent data breaches. The bills focus on facilitating greater information sharing about cyber-threat information between the private sector and government while protecting civil liberties and promoting best practices.

April 28th – May 1st | Appropriations

The first two FY16 appropriations bills the House will consider will be:

• Military Construction / Veterans Affairs (Dent)
• Energy and Water Development (Simpson)

The House will also continue to work toward completion of a FY16 budget conference report and will bring it to the floor when the conference committee has completed its work. And they may consider reauthorization of key provisions of the USA PATRIOT Act, which expire at the end of May.

A copy of the Majority Leader’s memo can be found at:

https://www.vantagepointstrat.com/?p=382

DHS Science and Technology Directorate Strategic Plan

The Department of Homeland Security Science and Technology (S&T) Directorate released its Strategic Plan for fiscal years 2015-2019. The Strategic Plan outlines strategic objectives, initiatives, and activities for the S&T Directorate for the next five years.

Part I of the plan introduces the directorate and characterizes the strategic context it operates within. Part II of the strategic plan details the specific objectives, initiatives, and activities S&T will conduct in the next five years. And, Part III of the plan details S&T’s R&D Capability Roadmaps, which will guide investments in the years to come.

A copy of the strategic plan can be found at:

http://www.dhs.gov/sites/default/files/publications/st/ST_Strategic_Plan_2015_508.pdf

DOD Better Buying Power 3.0 Implementation Directive

Assistant Secretary of Defense for Acquisition, Technology and Logistics Frank Kendall released an implementation directive for Better Buying Power (BBP) 3.0 this week. Warning that “our technological superiority is at risk” from other nations rapidly modernizing their militaries, BBP 3.0’s goal is to reestablish our technological advantage by making it possible for the Pentagon to be able to buy new generations of weapons and systems as quickly and cheaply as possible, using competition, cost controls and other reforms.

DOD circulated a draft version of BBP 3.0 last year. This new implementation directive contains two new additions to that original draft – cybersecurity and reducing unnecessary paperwork regulations imposed on DOD suppliers.

New Emphasis Areas in BBP 3.0:

• Long-range research and development
• Cybersecurity
• Commercial technology
• Prototyping and experimentation
• Modular Open System Architecture (MOSA)
• Global technology
• Organic engineering capabilities
• Science, Technology, Engineering and Mathematics (STEM) education

Link to the implementation directive memo:

http://bbp.dau.mil/docs/BBP3.0ImplementationGuidanceMemorandumforRelease.pdf

Link to the Fact Sheet:

http://bbp.dau.mil/docs/BBP3.0FactSheetFINAL.pdf

Fiscal Year 2016 Appropriations and Subcommittee Vice Chairs

The House Appropriations Committee is expected to begin work on its FY16 appropriations bills next week with subcommittee markups in Military Construction-Veterans Affairs and Energy & Water.

House Appropriations Committee Chairman Hal Rogers also announced this week the Republican Members who will serve as Vice Chairs of the 12 Appropriations subcommittees for the 114^th Congress. These Members will serve as Chair of the subcommittee in the absence of the Chairperson, and assist them in official Committee duties.

The Subcommittee Vice Chairs are as follows:

Agriculture: David Valadao, California

Commerce, Justice, Science: Robert Aderholt, Alabama

Defense: Kay Granger, Texas

Energy and Water: Chuck Fleischmann, Tennessee

Financial Services: Jaime Herrera Beutler, Washington

Homeland Security: Rodney Frelinghuysen, New Jersey

Interior and Environment: Mike Simpson, Idaho

Labor, Health and Human Services, and Education: Steve Womack, Arkansas

Legislative Branch: Mark Amodei, Nevada

Military Construction and Veterans Affairs: Jeff Fortenberry, Nebraska

State and Foreign Operations: Charlie Dent, Pennsylvania

Transportation, Housing and Urban Development: Kevin Yoder, Kansas

Political Updates

Sen. Rand Paul (R-KY) announced earlier this week that he’s running for President in 2016.

Sen. Ben Cardin (D-MD) was officially elevated to Ranking Democrat on the Senate Foreign Relations Committee, stepping in for Sen. Robert Menendez (D-NJ) after he was indicted on corruption charges. While Menendez stepped aside on this committee, he is not giving up his ranking position on the Senate Banking Subcommittee on Housing, Transportation, and Community Development.

Sen. John McCain (R-AZ) announced this week that he intends to run for re-election in 2016. McCain is currently the chairman of the Senate Armed Services Committee, and is a member of the Indian Affairs and Homeland Security and Governmental Affairs committees. He will be 80 years old when he runs for re-election.

Rep. Lois Capps (D-CA) announced her intention to retire at the end of the 114^th Congress via a YouTube message. Capps has served in Congress since March 1998 and is on the Energy and Commerce and Natural Resources Committees.

Keith Hall officially took over as Director of the Congressional Budget Office on April 1, replacing Doug Elmendorf who had served in the role for six years.

Former Representative Brad Carson was named acting Undersecretary of Defense for Personnel and Readiness. Prior to this appointment, Carson was serving as Undersecretary of the Army and Army Chief Management Officer. Carson served in the House of Representatives from 2001-2005. He earned a Bronze Star during a deployment to Iraq in 2009-2010 as an active-duty Navy intelligence officer.

The President nominated Gabriel Camarillo to be Assistant Secretary of the Air Force for Manpower and Reserve Affairs. Camarillo is currently the Principal Deputy Assistant Secretary of the Army for Acquisitions, Logistics, and Technology.

April 3, 2015

The House and Senate were in recess this week.

Cybersecurity

Protecting Cyber Networks Act

The House Permanent Select Committee on Intelligence released a transcript of its markup of HR 1560, the Protecting Cyber Networks Act (PCNA). A manager’s amendment making technical changes to the bill was adopted by voice vote prior to final passage in committee this week. The markup was closed to the public, so the transcript provides a little more information about some of the changes in the manager’s amendment as well as other amendments that were offered and withdrawn by committee members.

The transcript can be found at:

http://intelligence.house.gov/sites/intelligence.house.gov/files/documents/HR%201560%20W%20Markup%20and%20Amendments.pdf

Malicious Cyber-Enabled Activities Executive Order

President Obama issued an executive order this week that creates a new, targeted authority for the US government to respond to malicious cyber-enabled activities originating from, or directed by, persons located, in whole or in substantial part, outside the United States. The executive order authorizes the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State, to impose sanctions on individuals or entities that engage in significant malicious cyber-enabled activities that are reasonably likely to result in, or have materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States, and that have the purpose or effect of:

• Harming or significantly compromising the provision of services by entities in a critical infrastructure sector;
• Significantly disrupting the availability of a computer or network of computers (for example, through a distributed denial-of-service attack); or
• Causing a significant misappropriation of funds or economic resources, trade secrets, personal identifiers, or financial information for commercial or competitive advantage or private financial gain (for example, by stealing large quantities of credit card information, trade secrets, or sensitive information).

The new Executive Order further authorizes the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State, to impose sanctions on certain individuals or entities that:

• Knowingly receive or use trade secrets that were stolen by cyber-enabled means for commercial or competitive advantage or private financial gain, where the underlying theft of the trade secrets is reasonably likely to result in, or has materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States (for example, where a corporation knowingly profits from stolen trade secrets); or
• Attempt, assist in, or provide material support for any of the above harms.
• This authority will be used in a targeted manner against the most significant cyber threats that we face, whether they are directed against our critical infrastructure, our companies, or our citizens.  The United States will continue to employ all available means, including diplomatic and law enforcement mechanisms, to counter these threats.

The President’s Malicious Cyber-Enabled Activities Executive Order:

https://www.whitehouse.gov/the-press-office/2015/04/01/executive-order-blocking-property-certain-persons-engaging-significant-m

The President’s letter to the Speaker of the House and President of the Senate on the Executive Order:

https://www.whitehouse.gov/the-press-office/2015/04/01/letter-blocking-property-certain-persons-engaging-significant-malicious-

House FY16 National Defense Authorization Act Markup

House Armed Services Committee (HASC) Chairman Mac Thornberry (R-TX) released the committee’s markup schedule for the FY16 National Defense Authorization Act (NDAA). The committee will meet to mark up the legislation in subcommittee and full committee as follows:

Wednesday, April 22, 2015

2:30 PM – Subcommittee on Emerging Threats & Capabilities Markup (Room 2118)

4:00 PM – Subcommittee on Readiness Markup (Room 2212)

Thursday, April 23, 2015

8:30 AM – Subcommittee on Tactical Air and Land Forces Markup (Room 2118)

9:30 AM – Subcommittee on Military Personnel Markup (Room 2212)

10:30 AM – Subcommittee on Seapower & Projection Forces Markup (Room 2118)

12:00 PM – Subcommittee on Strategic Forces Markup (Room 2212)

Wednesday, April 29, 2015

10:00 AM—Full Committee Markup (Room 2118)

Politico is reporting that the HASC is considering marking up a FY16 NDAA that authorizes $561B for base funding, which was the level requested by the Obama administration. They would then designate $38B of that funding for Overseas Contingency Operations.

House Homeland Security Committee Bills Introduced

Six freshmen Republican members of the House Homeland Security Committee introduced bills this week aimed at curbing waste, fraud, and abuse, and at increasing transparency at the Department of Homeland Security. The bills were introduced by Reps. Carter (R-GA), Hurd (R-TX), Loudermilk (R-GA), McSally (R-AZ), Ratcliffe (R-TX), and Walker (R-NC).

The freshmen Homeland Security Committee members introduced the following legislation:

HR 1615, the DHS FOIA Efficiency Act of 2015, introduced by Rep. Carter, directs DHS’s Chief FOIA Officer to make certain improvements in the implementation the Freedom of Information Act.

A link to the bill:

http://homeland.house.gov/sites/homeland.house.gov/files/documents/032515-HR1615.pdf

HR 1626, the DHS IT Duplication Reduction Act of 2015, introduced by Rep. Hurd, requires a report to Congress as they seek to reduce duplication of information technology at the department.

A link to the bill:

http://homeland.house.gov/sites/homeland.house.gov/files/documents/032515-HR1626.pdf

HR 1633, the DHS Paid Administrative Leave Accountability Act of 2015, introduced by Rep. Loudermilk, requires improvements to the tracking and reporting of DHS employees placed on administrative leave, or any other type of paid non-duty status, for personnel matters.

A link to the bill:

http://homeland.house.gov/sites/homeland.house.gov/files/documents/032515-HR1633.pdf

HR 1634, the Border Security Technology Accountability Act of 2015, introduced by Rep. McSally, chairman of the Subcommittee on Emergency Preparedness, Response, and Communications, strengthens accountability for DHS’ deployment of border security technology.

A link to the bill:

http://homeland.house.gov/bill/hr-1634-border-security-technology-accountability-act

HR 1637, the Federally Funded Research and Development Sunshine Act of 2015, introduced by Rep. Ratcliffe, chairman of the Cybersecurity, Infrastructure Protection, and Security Technologies Subcommittee, requires annual reports on the activities and accomplishments of DHS’s federally funded research and development centers.

A link to the bill:

http://homeland.house.gov/sites/homeland.house.gov/files/documents/032515-HR1637.pdf

HR 1640, the Department of Homeland Security Headquarters Consolidation Accountability Act of 2015, introduced by Rep. Walker, directs the Secretary of Homeland Security to submit to Congress a report on DHS’s headquarters consolidation project at St. Elizabeth’s.

A link to the bill:

http://homeland.house.gov/sites/homeland.house.gov/files/documents/032515-HR1640.pdf

Global Entrepreneurship Summit

The Government of Kenya has agreed to co-host the 2015 Global Entrepreneurship Summit (GES) this July. Organized annually since 2009, the GES has emerged as a global platform connecting emerging entrepreneurs with leaders from business, international organizations, and governments looking to support them. This will be the first time the GES will take place in sub-Saharan Africa. President Obama will travel to Kenya in July, where he will hold bilateral meetings and participate in the GES. This will be President Obama’s fourth trip to sub-Saharan Africa during his presidency.

Political Updates

Sen. Robert Menendez (D-NJ) was indicted by a grand jury this week on federal corruption charges. The charges stem from a Justice Department and FBI probe of Menendez and his longtime friend Dr. Salomon Melgen, a Florida opthamologist. Menendez was the Ranking Democrat, but sent a letter to Senate Minority Leader Harry Reid (D-NV) stating that he would give up his post temporarily. Next in line on the committee is Sen. Barbara Boxer (D-CA) who is expected to stay on as ranking member of the Environment and Public Works Committee. After Boxer is Sen. Benjamin Cardin (D-MD) who is the likely successor.

Sen. Marco Rubio (R-FL) confirmed this week that he plans to announce his candidacy for President and/or US Senate re-election at 5:30 PM on April 13 likely from the Freedom Tower in Miami, FL.

Rep. Tammy Duckworth (D-IL) announced this week that she is running for Senate in 2016 against incumbent Sen. Mark Kirk (R-IL). She is the first Democrat to declare for what could be a crowded race against Kirk. Other democrats eyeing candidacies include Reps. Robin Kelly (D-IL), Cheri Bustos (D-IL), and Bill Foster (D-IL).

Rob Nabors, the former Deputy Director of the Office of Management and Budget (OMB) and White House Deputy Chief of Staff for Policy is now taking over as the new Chief of Staff at the Veterans Affairs Department. Prior to joining OMB, Nabors worked for the House Appropriations Committee as Minority Staff Director. Nabors replaces Joe Riojas, who has served as Chief of Staff since July 2013.

The Chief Technology Officer for the Department of Health and Human Services, Bryan Sivak announced that he is leaving government and his last day will be at the end of April.

Next Week

The House and Senate are in recess and return the week of April 13.