Review of 2015 & 2016 Projection from Lobbyit

In This Issue

Stakeholder Activity

Legislation

Lobbyit spent December trying to lock down support of the labor-related policy riders in the omnibus appropriations package, including meetings with House and Senate leadership, and speaking with various committee staff to ensure that no unwanted surprises were in the works on bills we've been tracking for NCISS.

Stakeholder Activity

December was an extremely short month, with Congress in session for a total of ten days in the run-up to the Holidays. This brief period of legislative activity focused almost entirely on cobbling together a budget deal to fund the Federal Government -- the "Omnibus" -- for Fiscal Year 2016 (FY2016), and passing other essential legislation such as the tax extender package.

Omnibus

At first, things looked hopeful. The initial version of the omnibus appropriations package included several provisions NCISS was actively working on, including restraints on the implementation of several Department of Labor (DOL) and National Labor Relations Board (NLRB) rules (subjects of earlier NCISS dispatches), as well as a series of other policy "riders," some of which has drawn veto threats from the White House.

In the final analysis, Republicans needed 100 Democrat votes in the House to pass the omnibus, and the Senate would similarly require numerous Democrat defections to pass the funding package. Despite commitments from numerous senior legislators (including the Senate Majority Leader and House Appropriations Chair) the Republican caucus knuckled under, and the vast majority of policy riders were stripped from the bill. The omnibus passed both Chambers with strong majorities.

Outlook for 2016

Looking ahead, Congress has many business matters to attend to in the second year of the 114th Congress, including the reauthorizations of numerous agencies and programs such as the Federal Aviation Administration (FAA - which expires in March of 2016), Child Nutrition and WIC (markup expected in late January), Perkins Career and Technical Education Act (committee staff currently putting together discussion draft), the Higher Education Act (HEA), among others.

In addition, several important committees have signaled their intent to move legislation on some weighty matters, including international tax reform, agreement on a comprehensive Energy Policy Act, a package of provisions to address identity theft and other fraud in the tax system, critical minerals legislation, etc. Fortunately, legislation being tracked by NCISS is not a GOP priority, and has not yet been identified by any Members or committee staff as targets for action (i.e. data brokers, GPS location, gun restrictions, data privacy and pretexting, etc.).

More generally, both House and Senate leadership have committed to a return to "regular order," or what constitutes the regular appropriations process, where each of the 13 appropriations bills is marked up and passed separately by the end of the fiscal year, or September 30.

Given the 2 year budget deal that put money back into the process, and enabled the FY2016 omnibus agreement, Congress stands a better chance of success of this in 2017 than in perhaps the last 15 years.

The Big "If(s)"

Having outlined the above, however, we must introduce some important caveats.

First, the balance of power between the Legislative and Executive Branches remains the same. While the GOP controls both House and Senate majorities, they lack the numbers to overcome a presidential veto. Republicans would need significant Democrat defections to override a veto, a highly unlikely scenario.

In the Senate, the GOP can't even muster enough votes to overcome a filibuster, providing the Democrats enough leverage to stymie anything they don't like. (And as we just saw with the removal of policy riders from the omnibus, this leverage is considerable.)

Second, this is a presidential election year. As such, we can expect high-profile, contentious issues to suck up much of the air (think Planned Parenthood, gun control, the Affordable Care Act, border security and immigration, etc. - and who knows what may pop up in the form of international crises or domestic flash points). While Congress will likely devote significant time to such matters, the White House is on its way out, and has absolutely no incentive to compromise on anything.

Against this backdrop, the GOP (especially the House) will try to move its agenda in the form of policy riders in the appropriations process. While they can likely achieve some smaller ball goals, such efforts will likely result in the process we just witnessed with the FY2016 omnibus - except in the leadup to an election, the voices will be louder and more shrill, with an emphasis on posturing and playing to core constituencies.

So what can we expect? Despite overall legislative gridlock, congressional staff will be working diligently and quietly on the reauthorizations noted above, and will likely be able to iron-out most of the issues which might otherwise stall the measures. As Congress bogs down in other Sisyphean tasks, they typically turn to such matters to keep the ball rolling. As such, Congress will accomplish much, but just not on high-profile, contentious political issues.

Consequently, the devil will surely be in the details. The steady, ongoing work of Congress is typically very quiet, and the legislative process doesn't exactly lend itself to transparency.

There will soon be clearer indications of what Congress will take up in 2016. As of this writing, the committees of jurisdiction have yet to decide on an agenda for 2016 - this is typically discussed in the opening weeks of January. Once our committee contacts have a better idea of their respective agendas, we'll have a much better view of where Congress will be headed, and will better be able to read the tea leaves on how such efforts might pan out.

Another Big IF

As NCISS members are well aware, additional threats to our practice and profession exist in the Executive Branch. Among these are the DOL rules (which are sure to be litigated at length), FAA rules on unmanned aerial vehicles (drones), EEOC rules on background checks, among others.

In fact, it is a safe bet that the focus on NCISS's concerns shift to the Executive Branch, as the current Administration, relieved of worrying about its own political survival, will be emboldened to issue new rules on a variety of matter (pace gun sale restrictions).

Consequently, regular review of the Federal Register will surely identify issues of additional concern to the security service and investigative professions.

Drone Update

About 181,000 consumer drones have been registered with the agency since it implemented the registry system in December.

Still, many more drones remain unregistered: The Consumer Technology Association says 400,000 drones were sold during the 2015 holiday season - quite a bit less than the 1 million figure bandied by the FAA late last year but still a sign of explosive growth in the industry.

Drone owners still have 42 days to register their aircraft. The FAA also publicized a new FAA-sponsored mobile app [1.usa.gov/1ObVB3A]called "B4UFLY": The app is intended to warn drone users about requirements and restrictions, showing alerts like "Proceed with Caution," "Warning - Action Required," or "Flight Prohibited" depending on the user's location and proximity to an airport.

Commercial rules to come: The FAA has authorized more than 3,000 commercial operators to use drones on a case-by-case basis, ranging from movie filming and smokestack inspections to aerial photography and land surveying. The FAA expects to finalize rules for commercial and non-hobbyist drone operations by "late spring of this year."

FAA again misses deadline for small drone rule

The Federal Aviation Administration is again falling behind on deadlines to finalize its rules for commercial use of small drones.

The agency was supposed to deliver the final rule to the DOT Office of the Secretary by Dec. 18 but has yet to do so.

A delay in sending the rule up the pipeline could create a ripple effect, pushing back publication of the final regulation months beyond the current April 29 deadline. Even after FAA sends the rule over to DOT, the Office of Management and Budget still has to give its thumbs up before the regulations can be finalized.

The latest delay comes as drone sales soar - the industry estimates nearly 3 million drones could be purchased in the U.S. this year alone - and Congress mulls its role in regulating the burgeoning industry as part of this year's FAA reauthorization.

The FAA has already blown past orders from Congress that the rule be finalized and small drones be integrated into the national airspace by September 2015.

The FAA had no comment by press time.

Legislation

S 177 -- Data Security and Breach Notification Act

Official Title: A bill to protect consumers by requiring reasonable security policies and procedures to protect data containing personal information, and to provide for nationwide notice in the event of a breach of security.

S 237 -- Geolocational Privacy and Surveillance Act

Official Title: A bill to amend title 18, United States Code, to specify the circumstances in which a person may acquire geolocation information and for other purposes.

S 288 -- National Labor Relations Board Reform Act

Official Title: A bill to amend the National Labor Relations Act to reform the National Labor Relations Board, the Office of the General Counsel, and the process for appellate review, and for other purposes.

S 356 -- Electronic Communications Privacy Act Amendments Act

Official Title: A bill to improve the provisions relating to the privacy of electronic communications.

S 407 -- Large Capacity Ammunition Feeding Device Act

Official Title: A bill to regulate large capacity ammunition feeding devices.

S 498 -- Constitutional Concealed Carry Reciprocity Act

Official Title: A bill to allow reciprocity for the carrying of certain concealed firearms.

S 512 -- The Law Enforcement Access to Data Stored Abroad Act

Official Title: A bill to amend title 18, United States Code, to safeguard data stored abroad from improper government access, and for other purposes.

S 668 -- Data Broker Accountability and Transparency Act

Official Title: A bill to require data brokers to establish procedures to ensure the accuracy of collected personal information, and for other purposes.

S 740

Official Title: A bill to improve the coordination and use of geospatial data.

S 754 -- Cybersecurity Information Sharing Act

Official Title: An original bill to improve cybersecurity in the United States through enhanced sharing of information about cybersecurity threats, and for other purposes.

S 801

Official Title: A bill to amend the National Labor Relations Act to provide for appropriate designation of collective bargaining units.

S 1023

Official Title: A bill to amend the Internal Revenue Code to provide a refundable credit for costs associated with Information Sharing and Analysis Organizations.

S 1027 -- Data Breach Notification and Punishing Cyber Criminals Act

Official Title: A bill to require notification of information security breaches and to enhance penalties for cyber criminals, and for other purposes.

S 1123

Official Title: A bill to reform the authorities of the Federal Government to require the production of certain business records, conduct electronic surveillance, use pen registers and trap and trace devices, and use other forms of information gathering for foreign intelligence, counterterrorism, and criminal purposes, and for other purposes.

S 1158

Official Title: A bill to ensure the privacy and security of sensitive personal information, to prevent and mitigate identity theft, to provide notice of security breaches involving sensitive personal information, and to enhance law enforcement assistance and other protections against security breaches, fraudulent access, and misuse of personal information.

S 1520

Official Title: A bill to protect victims of stalking from violence.

S 1559 -- Pet and Women Safety Act

Official Title: A bill to protect victims of domestic violence, sexual assault, stalking, and dating violence from emotional and psychological trauma caused by acts of violence or threats of violence against their pets.

S 1759 -- Phone Scam Prevention Act

Official Title: A bill to prevent caller ID spoofing, and for other purposes.

HR 47

Official Title: A bill to ensure secure gun storage and gun safety devices.

HR 491 -- Geolocational Privacy and Surveillance Act

Official Title: A bill to amend title 18, United States Code, to specify the circumstances in which a person may acquire geolocation information and for other purposes.

HR 580 -- Data Accountability and Trust Act

HR 612 -- National Right-to-Work Act

Official Title: A bill to preserve and protect the free choice of individual employees to form, join, or assist labor organizations, or to refrain from such activities.

HR 656 -- Online Communications and Geolocation Protection Act

Official Title: A bill to amend title 18, United States Code, with respect to disclosures to governments by communications-related service providers of certain information consisting of or relating to communications, and for other purposes.

HR 689 -- Surveillance Order Reporting Act

Official Title: A bill to permit periodic public reporting by electronic communications providers and remote computer service providers of certain estimates pertaining to requests or demands by Federal agencies under the provisions of certain surveillance laws where disclosure of such estimates is, or may be, otherwise prohibited by law.

HR 699 -- Email Privacy Act

Official Title: A bill to amend title 18, United States Code, to update the privacy protections for electronic communications information that is stored by third-party service providers in order to protect consumer privacy interests while meeting law enforcement needs, and for other purposes.

HR 719 -- TSA Office of Inspection Accountability Act

Official Title: A bill to require the Transportation Security Administration to conform to existing Federal law and regulations regarding criminal investigator positions, and for other purposes.

HR 752 -- Large Capacity Ammunition Feeding Device Act

Official Title: A bill to prohibit the transfer or possession of large capacity ammunition feeding devices, and for other purposes.

HR 791 -- Cell Phone Freedom Act

Official Title: A bill to prohibit the unauthorized remote shut down of a cellular phone.

HR 798 -- Responsible Skies Act

Official Title: A bill to amend the FAA Modernization and Reform Act of 2012 to prohibit the flying of unmanned recreational aircraft near commercial airports.

HR 827 -- Robo Calls Off Phones (Robo COP) Act

Official Title: A bill to direct the Federal Trade Commission to revise the regulations regarding the Do-not-call registry to prohibit politically-oriented recorded message telephone calls to telephone numbers listed on that registry.

HR 950 -- Prohibiting Automated Traffic Enforcement Act

Official Title: A bill to amend title 23, United States Code, to prohibit automated traffic enforcement, and for other purposes.

HR 1385

Official Title: A bill to provide for a legal framework for the operation of public unmanned aircraft systems, and for other purposes.

HR 1431

Official Title: A bill to amend the National Labor Relations Act and the Railway Labor Act to prohibit the preemption of State stalking laws.

HR 1432

Official Title: A bill to amend the National Labor Relations Act and the Railway Labor Act to prohibit the preemption of State identity theft laws.

HR 1560 -- Protecting Cyber Networks Act

Official Title: A bill to improve cybersecurity in the United States through enhanced sharing of information about cybersecurity threats, and for other purposes.

HR 1646 -- Homeland Security Drone Assessment and Analysis Act

Official Title: A bill to require the Secretary of Homeland Security to research how small and medium sized unmanned aerial systems could be used in an attack, how to prevent or mitigate the effects of such an attack, and for other purposes.

HR 1704 -- Personal Data Notification and Protection Act

Official Title: A bill to establish a nation data breach notification standard, and for other purposes.

HR 1731 -- National Cybersecurity Protection Advancement Act

Official Title: A bill to amend the Homeland Security Act of 2002 to enhance multi-directional sharing of information related to cybersecurity risks and strengthen privacy and civil liberties protections, and for other purposes.

HR 1746 -- Truth in Employment Act

Official Title: A bill to amend the National Labor Relations Act to protect employer rights.

HR 1766

Official Title: A bill to amend the Equal Credit Opportunity Act to repeal a small business loan data collection requirement.

HR 1767

Official Title: A bill to amend the National Labor Relations Act to require that lists of employees eligible to vote in organizing elections be provided to the National Labor Relations Board.

HR 1768

Official Title: A bill to amend the National Labor Relations Act with respect to the timing of elections and pre-election hearings and the identification of pre-election issues.

HR 1770

Official Title: A bill to require certain entities who collect and maintain personal information of individuals to secure such information and to provide notice to such individuals in the case of a breach of security involving such information, and for other purposes.

HR 1893

Official Title: A bill to amend the National Labor Relations Act to modify the authority of the National Labor Relations Board with respect to rulemaking, issuance of complaints, and authority over unfair labor practices.

HR 1939 -- No Armed Drones (NADA) Act

Official Title: A bill to amend the FAA Modernization and Reform Act of 2012 to establish prohibitions to prevent the use of an unmanned aircraft system as a weapon while operating in the national airspace system, and for other purposes.

HR 2246

Official Title: A bill to amend chapter 44 of title 18, United States Code, to update certain procedures applicable to commerce in firearms and remove certain Federal restrictions on interstate firearms transactions.

HR 2283

Official Title: A bill to require face to face purchases of ammunition, to require licensing of ammunition dealers, and to require reporting regarding bulk purchases of ammunition.

HR 2909 -- Protecting Firefighters and Promoting Innovation Act

Official Title: A bill to establish an interagency working group to study the use of unmanned aircraft systems for wildland firefighting, and for other purposes.

HR 3025 -- Wildfire Airspace Protection Act

Official Title: A bill to amend title 18, United States Code, to provide a criminal penalty for launching drones that interfere with fighting wildfires affecting Federal property, and for other purposes.

This monthy report is p rovided for NCISS by ...

Please contact Francie Koehler for questions or issues regarding private

investigators and Brad Duffy re the same for security professionals.

Francie Koehler - Investigations -- or -- Brad Duffy - Security

Permission granted to repost

Until next month,