October 17, 2014

Both the House and Senate were in recess this week. 

Consumer Financial Transaction Security

President Obama signed a new Executive Order today directing the federal government to adopt more secure financial transaction tools. The BuySecure Initiative will apply chip and PIN technology to newly issued and existing government credit cards, as well as Federal debit cards like SmartPay and Direct Express. The initiative will also upgrade retail payment card terminals at Federal agency facilities such as passport offices, VA canteens, and national parks so that they can accept chip and PIN-enabled cards.

Home Depot, Target, Walgreens, and Walmart were part of the President’s announcement today as all four retailers also agreed to upgrade all of their card terminals in their stores to chip and PIN-enabled. In addition, American Express will start a new program in January 2015 that will support small businesses upgrading their point of sale terminals and Visa will launch a public service campaign in 20 cities to educate consumers and merchants on chip and other secure technologies.

The Administration also announced a new effort to assist victims of identity theft. The Department of Justice, Department of Commerce, and Social Security Administration are working to make the fraud reporting process as easy as possible for Americans who have experienced credit card fraud. Their goal is to, within two years, reduce by half the amount of time it takes consumers to remediate the average case of identity theft. Today’s executive order will also support the Federal Trade Commission in their development of a new one-stop resource for victims of identity theft. IdentityTheft.gov. will streamline the reporting and remediation process with credit bureaus providing a portal that helps digitally submit reports of fraud to multiple credit bureaus.

The Consumer Financial Protection Bureau is working with leaders in the financial services industry to make credit scores more readily available to all Americans as shifts in credit scores can be a key first sign of identity theft. Beginning in January, Citi in partnership with FICO will make free credit scores available to their customers. This announcement builds on work done by institutions like Discover, Barclaycard, Pentagon Federal Credit Union, and First National Bank of Omaha who have implemented similar systems. And by the end of the year, MasterCard will offer all its card holders free, 24/7 identity theft resolution support and online identity theft monitoring services.

The Administration is also requiring all federal government agencies to ensure that personal data released by the government to citizens goes through multiple tests for authentication before being released.

In addition, the White House will host a Summit on Cybersecurity and Consumer Protection later this year to promote partnership and innovation. The Summit will bring together major stakeholders on consumer financial protection issues to discuss how all members of the financial system can work together to further protect American consumers and their financial data, now and in the future.

Finally, the President called on Congress to enact cybersecurity legislation and data breach legislation.

The White House announcement can be found at:

http://www.whitehouse.gov/the-press-office/2014/10/17/fact-sheet-safeguarding-consumers-financial-security

And a copy of the Executive Order can be found at:

http://www.whitehouse.gov/the-press-office/2014/10/17/executive-order-improving-security-consumer-financial-transactions

Border Security

Last week House Homeland Security Committee Chairman Michael McCaul (R-TX) released a proposal to secure the border entitled “Blueprint for Southern Border Security.” The proposal maps out sector-by-sector recommendations on resource allocation and capability improvements to achieve full situational awareness of the border. In addition to gaining situational awareness, the proposal also calls for:

• Developing outcome-based means to measure border security,
• Bolstering interior enforcement by enforcing strong penalties,
• Increasing coordination between federal, state and local law enforcement efforts,
• Creating a new command and control structure, and
• Engaging with international partners to strengthen partnerships for mutual security.

House Speaker Boehner (R-OH) recently said that he believes that immigration reform would help the economy, but that we’ve got to secure the border first, which is the focus of McCaul’s blueprint. The White House had said it would move on its own on immigration reform by the end of the year (but after the elections) and may provide undocumented immigrants with a legal way to earn citizenship. Speaker Boehner and House Judiciary Chairman Bob Goodlatte (R-VA) warned that any unilateral moves from President Obama will “inject serious constitutional questions” into the broader immigration debate.

A copy of the blueprint can be found at:

http://homeland.house.gov/sites/homeland.house.gov/files/documents/100614-Blueprint-Southern-Border-Security.pdf

Department of Defense Climate Change Adaptation Roadmap

Defense Secretary Chuck Hagel outlined the effects of climate change on the world’s security environment at the Conference of Defense Ministers in Peru this week. Hagel also unveiled the Department’s Climate Change Adaptation Roadmap and Strategic Sustainability Performance Plan to meet those challenges. Hagel said that, “Rising global temperatures, changing precipitation patterns, climbing sea levels and more extreme weather events will intensify the challenges of global instability, hunger, poverty, and conflict,” and that “they will likely lead to food and water shortages, pandemic disease, disputes over refugees and resources, and destruction by natural disasters in regions across the globe.” The military could be called upon to provide humanitarian and disaster relief for these potentially more frequent and more intense natural disasters. The Department has established three broad adaptation goals:

Goal 1: Identify and assess the effects of climate change on the Department.

Goal 2: Integrate climate change considerations across the Department and manage associated risks.

Goal 3: Collaborate with internal and external stakeholders on climate change challenges.

These goals are supported by four lines of effort:

1. Plans and Operations include the activities dedicated to preparing for and carrying out the full range of military operations. Also included are the operating environments in the air, on land, and at sea, at home and abroad, that shape the development of plans and execution of operations.
2. Training and Testing are critical to maintaining a capable and ready Force in the face of a rapidly changing strategic setting. Access to land, air, and sea space that replicate the operational environment for training and testing is essential to readiness.
3. Built and Natural Infrastructure are both necessary for successful mission preparedness and readiness. While built infrastructure serves as the staging platform for the Department’s national defense and humanitarian missions, natural infrastructure also supports military combat readiness by providing realistic combat conditions and vital resources to personnel.
4. Acquisition and Supply Chain include the full range of developing, acquiring, fielding, and sustaining equipment and services and leveraging technologies and capabilities to meet the Department’s current and future needs, including requirements analysis.

DoD’s first step in planning is to identify the effects of climate change on DoD with tangible and specific metrics. DoD has almost completed a baseline survey assessing the vulnerability of their more than 7000 bases, installations, and other facilities. Drawing on these assessments, officials are integrating climate change considerations into plans, operations and training across the Defense Department to enable managing associated risks. They are also working with other nations to share tools for assessing and managing climate change impacts. The Deputy Under Secretary of Defense (Installations and Environment) is the Department’s Climate Change Adaptation Planning Officer and is responsible for overseeing the implementation of this plan.

A copy of the roadmap can be found at:

http://www.acq.osd.mil/ie/download/CCARprint.pdf

Political Updates

DHS Secretary Jeh Johnson announced this week the panelists who will serve on DHS’ independent review of the US Secret Service. The panelists are former Associate Attorney General Tom Perrelli, former Deputy Attorney General Mark Filip, former Cabinet Secretary and Assistant to the President Danielle Gray, and former White House Deputy Chief of Staff for Operations Joseph Hagin. The panel is tasked with submitting an assessment and recommendations concerning security of the White House and recommendations for potential new directors of the Secret Service by December 15. Sec. Johnson also asked the panel to advise him on whether there should be a broader review of issues concerning the Secret Service.

TSA Administrator John Pistole will retire at the end of this year after more than 31 years in the federal government. Pistole was the Deputy Director of the FBI before joining TSA four years ago. He has been nominated to become the president of Anderson University in Anderson, Indiana.

President Barack Obama has chosen Ron Klain to serve as the administration’s Ebola “czar,” responsible for the “whole of government Ebola response.” Klain will report directly to Obama’s Homeland Security Advisor Lisa Monaco and National Security Advisor Susan Rice. Klain was chief of staff to Vice President Joe Biden from 2009 to 2011 and also served in the same position under Vice President Al Gore. He was also a key member of the team that helped Obama prepare for presidential debates. He is currently president of Case Holdings, former AOL chairman Steve Case’s holding company, and general counsel of investment firm Revolution.

Deputy Attorney General James Cole announced this week that he will resign his position as soon as a replacement is confirmed. With Attorney General Eric Holder also on the way out, the top two positions at the Department of Justice will be vacant. Holder is also remaining on board until his replacement is confirmed. Senate Democrats may feel some pressure to confirm both jobs in the lame duck session if they lose control of the Senate in the elections.

Next Week

The House and Senate are in recess until November 12.

October 10, 2014 

Both the House and Senate were in recess this week.

Federal Contractor Minimum Wage Final Rule

The Department of Labor released a final rule today on raising the minimum wage for employees of federal contractors to at least $10.10/hour starting January 1, 2015. The regulation follows the Executive Order President Obama released back in February. The minimum wage will apply to most construction, service, concession, and federal property contracts signed on or after Jan 1, 2015. Workers who spend less than 20% of their time on a contract in a given work week are excluded from the new minimum wage as are students, apprentices, and employees paid with grants. Those who work more than 20 percent are only required to receive at least $10.10 per hour for the time they spend working on the contract. Contractors are required to apply the executive order to their subcontractors, and are responsible for notifying all of their employees of the minimum wage to which they are entitled. The Secretary of Labor can reset the minimum wage for contractors every year, but must publish the new wage 90 days before it takes effect. A copy of the final rule can be found at:

https://www.vantagepointstrat.com/?attachment_id=276

Defense Reprogramming Request

The Department of Defense submitted a $1 billion reprogramming proposal to Congress to pay for sending up to 4,000 troops to Africa in a mission to help fight Africa’s deadly Ebola outbreak. The House Appropriations and Armed Services Committee chairmen signed off on an additional $700 million this week permitting a total of $750 million in funds leftover for fighting in Afghanistan to be used for this mission. The first $50 million was released last month. The $750 million is expected to cover a six-month mission that includes airlifting personnel, medical supplies, protective suits and equipment such as tents to house Ebola victims and isolate people exposed to the virus. Sen. James Inhofe (R-OK), the Ranking Republican on the Senate Armed Services Committee, initially put a hold on the reprogramming request demanding more details about the military’s plans to keep US soldiers from contracting Ebola. Today he lifted that hold after receiving specifics from the Pentagon on the protocol to protect troops in the region. Senate Democrats and Sen. Thad Cochran (R-MI) the ranking Republican on the Appropriations Committee agreed to the request earlier.

Defense Acquisition Reform

The New Democrat Coalition this week released a set of recommendations for overhauling the Department of Defense’s acquisition system. The Coalition submitted a list of acquisition reform proposals to House Armed Services Vice Chairman Mac Thornberry (R-TX) and ranking Democrat Adam Smith (D-WA), who are leading a long-term acquisition reform project. The Coalition’s task force was led by Reps. Derek Kilmer (D-WA), Ron Barber (D-AZ), and Colleen Hanabusa (D-HI). Their recommendations include cutting down on audits, streamlining regulations, and exploring the possibility of expanding the acquisition workforce and increasing its pay.

A copy of the Coalition’s recommendations can be found at:

http://newdemocratcoalition-kind.house.gov/sites/newdemocratcoalition.house.gov/files/New%20Democrat%20Coalition%20National%20Security%20Task%20Force%20Acquisition%20Recommen….pdf

And a copy of their letter to Reps. Thornberry and Smith can be found at:

http://newdemocratcoalition-kind.house.gov/sites/newdemocratcoalition.house.gov/files/New%20Democrat%20Coalition%20National%20Security%20Task%20Force%20Acquisition%20Letter%200….pdf

Political Updates

Deputy Veterans Affairs Secretary Sloan Gibson announced this week his recommendation for removing Susan Taylor, the Deputy Chief Procurement Officer (DCPO) in the Veterans Health Administration Procurement & Logistics Office. Sloan’s recommendation follows an investigation by the VA Office of Inspector General in which allegations of multiple ethics violations related to her work with the private reverse auction firm FedBid were substantiated. Taylor was given five days to respond to the recommendation for her removal. In the meantime, Ricky Lemmon, Director, Service Area Office Central, has been designated Acting Deputy Procurement and Logistics Officer.

President Obama renominated Michael O’Rielly as a Commissioner on the Federal Communications Commission. O’Rielly is currently a Commissioner, a position he has held since November 2013. Prior to this, he was a Policy Advisor in the Office of the Senate Republican Whip led by Senator John Cornyn (R-TX) in 2013 and by Senator Jon Kyl (R-AZ) from 2010 to 2012. He has also worked for the Republican Policy Committee, Senator John Sununu (R-NH), the Committee on Energy and Commerce in the US House of Representatives, and Representative Tom Bliley (R-VA).

Elizabeth Sherwood-Randall was formally sworn in by Vice President Joe Biden as Deputy Secretary of the Department of Energy today. Sherwood-Randall replaces Dan Poneman.

The US District Court for the Eastern District of Virginia released a decision this week declaring Virginia’s congressional maps unconstitutional because they concentrate African American voters into a single district. The 3rd Congressional District in Virginia is currently represented by Rep. Bobby Scott (D-VA). The existing map will remain in effect for the 2014 elections, but the state legislature must redraw the map by April 1, 2015. Currently Democrats control only three of the state’s 11 districts, and just one seat is truly competitive – only as a result of the retirement of GOP Rep. Frank Wolf. If the decision is not appealed and the districts are redrawn, the new map could have an impact on several Republican districts in the state making them competitive for Democrats, especially the district currently represented by Rep. Randy Forbes (R-VA).

Next Week

The House and Senate are in recess until November 12.

October 4, 2014

While both the House and Senate were in recess this week, the House Oversight and Government Reform Committee held a special hearing this week on the perimeter breach at the White House and new security concerns about the Secret Service.

Cybersecurity

The National Institute for Standards and Technology (NIST) published its NIST Framework and Roadmap for Smart Grid Interoperability Standards (v3.0) this week. The 3.0 framework updates the plan for transforming the nation’s aging electric power system into an interoperable smart grid—a network that will integrate information and communication technologies with the power-delivery infrastructure, enabling two-way flows of energy and communications. The Energy Independence and Security Act of 2007 established a goal to modernize the nation’s electricity system and assigned to NIST the primary responsibility to coordinate development of a framework to achieve interoperability of smart grid devices and systems.

This document first appeared in January 2010 and was last updated in February 2012 (v2.0). The new 3.0 version was needed because of recent progress in grid modernization, such as wide deployment of smart electric meters, NIST’s 74 new standards and protocols that support interoperability of the grid, updates to the reference architecture model of the smart grid, new developments and publications in smart grid cybersecurity, and the increased urgency of testing and certification. This final 3.0 version also incorporates public responses to the draft version that was released earlier this year.

A copy of the framework can be found at:

http://www.nist.gov/el/smartgrid-100114.cfm

NIST also published a revision to its Guidelines for Smart Grid Cybersecurity. The original version was released in 2010. The updated version includes new sections describing the relationship of smart grid cybersecurity to the NIST Cybersecurity Framework, cyber-physical attacks, cybersecurity testing and certification, and addresses regulatory changes involving privacy.

A copy of the guidelines can be found at:

http://nvlpubs.nist.gov/nistpubs/ir/2014/NIST.IR.7628r1.pdf

The White House this week announced more than $450 million in grants for nearly 270 community colleges partnered with over 400 employers nationwide to promote job training in high demand fields, including in cybersecurity and IT. There are 25 grants for developing new training programs for information technology and cybersecurity jobs, which are fields with a great need for trained employees. Employers partnering on the information security and technology programs include Lockheed Martin, Raytheon, Booz Allen, and SpaceX. The full list of grants can be found at:

http://www.whitehouse.gov/the-press-office/2014/09/28/white-house-announces-recipients-450-million-job-driven-training-grants

Homeland Security

On Tuesday, the General Services Administration (GSA) awarded a $139 million contract to Grunley Construction Company and Shalom Baranes Associates to renovate the 270,000-square foot historic center building on the campus of the former St. Elizabeth’s hospital for use as the new DHS headquarters. This facility is expected to be completed by fall 2017, but the overall renovation of the campus isn’t expected to be completed until 2022 at the earliest. The Coast Guard headquarters was completed in 2013 and houses 4,000 employees. This facility will initially house the DHS Secretary and ~700 employees, and the whole campus will eventually house 14,000 employees from across the Washington DC area. While GSA is committed to completing the project, it has been plagued with numerous delays and cost increases resulting in budget cuts from Congressional appropriators.

Defense Acquisition Reform

Senate Armed Services Committee Chairman Carl Levin (D-MI), Sen. John McCain (R-AZ) and the staff of the Permanent Subcommittee on Investigations released a report on defense acquisition reform this week. The report solicited opinions from more than 30 experts from a broad range of backgrounds seeking their views on a number of subjects relating to the Department of Defense’s (DOD) acquisition process and how the DOD’s procurement of major weapon systems can be improved. Four common themes emerged from the input:

1. Enhancing Incentives for the acquisition workforce
2. Bolstering programs for attracting and training a qualified acquisition workforce
3. Setting more realistic program requirements and budgets at the start of a program
4. Increasing the role of the service chiefs in the acquisition process

While the Subcommittee offered no recommendations of its own and endorsed no particular expert prescription, they did make two observations. The first is that cultural change is one of the most important factors identified as contributing to dysfunction in the defense acquisition system, but it is a function of leadership and an incentive structure and is the least amenable to legislation and policy changes. Second, continued “sequestration” of the DOD’s budgets will undermine any savings that could be achieved through even the most successful acquisition reform.

The full report can be found here:

http://www.mccain.senate.gov/public/_cache/files/7f54fe2e-9c26-4f66-b940-ebf8a9e9ef9c/psi-report—defense-acquisition-reform—a-compendium-of-views-10-2-14.pdf

Political Updates

Secret Service Director Julia Pierson resigned under pressure this week after a series of White House security breaches. On Wednesday, DHS Secretary Jeh Johnson appointed Joseph Clancy to be the interim acting director of the agency. Clancy is taking a leave of absence from his position as director of corporate security for Comcast to fill this vacancy. He retired from the Secret Service in 2011 where he was a special agent in charge of the Presidential Protective Division. Sec. Johnson also announced that he would appoint a “distinguished panel of independent experts” to conduct an outside inquiry into the security breaches and report recommendations by December 15.

Vice President Biden named Dr. Colin Kahl as his new national security adviser, succeeding Jake Sullivan, who left to teach at Yale Law School. Kahl was most recently an associate professor in the Security Studies Program in the Edmund A. Walsh School of Foreign Service at Georgetown University. He also was until recently a senior fellow and director of the Middle East Security Program at the Center for a New American Security.

Anne Neuberger was appointed chief risk officer of the National Security Agency (NSA) on September 17, a newly created position at the agency. NSA/CSS Director ADM Michael Rogers selected Neuberger who assumed the position at the beginning of October. In her first year, Neuberger will focus on creating and maturing a methodology and processes to assess the various risks across different missions and work toward meeting specific objectives assigned by ADM Rogers.

The President appointed Michèle Flournoy and Kevin Nealer to the President’s Intelligence Advisory Board. Flournoy is CEO of the Center for a New American Security, the non-profit research organization she co-founded in 2007.  She is also a Senior Advisor to the Boston Consulting Group, and served as Under Secretary of Defense for Policy at the Department of Defense (DOD. Nealer is a Principal and Partner at the Scowcroft Group, which he joined in 1993.

Next Week

The House and Senate are in recess until November 12.

September 26, 2014

Both the House and Senate were in recess this week.

National Intelligence Strategy

The Director of National intelligence James Clapper unveiled the 2014 National Intelligence Strategy (NIS) this week. The NIS is a blueprint to drive the priorities for the 17 US Intelligence Community (IC) components over the next four years. It identifies and explains the IC’s objectives – what the IC intends to accomplish (mission objectives) and how the IC will accomplish them (enterprise objectives). The seven mission objectives are: 1) strategic intelligence; 2) anticipatory intelligence; 3) current operations; 4) cyber intelligence; 5) counterterrorism; 6) counterproliferation; and 7) counterintelligence. The six enterprise objectives are: 1) integrated mission management; 2) integrated enterprise management; 3) information sharing and safeguarding; 4) innovation; 5) people; and 6) partners.

A copy of the NIS can be found at:

http://www.dni.gov/files/documents/2014_NIS_Publication.pdf

Tax Inversions

The Treasury Department released a notice on Monday stating that it will use regulatory authority to crack down on tax inversions. The notice eliminates certain techniques inverted companies currently use that make the practice profitable and makes it more difficult for US entities to invert. Specifically, Monday’s notice prevents inverted companies from accessing a foreign subsidiary’s earnings while deferring US tax through the use of “hopscotch” loans, prevents inverted companies from restructuring a foreign subsidiary in order to access the subsidiary’s earnings tax-free, closes a loophole to prevent inverted companies from transferring cash or property from a controlled foreign corporation to the new parent to completely avoid US tax, and makes it more difficult for US entities to invert by strengthening the requirement that the former owners of the US entity own less than 80% of the new combined entity. The new rules are only applicable to deals completed on or after Monday. And the department stated that they will continue to review a broad range of authorities for further anti-inversion measures as part of their continued work to close the inversion tax loopholes.

While the proposed rules did have a negative impact this week on the share prices of several publicly-traded companies involved in potential deals, some critics claimed that most companies considering inversion won’t change course even if the costs of inversion rise. Others think that the tighter rules will make US companies better acquisition targets with foreign firms initiating the transactions.

Defense Reprogramming Request

Earlier this month the Department of Defense Department submitted a reprogramming request to up to $1.54 billion in war spending to buy eight new Lockheed Martin F-35 fighter jets (including six for the Marines, to replace aircraft lost in battle) ($1.136B) and 21 additional AH-64 Apache helicopters built by Boeing ($404M). The request was included in a Sept 8 letter requesting permission to reprogram $1.9 billion in the Overseas Contingency Operations (OCO) account to pay for expanded operations against Islamic State extremists in Iraq and Syria. This week, House Defense Appropriations Subcommittee Chairman Rodney Frelinghuysen denied the Pentagon’s request to transfer money. Frelinghuysen’s subcommittee is one of the four spending and authorization panels in the House and Senate that must approve each item in reprogramming requests. In a letter to Pentagon Comptroller Michael McCord, Frelinghuysen responded that he was concerned that OCO funds are being used to “backfill budgetary shortfalls in acquisition programs that have only tenuous links to the fight in Afghanistan and other current operations.”

Cybersecurity

The National Institute for Standards and Technology (NIST) released a public notice this week stating that they had selected the MITRE Corporation to run their Federally Funded Research and Development Center (FFRDC) for cybersecurity. The IDIQ contract is worth up to $5 billion over 25 years. NIST announced plans for its first FFRDC in April 2013. The FFRDC will provide scientific and engineering support needed to carry out the research and engineering agenda set by NIST including engaging in, assisting, and contributing to the support of scientific activities and projects for developing practical cybersecurity solutions composed from commercial components; and performing and engaging in research, engineering, and technology transfer/integration services for trustworthy information systems to the U.S. Government. The new organization will also support the National Cybersecurity Center of Excellence, a public-private partnership closely associated with NIST. MITRE runs similar FFRDCs for the Defense Department and other agencies, and also manages the Common Vulnerabilities and Exposures database and developed specifications for the Structured Threat Information Expression (STIX) and Trusted Automated Exchange of Indicator Information (TAXII) under contract with DHS.

Political Updates

Eric Holder, the first African-American Attorney General, announced on Thursday that he will leave his post at the Department of Justice once a successor is nominated and confirmed. Holder has been in the job for nearly six years and is one of three of President Obama’s original cabinet members still serving in his post. Potential candidates to replace Holder include former White House counsel Kathryn Ruemmler, Massachusetts Governor Deval Patrick, Solicitor General Donald Verrilli Jr., former Michigan Governor Jennifer Granholm, Senator Sheldon Whitehouse (D-RI), Senator Amy Klobuchar (D-MN), Senator Richard Blumenthal (D-CT), California attorney general Kamela Harris, United States attorney for the Southern District of New York Preet Bharara, former Homeland Security Secretary Janet Napolitano, US Attorney for the Western District of Washington State Jenny Durkan, Labor Secretary Thomas Perez, Deputy Homeland Security Secretary Alejandro Mayorkas, former Associate Attorney General Tony West, US Attorney for Washington DC Ron Machen, former Joe Biden aide Neil MacBride, and United States attorney in Brooklyn Loretta Lynch. Gov. Patrick on Thursday said that it was not the right time for him to take such a job, and Sen. Whitehouse responded that his “heart’s desire is representing Rhode Island in the Senate” and he has no interest in other positions.

Defense Secretary Chuck Hagel nominated Navy Adm. Harry Harris this week to become the next commander of the US Pacific Command. If approved, Harris would replace Adm. Samuel Locklear, who took over the role in March 2012. The Pentagon has not yet announced the next move for Locklear. Harris is the US Pacific Fleet commander and is based in Pearl Harbor, Hawaii. He assumed command there in October 2013.

Jeffrey Johnson has been named chief of defense nuclear security and associate administrator for the National Nuclear Security Administration’s Office of Defense Nuclear Security. In his new role, Johnson will oversee the development and implementation of programs at the NNSA. He previously led the US Marine Corps Civilian Law Enforcement.

Next Week

The House and Senate are in recess until November 12.

September 19, 2014

Both the House and Senate passed a continuing resolution (CR) funding the federal government through December 11. The CR included language authorizing President Obama to train and equip Syrian rebels to fight the Islamic State in Iraq and the Levant. The House also passed HR 2, the American Energy Solutions for Lower Costs and More American Jobs Act (a 13-bill energy package) and HR 4, the Jobs for America Act (a 14-bill jobs package). The President issued Statements of Administration Policy on HR 2 and HR 4 threatening to veto them in their current form. The Senate took up S 2199, the Paycheck Fairness Act, but failed to garner the 60 votes needed to invoke cloture. The Senate did pass S 2651, the DHS OIG Mandates Revision Act of 2014 as well as S 2141, the Sunscreen Innovation Act. The Senate also passed by voice vote the Border Patrol Agent Pay Reform Act of 2014 (S 1691) and the Preventing Conflicts of Interest with Contractors Act (S 2061), and passed by unanimous consent HR 4994, the IMPACT Act of 2014; HR 5404, the Department of Veterans Affairs Expiring Authorities Act of 2014; S 1611, the Federal Data Center Consolidation Act of 2013; and S 2583, the E-LABEL Act (S. 2583), among others. And on Thursday, Petro Poroshenko, the President of Ukraine, appeared before a joint session of Congress and appealed to members to provide more assistance, including military equipment, to aid his government’s fight against Russian-backed separatists.

Appropriations

The House and Senate passed a continuing resolution (CR) funding the federal government through December 11. The House passed the CR by a vote of 319 to 108, while the Senate passed it by a vote of 78 to 22. The CR funds federal agencies at the current annual spending rate of $1.012 trillion.

The CR included authorization language providing President Obama the authority to train and equip Syrian rebels to fight the Islamic State in Iraq and the Levant (ISIS). A separate vote in the House on the amendment made it easier for members to vote against the ISIS language but not the CR. The House passed the amendment by a vote of 273 to 156. The administration’s authority to train those fighters will run out on Dec. 11. A copy of the amendment can be found at:

http://amendments-rules.house.gov/amendments/MCKEON021915141612381238.pdf

Sen. Ted Cruz (R-TX) argued for a longer CR funding the government into the 114^th Congress assuming that the Senate would have a greater number of Republicans in the next Congress. While he wasn’t successful now, it is a possibility that if Republicans make gains in the November election they will push to punt spending decisions into next year. The White House and Appropriators would oppose those efforts and instead support passage of an omnibus spending bill in the lame duck session.

The Defense Department on Tuesday submitted a reprogramming request to Congress seeking permission to shift $500 million to efforts to fight the Ebola outbreak in Africa, including plans related to the construction of 17 treatment centers for those infected by the deadly virus. The funds would come from unobligated funds from the Overseas Contingency Operations account. The $500 million would be in addition to $88 million in new funding sought in the continuing resolution that would go largely to domestic agencies.

Cybersecurity

The Senate Armed Services Committee (SASC) released an unclassified version of their “Inquiry into Cyber Intrusions Affecting U.S. Transportation Command Contractors” report this week. The committee unanimously approved the classified version of the report this spring. After a year-long investigation, SASC staff found that in a 12-month period (6/1/12-5/31/13) there were about 50 intrusions or other cyber events into the computer networks of US Transportation Command contractors. Of those 50, 20 can be attributed to hackers associated with the Chinese government, but TRANSCOM was only aware of two of those intrusions. They also found gaps in reporting requirements and a lack of information sharing among government entities that left the command largely unaware of computer compromises by China of contractors that are key to the mobilization and deployment of military forces.

In response to the investigation’s findings, the committee included a provision in its version of the FY15 National Defense Authorization Act directed at addressing reporting gaps and improving the way in which the Department disseminates information about cyber intrusions into the computer networks of operationally critical contractors. Specifically, the provision directs the Secretary of Defense to establish procedures for designating companies as ‘‘operationally critical contractors’’ and tightening requirements that those contractors report successful cyber penetrations by known or suspected government actors. It also requires DoD to establish new procedures to assist contractors in detecting and mitigating cyber threats while ensuring protections for trade secrets, commercial or financial information. The provision requires the Secretary to assess existing reporting requirements and DoD policies and systems for sharing information on cyber intrusions. It also requires the Secretary to designate a single DoD component to receive intrusion reports from contractors and other government agencies and to issue guidance ensuring that intrusion-related information is shared with appropriate DoD components.

A copy of the report can be found at:

http://www.armed-services.senate.gov/download/sasc_cyberreport_09-17-14

FY15 National Defense Authorization Act

While the Senate has not passed its annual defense authorization bill this year, the House and Senate Armed Services Committees (HASC and SASC) started an informal conference committee process this week. Members of the HASC and SASC had a chance this week to discuss their defense authorization priorities with House Armed Services Chairman Buck McKeon (R-CA) and Senate Armed Services Chairman Carl Levin (D-MI) this week. The closed, pre-conference general policy panel meeting is being done now as the House and Senate will have little time to reconcile their differences in a final measure when they return for the lame duck session November 12.

Defense

Frank Kendall, Under Secretary of Defense for Acquisition, Technology and Logistics, released a draft of DOD’s Better Buying Power (BBP) 3.0 at the Center for Strategic and International Studies (CSIS) this morning. The BBP initiative seeks to improve the Department of Defense’s procurement process by providing more incentives for contractors to meet cost and schedule goals, remove some barriers to buying commercial products, incorporate more input from the intelligence community into requirements for future weapons, expanding the Superior Supplier Incentive Program, and getting draft requirements out earlier and incorporating industry feedback into final solicitations. Kendall said that after receiving feedback on the draft he expects to release a final version of BBP 3.0 in January.

A copy of the interim release of BBP 3.0 can be found at:

https://www.vantagepointstrat.com/?attachment_id=268

Lame Duck Schedule

Senate Majority Leader Harry Reid (D-NV) announced this week that following the conclusion of the current work period, the Senate is expected to return to session on Wednesday, November 12, 2014. Orientation and Leadership elections will be conducted November 12 through 14 and Senators should expect votes starting November 12. The House calendar released at the beginning of this year has the House also reconvening on November 12 and remaining in session through December 12.

Political Updates

The Kansas Supreme Court on Thursday sided with Democrats attempting to remove their candidate, Chad Taylor from the ballot in Kansas’ Senate race. Taylor’s withdrawal from the race clears a path for Independent candidate Greg Orman to challenge the incumbent Sen. Pat Roberts (R-KS) making this a potentially competitive race.

President Obama nominated Robert Sher to be Assistant Secretary of Defense for Strategy, Plans, and Capabilities at the Department of Defense. Sher is currently the Deputy Assistant Secretary of Defense for Plans in the Office of the Under Secretary of Defense for Policy, a position he has held since 2012. Scher has also served as the Deputy Assistant Secretary of Defense for South and Southeast Asia, the Chief of Staff to the Deputy Under Secretary of Defense, Asia and Pacific, and as a member of the Policy Planning Staff at the Department of State. He began his career in public service as a Presidential Management Intern in 1992, serving as a Special Assistant to an Assistant Secretary of Defense. If confirmed, Sher would succeed Madelyn Creedon who left the post this summer to be principal deputy administrator for the National Nuclear Security Administration.

The Senate voted to confirm the nominations of Linda Schwartz to be Assistant Secretary of Veterans Affairs for Policy and Planning, Gordon Tanner to be General Counsel of the Department of the Air Force, Debra Wada to be an Assistant Secretary of the Army, Elizabeth Sherwood-Randall to be Deputy Secretary of Energy, Robert Holleyman to be a Deputy United States Trade Representative, Eric Rosenbach to be an Assistant Secretary of Defense for Homeland Defense, Nathan Sheets to be an Under Secretary of the Treasury, Charles Fulghum to be Chief Financial Officer at the Department of Homeland Security, Alfonso Lenhardt to be Deputy Administrator of the United States Agency for International Development, and Thomas Frieden to be US Representative to the World Health Organization.

Federal Chief Information Officer Steven VanRoekel announced that he is departing his post at the White House to join the US Agency for International Developments Ebola response team. In his new role as USAID chief innovation officer, VanRoekel will be responsible for advising the agency on using technology and data in its response to the epidemic. VanRoekel has served as the federal CIO since August 2011. Lisa Schlosser, one of VanRoekel’s deputies, will oversee the Office of E-Government and Information Technology until the White House names a permanent replacement.

The Department of Defense appointed retired Lt. Gen. Frances C. Wilson, US Marine Corps, to serve as the chairperson of the Defense Advisory Committee on Women in the Services (DACOWITS). Wilson spent nearly 37 years in the U.S. Marine Corps, and served as the president of National Defense University and as the commandant, Industrial College of the Armed Forces. Since retiring in 2009, she has been part of various organizations in the Virginia Tidewater area, serving as an appointed member of the City of Virginia Beach Mayor’s Military Economic Development Advisory Committee, and as the chair, board of directors, Hampton Roads and Central Virginia USO. She was appointed by the Virginia governor as a member of the board of trustees, Fort Monroe Authority, and board of visitors, Virginia Military Institute. Wilson has also been a DACOWITS member since June 2012. She succeeds Holly Hemphill of Alexandria, Virginia.

Next Week

The House and Senate are in recess until November 12.

September 12, 2014

The House and Senate returned from their August recess this week. The House passed HR 5078, the Waters of the United States Regulatory Overreach Protection Act; HR 3522, the Employee Health Care Protection Act of 2013, a bill that would allow Americans to retain their health care policies until 2018 even if their plans do not meet federal rules set under the 2010 Affordable Care Act; and HR 5161, the E-LABEL Act. The Senate voted on a proposed constitutional amendment to let Congress limit campaign contributions and expenditures, but failed to reach the 2/3 vote needed for a constitutional amendment (vote 54 to 42). The Senate did pass HR 4197, the All Circuit Review Extension Act and S 2258, the Veterans’ Compensation Cost-of-Living Adjustment Act of 2014.

Appropriations

House Appropriations Chairman Hal Rogers (R-KY) introduced a continuing resolution (CR) earlier this week to fund the government into the new fiscal year starting on Oct. 1. The House had intended to begin consideration of the bill this week, but delayed action until next week in order to consider including authorization language for administration action against the Islamic State terrorist group (ISIS). Instead, the House will begin consideration of the CR next Tuesday with a vote on the measure most likely on Wednesday. It isn’t clear at this point whether the authorization language will be tacked on to the CR or considered as separate legislation. If the strategy is to include the language in the CR, the House would bring up the CR on the floor and then add the language as an amendment, allowing for a separate vote on the issue. Senate Majority Leader Harry Reid (D-NV) has said that his chamber will follow the House’s lead and decide whether to concur or make changes after they have received it.

The $1.012T CR introduced earlier this week funds non-defense-related programs at an annualized level of $494.548B, $2B above the FY15 cap in last year’s budget agreement making it a potential target for procedural objections in the Senate. The CR funds the government at current levels through December 11, 2014. While the CR was considered relatively “clean” and free of policy riders, it did include a number of provisions for expiring programs such as DOD activities, including counter-drug operations, support to the Office of Security Cooperation in Iraq, and rewards for assistance in combatting terrorism, and a provision to continue a surge in funding for State Department programs to counter regional aggression toward Ukraine and other former Soviet Union countries. The CR also includes several provisions related to the treatment of veterans and continued oversight of the Department of Veterans Affairs, as well as extending the operating authority for the Export-Import Bank through June 30, 2015 and extending the Internet Tax Freedom Act through December 11, 2014. And, finally, the CR includes provisions allowing funding flexibility for Customs and Border Protection and Immigration and Customs Enforcement to maintain staffing levels, border security operations, detention space, and immigration enforcement activities; addressing the recent Ebola crisis; additional funds to offset food price increases in the Commodity Supplemental Food Program; funding flexibility to maintain weather satellite programs; and the continuation of current funding for the Temporary Assistance to Needy Families (TANF) program.

Appropriators say that they are still working toward a year-end omnibus that would include most, if not all of the FY15 spending bills. This could change if Republicans win control of the Senate in the November elections. In that scenario, Republicans might opt for a short-term CR extending funding into the new Congress giving them a chance to write new bills that are more to their liking in the new Congress.

Tax Extenders

Senate Finance Committee Chairman Ron Wyden (D-OR) and House Ways and Means Committee Chairman Dave Camp (R-MI) are reportedly considering a post-election, lame duck deal on a potential one-year extension of approximately 60 expired tax breaks. The tax breaks expired at the end of 2013 and include tax deductions for contributions to charitable organizations directly from an individual retirement account, mortgage interest premiums, state and local sales taxes, and some higher-education expenses. The duration of the tax breaks extensions has not been decided, as well as whether or not they would be retroactive. The Joint Committee on Taxation estimated that a one-year extension package would cost about $47 billion. Earlier this summer, the House passed bills that would make the IRA charitable contribution and several other extenders permanent, but the White House threatened to veto those bills because no tax revenue was provided to pay for the extensions.

Defense

Earlier this week, the Pentagon sent a $1.9B reprogramming request to Congress. The request diverts $1.2B for 8 new F-35s to replace older aircraft destroyed in the war, $404M for 21 new Apache helicopters to replace 21 Kiowa helicopters, and $122M for a “Massive Ordnance Penetration” weapon and pays for all of them from previously appropriated funds that are no longer needed because of the drawdown in Afghanistan. Four congressional committees – House Armed Services, Senate Armed Services, House Defense Appropriations, and Senate Defense Appropriations – all have to approve the request.

A copy of the request can be found at:

https://www.vantagepointstrat.com/?p=266

Political Updates

The Senate confirmed the nominations of David Radzanowski to be Chief Financial Officer at National Aeronautics and Space Administration, Miranda Ballentine to be an Assistant Secretary of the Air Force, and Joseph Nimmich to be Deputy Administrator for the Federal Emergency Management Agency at the Department of Homeland Security.

Rep. John Tierney (D-MA) lost his primary race in Massachusetts’ 6th congressional district. Tierney was ousted by primary challenger Seth Moulton, a first-time candidate and Iraq War Veteran. Tierney held seats on the House Education and Workforce and Oversight and Government committees. Moulton will face Repubican Richard Tisei in the November election. Tisei narrowly lost to Tierney in 2012. The loss makes Tierney the fourth House incumbent to lose primaries this cycle. The others are Reps. Ralph Hall (R-TX), Kerry Bentivolio (R-MI), and Eric Cantor (R-VA), who has since resigned.

Next Week

The House and Senate will return on Monday. The House will take up the FY15 CR, but it is not clear right now if the ISIS authorization language will be packaged in with the CR or will be a separate vote. The House will also take up a 14-bill jobs package and a 13-bill energy package as well as receive the President of Ukraine on Thursday. The House is scheduled to be in session through Friday. House Majority Leader Kevin McCarthy (R-CA) also announced that as of right now there is no change to the House schedule for the last week of September (9/29-10/2) when they are scheduled to be in session. The Senate will resume consideration of S 2199, the Paycheck Fairness Act, a bill that would require employers to demonstrate that wage gaps between men and women doing the same work are the result of factors other than gender. The Senate is also scheduled to vote on two nominations to the Nuclear Regulatory Commission.

September 5, 2014 

The House and Senate were in recess this week.

September House Agenda

House Majority Leader Kevin McCarthy (R-CA) sent a memo to House Republicans this week laying out the House agenda for the short (potentially only two weeks) September work session. McCarthy wrote that the House will take up two omnibus bills – one combining 14 jobs bills (including the Permanent Internet Tax Freedom Act) and the other combining 13 energy bills. The House will also consider a bill allowing people to keep their health insurance plan if they like it. As for the FY15 appropriations bills, the memo only said that the House will also pass a continuing resolution (CR) that will continue government operations as they are on September 30th into the new fiscal year.

A copy of the memo can be found at:

https://www.vantagepointstrat.com/?attachment_id=258

Appropriations

In an interview on Fox News this week, Senate Minority Leader Mitch McConnell (R-KY) was asked about the possibility of another government shutdown at the end of FY14. McConnell responded, “The only people talking about a government shutdown are the Democrats and nobody has any interest in doing that. So I think we’ll pass a clean CR which would operate the government probably into December.”

Last week, the Office of Management and Budget (OMB) submitted requests for appropriations- and authorization-related anomalies to House and Senate Appropriators. OMB requested that appropriators grant extra flexibility to various federal agencies to manage the influx of Central American migrants at the border, and that Congress extend the operating authority of the Export-Import Bank, which expires on Sept 30. The list also includes a request to boost the number of visas for Afghan civilians who served as translators, an additional $22.9 million for the Veterans Affairs Office of Special Counsel, authority to create a new Urgent and Emerging Threat Fund within the Centers for Disease Control and Prevention, and an additional $58 million to speed the development, manufacturing, and testing of Ebola drugs and two Ebola vaccine candidates.

Since a CR is the only piece of legislation with a real shot at passing before the midterm elections, it could become a vehicle for lawmakers other pet programs – border security spending, additional funding for firefighting, an extension of the Export-Import Bank, tax inversions, and reauthorization of the Internet Tax Freedom Act and the Terrorism Risk Insurance Act. The CR is likely to fund the government through December 11 or 12.

Defense

At a conference sponsored by the Southeastern New England Defense Industry Alliance this week, Defense Secretary Chuck Hagel and Undersecretary of Defense for Acquisition, Technology and Logistics (ATL) Frank Kendall both spoke about the next phase of the Pentagon’s latest acquisition reform effort, Better Buying Power. Better Buying Power 3.0 is expected to be unveiled this month, perhaps as early as Sept. 12, and will focus on getting proven technology in the hands of soldiers faster. Better Buying Power 1.0 and 2.0 centered on business practices and decision-making, respectively.

In Better Buying Power 3.0, Secretary Hagel said that the Pentagon will expand its use of prototyping as the DOD budget continues to tighten. DOD believes that prototyping furthers technical advances in research and development and lowers lead time in the event they go forward with production. The increased use of prototyping will also allow DOD to preserve design teams during any long periods between new product development programs.

Other new acquisition improvement initiatives in Better Buying Power 3.0 include:

• More use of modular and open systems architectures.
• Providing industry with draft requirements earlier.
• Removing obstacles to procuring commercial items.
• Improving our technology search and outreach in global markets.

In addition, Undersecretary Kendall will convene a Long-Range Research & Development Planning Program aimed at assuring US technological edge through the next several decades, and Deputy Defense Secretary Robert Work is leading an effort to determine what types of new technologies could help the US military outperform adversaries of the future.

On Aug 22, DOD ATL released new “Guidelines For Creating and Maintaining a Competitive Environment for Supplies and Services in the Department of Defense.” The guidelines were developed as a result of the Better Buying Power 2.0 initiative in which seven areas were identified for achieving greater efficiency and productivity in defense spending. Area 5, entitled “Promote Effective Competition,” further identified “emphasizing competition strategies and creating and maintaining competitive environments as an opportunity for improving our competitive posture within the Department.” These guidelines are intended to complement and work in concert with the four overarching principles identified in Better Buying Power 2.0 to:1) think and not default to the “school solution;” 2) attract, train and empower acquisition professionals; 3) start with the basics – the acquisition fundamentals work; and 4) streamline decision making.

A copy of the guidelines can be found at:

https://www.vantagepointstrat.com/?p=257

Political Updates

The White House has chosen Google X Vice President Megan Smith as the next Federal Chief Technology Officer pending security clearances. Smith will replace Todd Park who announced last week that he is stepping down from the job by the end of the year. Google X is the company’s secretive research arm whose recent projects include the development of self-driving cars and a drone delivery program. As U.S. CTO, Smith will guide the Administration’s IT policy and initiatives.

The White House also announced that Alexander Macgillivray will be the Deputy US CTO. Macgillivray will focus on a portfolio of key priority areas for the Administration, including Internet policy, intellectual property policy, and the intersection of big data, technology, and privacy. Macgillivray is an internationally recognized expert in technology law and policy, most recently serving as General Counsel and Head of Public Policy at Twitter from 2009-2013.

Kansas Secretary of State Kris Kobach announced this week that the Democrat who attempted to drop out of the three-way race against Sen. Pat Roberts (R-KS) must remain on the ballot. Democratic nominee Chad Taylor had submitted a request to have his name removed from the ballot to clear a path for independent Greg Orman to challenge Roberts one-on-one. Kobach, a Republican who backs Roberts, said that Taylor failed to declare that he would be unable to perform the job if elected. Taylor said in a statement that he will challenge Kobach’s decision.

Next Week

The House and Senate return from recess next week. The House is expected to vote on a continuing resolution as well as the jobs and energy omnibus bills mentioned in the House Majority Leader’s memo. The Senate is expected to consider a number of nominations as well as take up a joint resolution proposing an amendment to the Constitution relating to contributions and expenditures intended to affect elections.

August 29, 2014

The House and Senate were in recess this week.

Sequestration

The Office of Management and Budget (OMB) issued its FY15 Sequestration Update Report to the President and Congress. The report provides an update on the status of the discretionary caps and on the compliance of pending discretionary appropriations legislation with those caps. The report finds that if the current discretionary caps remain unchanged, under OMB’s estimates Senate action to date for the 12 annual appropriations bills for FY15 would result in a sequestration of approximately $34 million in discretionary programs in the defense category. The report also finds that actions by the House of Representatives for both the defense and non-defense categories and actions by the Senate for the non-defense category are in compliance with the current FY15 spending limits, and that present House and Senate action on pending FY14 supplemental appropriations would not breach the current FY14 limits. Finally, the report also contains OMB’s Preview Estimate of the Disaster Relief Funding Adjustment for FY15.

A copy of the report can be found at:

http://www.whitehouse.gov/sites/default/files/omb/assets/legislative_reports/sequestration/sequestration_update_august2014.pdf

Defense

This week President Obama outlined five priorities the Administration is focused on to ensure that we are fulfilling our promises to service members, veterans, and their families: delivering the quality health care veterans have been promised; ensuring all veterans have every opportunity to pursue the American Dream; providing the U.S. Department of Veterans Affairs (VA) with the resources our veterans deserve; protecting the dignity and rights of all veterans; and eliminating the decades-old disability claims backlog. More specifically, Obama said that they are working to improve the transition between DoD and VA care for those leaving military service, and to provide military families with new private-sector commitments that will make it easier to obtain mortgage interest rate reductions and reduced monthly payments as well as student debt relief.

The President also announced 19 new executive actions to serve the military community, including new efforts to strengthen service members’ access to mental health care. These executive actions can be found at:

http://www.va.gov/opa/docs/26-AUG-JOINT-FACT-SHEET-FINAL.pdf

Cybersecurity

The National Institute of Standards and Technology (NIST) is requesting information about the level of awareness of and initial experiences with its Framework for Improving Critical Infrastructure Cybersecurity throughout critical infrastructure organizations. The Framework, directed by Executive Order 13636 ‘‘Improving Critical Infrastructure Cybersecurity’’ and released on Feb 12, 2014, consists of standards, methodologies, procedures, and processes that align policy, business, and technological approaches to address cyber risks.

Responses to the RFI will inform NIST’s planning and decision-making about possible tools and resources to help organizations to use the Framework more effectively and efficiently. They will also help inform future versions of the Framework. The responses will also inform the Department of Homeland Security’s Critical Infrastructure Cyber Community C³ Voluntary Program. In addition, NIST is interested in receiving comments related to the Roadmap that accompanied publication of the Framework. All information provided will also assist in developing the agenda for a workshop on the Framework being planned for October 29-30, 2014.

The RFI poses nine questions on the current level of industry awareness of the framework among companies as well as regulators, and on the challenges to raising awareness. It asks 10 detailed questions on experiences so far with using the framework and three questions on NIST’s roadmap for further development.

Comments must be received by 5:00 p.m. Eastern time on October 10, 2014.

http://www.gpo.gov/fdsys/pkg/FR-2014-08-26/pdf/2014-20315.pdf

Homeland Security

Senate Hearing on Militarization of Local Police Departments

The Senate Homeland Security and Government Affairs Committee (HSGAC) will hold a hearing on the militarization of local police departments on Sept. 9 at 10:30 am. The hearing, “Oversight of Federal Programs for Equipping State and Local Law Enforcement,” is being held in response to events in Ferguson, MO and will be co-chaired by HSGAC Chairman Sen. Tom Carper (D-DE) and Sen. Claire McCaskill (D-MO), Chairwoman of the HSGAC Subcommittee on Financial & Contracting Oversight.

DHS Science and Technology Request for Comments

DHS Science and Technology (S&T) Under Secretary, Dr. Reginald Brothers, posted a blog this week seeking input on S&T’s visionary goals, which are:

1. Screening at Speed: Matching the Pace of Life
2. A Trusted Cyber Future: Protecting Privacy, Commerce, and Community
3. Enable the Decision Maker: Providing Actionable Information Ahead of Incident Speed
4. Responder of the Future: Protected, Connected, and Fully Aware

These goals are based on the policies and priorities in the 2014 Quadrennial Homeland Security Review.

Under Secretary Brothers posed these questions in his blog, “Based on what we know of today’s homeland security environment, what do you think the future will look like in 20 to 30 years? What should S&T plan to tackle now to ensure the nation is more resilient and secure in the future?” Brothers asked commenters to:

• Provide insights into each of the proposed visionary goals.
• Add new visionary goals for consideration.
• Share ideas and perspectives and comment on others’ ideas.

All comments provided during this comment period will be reviewed by the working group and incorporated, where possible, into the final S&T Visionary Goals – to be released in early Fall.

The S&T Collaboration Community site will be open for comment through Sept. 7, 2014.

Political Updates

US Chief Technology Officer (CTO) Todd Park announced this week that he is stepping down from the job by the end of the year. Park was the second CTO in history following Aneesh Chopra in March 2012. Park is not leaving the administration, but instead plans on focusing on recruiting top tech talent for the federal government from Silicon Valley, a source familiar with the matter told FCW. While Megan Smith, most recently the vice president of the Google X lab, is said to be a top contender for Park’s job, both Google and the White House have so far refused comment.

Tennessee state Sen. Jim Tracy decided this week not to contest the results of the Aug. 7 Republican primary in the state’s 4th District. Tracy had challenged Rep. Scott DesJarlais (R-TN) in the primary losing by just 38 votes. DesJarlais will be the clear favorite in the general election as Mitt Romney carried the district with 65% of the vote in 2012.

The President nominated Russell Deyo to be Under Secretary for Management at the Department of Homeland Security (DHS) and Sarah Saldaña to be Assistant Secretary for Immigration and Customs Enforcement at DHS. Deyo retired from Johnson & Johnson in 2012 after 27 years of service during which he held a number of positions, including Vice President, General Counsel, and as a member of the Executive Committee. Saldaña is the United States Attorney for the Northern District of Texas, a position she has held since 2011. She also serves as a member of the Attorney General’s Advisory Committee. Previously, she was the Deputy Criminal Chief for the Fraud and Public Corruption section of the Office of the U.S. Attorney for the Northern District of Texas.

Next Week

The House and Senate are in recess until the week of September 8.

August 22, 2014

The House and Senate were in recess this week.

FY15 Appropriations

House and Senate Appropriators are preparing a continuing resolution (CR) that would likely fund the government through November/December. If Republicans take control of the Senate in the November elections, Appropriators may opt to punt their FY15 work until next year with another CR that could fund the government through April 2015.

Defense

The Government Accountability Office (GAO) issued a Decisions and Opinions of the Comptroller General this week stating that the Department of Defense (DOD) violated section 8111 of the FY14 Department of Defense Appropriations Act when it transferred five individuals detained at Guantanamo Bay, Cuba, to the nation of Qatar without providing at least 30 days notice to certain congressional committees. Section 8111 prohibits DOD from using appropriated funds to transfer any individuals detained at Guantanamo Bay unless the Secretary of Defense notifies certain congressional committees at least 30 days before the transfer. GAO also found that as a consequence of using its appropriations in a manner specifically prohibited by law, DOD also violated the Antideficiency Act because $988,400 was spent to transfer the detainees.

Political Updates

Democrats in Montana on Saturday chose their replacement candidate for US Senate after Sen. John Walsh (D-MT) dropped out of the race amid plagiarism allegations from his time at the US Army War College. State Rep. Amanda Curtis was chosen to face Rep. Steve Daines (R-MT) in the November election. Curtis is a first-time representative from Butte and a high school math teacher.

The special Democratic Senate primary was held in Hawaii on Aug 9 but two storm-ravaged precincts on the Big Island were not able to cast their ballots after a hurricane descended on Hawaii and the election was too close to call. Rep. Colleen Hanabusa (D-HI), a member of the House Armed Services Committee, challenged Sen. Brian Schatz for the nomination. Schatz was appointed by Governor Neil Abercrombie to replace the late US senator and president pro tempore Daniel Inouye after his passing in 2012. Schatz edged out Hanabusa in the primary and now faces Republican Cam Cavasso, who’s seeking the seat for the third time, in the general election this fall. Schatz holds seats on the Senate Commerce, Energy & Natural Resources, and Indian Affairs Committees.

Republicans in Alaska chose Dan Sullivan, the former state natural resources chief and attorney general, to be the Republican to challenge Sen. Mark Begich (D-AK) this November. Sullivan beat out tea party candidate Joe Miller and Lieutenant Gov. Mead Treadwell.

Former Vermont US Senator James Jeffords passed away on Monday. Jeffords was originally registered as a Republican, but frequently voted with Democrats on matters such as health care, taxes, abortion, gay rights, gun control and the environment. He declared himself an Independent in 2001 giving Democrats the majority in the US Senate.

Defense Secretary Chuck Hagel chose his former Senate aide, Rexon Ryu, to be his new chief of staff. Ryu, who was also a deputy to Susan Rice and Samantha Power, will replace Mark Lippert, nominated to be ambassador to South Korea.

Nicole Wong, Deputy Chief Technology Officer at the White House Office of Science and Technology Policy (OSTP) has left her position to return to California. Wong played a large role in the administration’s recent big data initiatives. She was also in charge of leading privacy and internet policy initiatives at OSTP.

Bob Brese, the Energy Department’s chief information officer, announced this week that he is leaving government after almost 30 years. Brese’s last day will be Sept 5. While he plans to join the private sector, he did not mention where he was going next. Don Adcock will be the interim CIO when Brese leaves. Adcock came to Energy in April 2012 after spending more than two years as the executive director of the Army IT Agency.

Former House Majority Leader Eric Cantor (R-VA) left Congress earlier this week after announcing his resignation plans earlier this month.

Lauren Claffey, current spokesperson for Sen. Saxby Chambliss and the Senate Intelligence Committee, is taking over as communications director for the House Homeland Security Committee after Labor Day. Chambliss is retiring at the end of this year.

Next Week

The House and Senate are in recess until the week of September 8.

August 15, 2014

The House and Senate were in recess this week. The President was on vacation in Martha’s Vineyard.

FY15 Appropriations

With the end of the fiscal year rapidly approaching and the House and Senate scheduled to be in session only 10 (House)/12 (Senate) days Congress may need to pass a continuing resolution (CR) to keep the government open after Sept 30. Senate Appropriations Chairwoman Barbara Mikulski (D-MD) still wants to attempt to pass an omnibus spending bill using the FY15 Military Construction-VA spending bill as the vehicle.

In the meantime, other lawmakers are contemplating a CR that would run through December 12. Since the bill is a “must-pass” bill, it could become a vehicle for other measures such as reauthorization of the EXIM Bank and the Internet Tax Freedom Act as well as emergency funding for the border and legislation targeting tax inversions.

Political Updates

The special Democratic Senate primary was held in Hawaii last Saturday but it is still too close to call. Rep. Colleen Hanabusa (D-HI) challenged Sen. Brian Schatz for the nomination. Schatz was appointed by Governor Neil Abercrombie to replace the late US senator and president pro tempore Daniel Inouye after his passing in 2012. Residents in two storm-ravaged precincts on the Big Island were not able to cast their ballots after a hurricane descended on Hawaii. The state’s Office of Elections decided on Monday to hold the special election for the two precincts today. Hanabusa filed suit claiming that residents in those two precincts are still without power, but a judge denied her request. Hanabusa currently trails Schatz by 1,635 votes.

In Minnesota, former state Rep. Tom Emmer defeated Anoka County Commissioner Rhonda Sivarajah in Tuesday’s GOP primary for the 6^th Congressional District. Rep. Michelle Bachmann (R-MN) is retiring at the end of this Congress. Emmer is the favorite in the race in November as the seat is solidly Republican.

Next Week

The House and Senate are in recess until the week of September 8.