January 16, 2015
The House passed HR 203, the Clay Hunt SAV Act; HR 33, the Protecting Volunteer Firefighters and Emergency Responders Act; HR 185, the Regulatory and Accountability Act of 2015; HR 37, the Promoting Job Creation and Reducing Small Business Burdens Act; and HR 240, the Department of Homeland Security Appropriations Act. The Senate began consideration of S1, the Keystone XL Pipeline Act, and invoked cloture by a vote of 63 to 32. The bill is open to amendment, and, as of today, more than 60 amendments were filed.
White House Announcement on Cybersecurity and Data Breach Notification
Cybersecurity Proposal
President Obama announced a new cybersecurity legislative proposal this week. His bill would enable cybersecurity information sharing between the private sector and the Department of Homeland Security’s National Cybersecurity and Communications Integration Center (NCCIC), which will then share it in as close to real-time as practicable with other relevant federal agencies. The legislation also encourages the formation of private-sector led Information Sharing and Analysis Organizations. The proposal also enhances collaboration and information sharing amongst the private sector.
Legislative Proposal:
Section-by-Section Analysis:
Law Enforcement Proposals
The Administration’s proposal contains provisions that would allow for the prosecution of the sale of botnets, criminalize the overseas sale of stolen US financial information like credit card and bank account numbers, expand federal law enforcement authority to deter the sale of spyware used to stalk or commit ID theft, and give courts the authority to shut down botnets engaged in distributed denial of service attacks and other criminal activity. It also proposes updates to the Racketeering Influenced and Corrupt Organizations Act (RICO) so that it applies to cybercrimes, clarifies the penalties for computer crimes, and makes sure these penalties are in line with other similar non-cyber crimes. Finally, the proposal modernizes the Computer Fraud and Abuse Act by ensuring that insignificant conduct does not fall within the scope of the statute, while making clear that it can be used to prosecute insiders who abuse their ability to access information to use it for their own purposes.
Legislative Proposal:
Section-by-Section Analysis:
Data Breach Notification Proposal
The Administration also updated its proposal on security breach reporting standardizing the existing patchwork of 46 state laws (plus the District of Columbia and several territories) that contain these requirements into one federal statute.
Legislative Proposal:
Section-by-Section Analysis:
Cybersecurity and Consumer Protection Summit
The White House announced that it would host a summit on cybersecurity and consumer protection on February 13, 2015 at Stanford University. The summit will bring together major stakeholders on cybersecurity and consumer financial protection issues – including senior leaders from the White House and across the federal government; CEOs from a wide range of industries including the financial services industry, technology and communications companies; computer security companies and the retail industry; as well as law enforcement officials, consumer advocates, technical experts, and students. Topics at the Summit will include increasing public-private partnerships and cybersecurity information sharing, creating and promoting improved cybersecurity practices and technologies, and improving adoption and use of more secure payment technologies.
Cybersecurity Education Consortium
Vice President Biden and Department of Energy Secretary Ernie Moniz announced on Thursday that the Department of Energy will provide $25 million in grants over the next five years to support a cybersecurity education consortium consisting of 13 HBCUs and two national labs. The program is intended to help to fill the growing demand for skilled cybersecurity professionals in the US job market. The full list of participating consortium members are:
Virginia
Norfolk State University (lead)
Georgia
Clark Atlanta University
Paine College
Maryland
Bowie State University
North Carolina
North Carolina A&T State University
South Carolina
Allen University
Benedict College
Claflin University
Denmark Technical College
Morris College
South Carolina State University
Voorhees College
Charleston County School District
US Virgin Islands
University of the Virgin Islands
California
Lawrence Livermore National Laboratory
New Mexico
Sandia National Laboratories
Homeland Security Appropriations
The House passed the $39.7B Department of Homeland Security appropriations bill this week by a vote of 236 to 191. Five amendments aimed at blocking the President’s immigration executive order were agreed to during consideration of the bill on the House floor. Text of the amendments can be found at:
The inclusion of these amendments containing partisan immigration policy provisions drew a veto threat from the President even though he was supportive of the underlying bill. The Senate is also unlikely to back all of these immigration policy provisions and may not have the 60 votes needed to advance the measure. In addition, the Senate may not take up the measure until the first week of February as they plan to resume consideration of the Keystone XL Pipeline Act next week. The current funding agreement for DHS expires on February 27, 2015 providing five more weeks (both are in recess the week of President’s Day) when the House and Senate are in session before a potential shutdown of DHS. Given the tight timeframe, House Speaker John Boehner (R-OH) has not ruled out the possibility of passing a “clean” DHS spending bill without the immigration amendments.
House FY15 DHS Appropriations Bill Text:
http://docs.house.gov/billsthisweek/20150112/BILLS-114-HR240-IH.pdf
House FY15 DHS Appropriations Explanatory Statement:
http://docs.house.gov/billsthisweek/20150112/114-HR240-ES.pdf
House Armed Services Committee Organization Meeting
The House Armed Services Committee (HASC) met this week to organize for the 114th Congress. HASC Chairman Mac Thornberry (R-CA) offered four committee resolutions that were adopted by the committee during the meeting. One resolution shifted oversight of the military intelligence program to the full committee from the Emerging Threats and Capabilities subcommittee. Chairman Thornberry said that he wants to increase exposure of all committee members to the intelligence community. Thornberry chaired the Emerging Threats and Capabilities subcommittee during the 113th Congress, and has served on the House Intelligence Committee.
Links to the adopted committee resolutions can be found at:
House and Senate Committee Assignments
House Appropriations GOP Subcommittee Assignments
House Appropriations Chairman Hal Rogers (R-KY) announced Republican appropriators subcommittee seats this week, assigning more senior members to the more powerful spending panels. The complete subcommittee roster can be found at:
http://appropriations.house.gov/news/documentsingle.aspx?DocumentID=393934
House Homeland Security Committee (Democrats)
The Ranking Member of the House Homeland Security Committee, Rep. Bennie Thompson (D-MS), announced the subcommittee Ranking Members and the new Democratic membership of the Committee for the 114th Congress.
Subcommittee Ranking Members:
Border and Maritime Security – Rep. Filemon Vela (D-TX)
Counterterrorism and Intelligence – Rep. Brian Higgins (D-NY)
Cybersecurity, Infrastructure Protection & Security Technologies – Rep. Cedric L. Richmond (D-LA)
Emergency Preparedness, Response & Communications – Rep. Donald M. Payne, Jr. (D-NJ)
Oversight and Management Efficiency – Rep. Bonnie Watson Coleman (D-NJ)
Transportation Security – Rep. Kathleen Rice (D-NY)
Homeland Security Committee Democratic Members (12):
Rep. Bennie G. Thompson (D-MS)
Rep. Loretta Sanchez (D-CA)
Rep. Sheila Jackson-Lee (D-TX)
Rep. James R. Langevin(D-RI)
Rep. Brian Higgins (D-NY)
Rep. Cedric L. Richmond (D-LA)
Rep. William R. Keating (D-MA)
Rep. Donald M. Payne, Jr. (D-NJ)
Rep. Filemon Vela (D-TX)
Rep. Bonnie Watson Coleman (D-NJ)
Rep. Kathleen Rice (D-NY)
Rep. Norma J. Torres (D-CA)
House Intelligence Committee
House Speaker John Boehner (R-OH) and Minority Leader Nancy Pelosi (D-CA) announced the appointment of members of the House Permanent Select Committee on Intelligence.
Republicans
Rep. Devin Nunes (R-CA), Chairman
Rep. Jeff Miller (R-FL)
Rep. Mike Conaway (R-TX)
Rep. Peter King (R-NY)
Rep. Frank LoBiondo (R-NJ)
Rep. Lynn Westmoreland (R-GA)
Rep. Tom Rooney (R-FL)
Rep. Joe Heck (R-NV)
Rep. Mike Pompeo (R-KS)
Rep. Ileana Ros-Lehtinen (R-FL)
Rep. Michael Turner (R-OH)
Rep. Brad Wenstrup (R-OH)
Rep. Chris Stewart (R-UT)
Democrats
Rep. Adam Schiff (D-CA), Ranking Member
Rep. Luis Gutiérrez (D-IL)
Rep. Jim Himes (D-CT)
Rep. Terri Sewell (D-AL)
Rep. André Carson (D-IN)
Rep. Jackie Speier (D-CA)
Rep. Mike Quigley (D-IL)
Rep. Eric Swalwell (D-CA)
Rep. Patrick Murphy (D-FL)
Senate Appropriations Committee
Agriculture Subcommittee
Chairman: Jerry Moran (R-KS)
Ranking Member: Jeff Merkley (D-OR)
Commerce, Justice, Science Subcommittee
Chairman: Richard Shelby (R-AL)
Ranking Member: Barbara Mikulski (D-MD)
Defense Subcommittee
Chairman: Thad Cochran (R-MS)
Ranking Member: Richard Durbin (D-IL)
Energy and Water Subcommittee
Chairman: Lamar Alexander (R-TN)
Ranking Member: Dianne Feinstein (D-CA)
Financial Services Subcommittee
Chairman: John Boozman (R-AR)
Ranking Member: Christopher Coons (D-DE)
Homeland Security Subcommittee
Chairman: John Hoeven (R-ND)
Ranking Member: Jeanne Shaheen (D-NH)
Interior Subcommittee
Chairman: Lisa Murkowski (R-AK)
Ranking Member: Tom Udall (D-NM)
Labor HHS Subcommittee
Chairman: Roy Blunt (R-MO)
Ranking Member: Patty Murray (D-WA)
Legislative Branch Subcommittee
Chairman: Shelley Moore Capito (R-WV)
Ranking Member: Brian Schatz
Military Construction Subcommittee
Chairman: Mark Kirk (R-IL)
Ranking Member: Jon Tester (D-MT)
State Foreign Operations Subcommittee
Chairman: Lindsey Graham (R-SC)
Ranking Member: Patrick Leahy (D-VT)
Transportation HUD Subcommittee
Chairman: Susan Collins (R-ME)
Ranking Member: Jack Reed (D-RI)
Senate Armed Services Committee
Senate Armed Services Committee (SASC) Chairman John McCain (R-AZ) named the subcommittee leadership for the committee.
Airland Subcommittee
Chairman: Tom Cotton (R-AR)
Ranking Member: Joe Manchin (D-WV)
Emerging Threats and Capabilities Subcommittee (now including cybersecurity)
Chairman: Deb Fischer (R-NE)
Ranking Member: Bill Nelson (D-FL)
Personnel Subcommittee
Chairman: Lindsey Graham (R-SC)
Ranking Member: Kirsten Gillibrand (D-NY)
Readiness and Management Support Subcommittee
Chairman: Kelly Ayotte (R-NH)
Ranking Member: Tim Kaine (D-VA)
Seapower Subcommittee
Chairman: Roger Wicker (R-MS)
Ranking Member: Mazie Hirono (D-HI)
Strategic Forces Subcommittee
Chairman: Jeff Sessions (R-AL)
Ranking Member: Joe Donnelly (D-IN)
Political Updates
Marilyn Tavenner, the administrator of the federal Centers for Medicare and Medicaid Services, announced today that she is resigning effective the end of February. Tavenner oversaw the rollout of the Affordable Care Act and the federal health insurance marketplace. She joined the administration in February 2010.
Antonio Weiss took himself out of contention to become the Treasury Department’s Undersecretary of Domestic Finance this week asking President Obama to not renominate him for consideration in the new 114th Congress. Weiss’ nomination had drawn criticism from a number of progressive members of Congress including Sen. Elizabeth Warren (D-MA) who thought that Weiss did not have enough regulatory experience. Warren was also concerned that the head of investment banking for Lazard would be too deferential to the finance industry. Instead, Weiss will serve as a counselor to Treasury Secretary Jack Lew, a position that does not require Senate confirmation.
Newly elected Senator Joni Ernst (R-IA) will deliver the Republican response to President Obama’s State of the Union address on Tuesday evening.
The President nominated Alissa Starzak to be General Counsel of the Department of the Army replacing Brad Carson who resigned.
The Republican National Committee set its 2016 convention dates this week. The convention will be held in Cleveland, OH from July 18 to July 21, 2016. These dates are more than a month earlier than the convention that was held in 2012.
Next Week
The House will take up HR 36, the Pain-Capable Unborn Child Protection Act and HR 161, the Natural Gas Pipeline Permitting Reform Act. The Senate will resume consideration of S1, the Keystone XL Pipeline Act.