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Weekly WHAT: C.R.E.A.M. version

By Yejin Jang posted Dec 18,2015 01:00 PM

  

[Don't get the C.R.E.A.M. reference?  Click here.] 

Congress passes omnibu$ - Cybersecurity highlighted in DHS budget

Today, the House and Senate passed the Consolidated Appropriations Act of 2016 (“omnibus”), H.R. 2029 before the newest continuing resolution (H J Res 78) expires on December 22, 2015.

Of particular interest to NASCIO members, the omnibus funds the President’s request for cybersecurity at $819 million, an increase of $66 million above the FY2015 enacted level. The omnibus also provides $100 million new dollars to enhance DHS’ computer systems and bolster network security.

Additionally, Congress is requesting that DHS’ National Protection and Programs directorate (NPPD): 

  • Upon release of the National Cybersecurity Review, NPPD is directed to develop a strategic plan on how best to work with state and local leaders on cybersecurity. The strategic plan should address how federal, state, and local partners work together 
  • Improve the process by which it notifies congress of cyber-incidents 
  • Implement metrics in National Cybersecurity and Communications Integration Center’s (NCCIC) programs 
  • Coordinate with MS-ISAC and its customers on the rationale and timeline for establishing a cost-share plan 

The omnibus also provides $272 million for OPM and OPM’s Inspector General, which represents a $132 million or 94 percent increase from FY2015 enacted levels. $21 million is provided for OPM’s cybersecurity needs. The omnibus also provides identity protection coverage for 10 years and identify theft insurance in the amount of $5,000 for individuals affected by the OPM breaches.

For those in need of holiday reading material:

Cybersecurity bills included in omnibu$

As expected, the Cybersecurity Information Sharing Act (CISA) was included in the omnibus package as were several other cybersecurity-related legislation. Specifically, the omnibus includes the “Cybersecurity Act of 2015” which combines CISA, and measures like the Federal Cybersecurity Enhancement Act of 2015 (Division N, title II, Subtitle B), the National Cybersecurity Protection Advancement Act (Division N, Title II, Subtitle A) and the Federal Cybersecurity Workforce Assessment Act of 2015 (Division N, title III).  Of these measures, CISA and the National Cybersecurity Protection Advancement Act have direct ties to state government. 

CISA would allow states to receive and share cyber threat information with DHS and its private industry partners. Information that is shared with states would not be subject to state disclosure laws. The National Cybersecurity Protection Advancement Act (included in the omnibus as “National Cybersecurity Protection Advancement Act of 2015”) directs DHS to coordinate with industry and other stakeholders, including states, to develop capabilities that support and rapidly advance the development, adoption and implementation of automated mechanisms for the sharing of cyber threat indicators and defensive measures.

The other measures relate to the cybersecurity posture of the federal government .

NTIA issues rulemaking on review of FirstNet fee$

On December 15, the National Telecommunications and Information Administration (NTIA) released a rulemaking, “Proposed Scope of NTIA’s Authority Regarding FirstNet’s Fees.”  FirstNet’s authorizing legislation requires FirstNet to be a self-sustaining organization and also requires NTIA to review FirstNet’s fees on an annual basis; fees may only be assess if approved by NTIA.

To give FirstNet the maximum flexibility and agility required in the marketplace, NTIA has proposed a narrow scope of fee review – limiting its review of FirstNet’s fees to: network user fees, lease fees pursuant to covered leasing agreements and fees from entities seeking access to FirstNet’s network or infrastructure. NTIA will not evaluate reasonableness or other subjective attributes and will only examine FirstNet’s self-sustainability required as stated in the Act.  

Again, NTIA will only review fees to determine whether the proposed fees, in the aggregate, will be sufficient (combined with any other fee-based income received by FirstNet) to meet but not exceed FirstNet’s anticipated total expenses. 

NTIA seeks public comment on these proposals.  Comments may be submitted via regulations.gov.  The Deadline to comment is January 14, 2016.

Tax extender$

The Protecting Americans from Tax Hikes Act of 2015, included in the omnibus, would cost roughly $650 billion and would extend several tax breaks, some permanently. Here’s a quick rundown of the HOT ones: 

  • State and local sales tax - permanently extends option to claim itemized deduction for state and local general sales tax instead of itemized deduction for state and local income taxes. 
  • Enhanced child tax credit - permanent $1,000 credit. 
  • Enhanced earned income tax credit - made permanent. For 2009-2017, EITC temporarily increased for those with 3+ children and EITC marriage penalty reduced. 
  • Work opportunity tax credit - extended until 2019.  

With that, legislators and everyone else is town is leaving for the holidays.  Happy holidays to all Weekly WHAT readers and we'll see you in the new year! 

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