Washington Weekly – January 16, 2015

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:

http://www.whitehouse.gov/sites/default/files/omb/legislative/letters/updated-information-sharing-legislative-proposal.pdf

Section-by-Section Analysis:

http://www.whitehouse.gov/sites/default/files/omb/legislative/letters/information-sharing-legislation-section-by-section.pdf

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:

http://www.whitehouse.gov/sites/default/files/omb/legislative/letters/updated-law-enforcement-tools.pdf

Section-by-Section Analysis:

http://www.whitehouse.gov/sites/default/files/omb/legislative/letters/updated-law-enforcement-tools-section-by-section.pdf

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:

http://www.whitehouse.gov/sites/default/files/omb/legislative/letters/updated-data-breach-notification.pdf

Section-by-Section Analysis:

http://www.whitehouse.gov/sites/default/files/omb/legislative/letters/updated-data-breach-notification-section-by-section.pdf

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:

http://thomas.loc.gov/cgi-bin/bdquery/L?d114:./temp/~bdaxDQA:1[1-5](Amendments_For_H.R.240)&./temp/~bdL4Ys

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:

http://armedservices.house.gov/index.cfm/hearings-display?ContentRecord_id=1430C0E8-390F-4E61-828B-B59035A7E5E5

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.

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