February 2016 NCISS Monthly Report from Lobbyit

In This Issue

State Advocacy Monitoring

Stakeholder Activity

Legislation

In the month of February, Lobbyit arranged a phone call with Eric Ellman, Senior Vice President, Public Policy and Legal Affairs, Consumer Data Industry Association (CDIA) to discuss difficulties private investigators are having in acquiring credit histories, met with Senator Toomey's staff to discuss reintroduction of the Security Officer Screening Improvement Act (SOSIA), met with Senate Commerce Committee staff to discuss FAA reauthorization, drones, and data broker legislation, and met with staff for Senator Grassley's staff to discuss NCISS's Hit The Hill

State Legislation Advocacy Monitoring (SLA M)

Lobbyit has set up NCISS's "state-level" tracking and continues to identify hundreds of bills in 30 active states. The most important, by state, are below.

To view bills impacting private investigators, private patrol operators, or security guards in your state, go to w ww.NCISS.org to the Advocacy Hub (direct link http://goo.gl/QSCcgc) and follow the State Legislation link (direct link http://goo.gl/RPcv0W).

You can search alphabetically by State or click on your state on the United States map provided at the top of the page (current example above). If your state is not listed, it means that your state was either not in session or there were no bills introduced that met our search parameters. If you know of a bill in your

state that we need to become aware, please contact your Regional Director.

Stakeholder Activity

Federal Aviation Administration (FAA) Reauthorization in the House - Unmanned Aerial Vehicles

In early February, House Transportation and Infrastructure Committee Chairman Bill Shuster (R-Pa.), and Rep. Frank LoBiondo (R-N.J), Chairman of the Aviation Subcommittee, introduced H.R. 4441 - The 2016 FAA Reauthorization Act, or "The Aviation Innovation, Reform, and Reauthorization (AIRR) Act," a six-year reauthorization of the FAA which includes guidance to the FAA concerning drone regulation

The Committee is frustrated with the FAA's tardy response to drone regulation, stating:

The FAA Reform and Reauthorization Act of 2012 contained provisions directing the FAA to take steps toward safely integrating UAS into the NAS by September 2015. Among other things, Congress directed the FAA to create test ranges and regulations for UAS. However, the FAA has not yet fulfilled its mandate. As a result, major U.S. companies have taken some of their early UAS research and development activities to other countries because FAA regulations are too burdensome.

The AIRR Act provides "additional tools and flexibility" for the FAA to integrate drones into the NAS and to "foster innovation in this growing and rapidly evolving industry."

The AIRR Act would require the FAA to:

1. Create a risk-based permitting process for operations. Other regions, such as Europe and China, have adopted risk based systems for drone regulations. Putting drones into risk categories might allow those industries designated as "low risk" - like flying an agricultural drone over an open field in a remote location - to enjoy a streamlined certification process. (The FAA's deadline to develop this process this is 120 days after enactment.)

2. Make greater use of the six FAA drone test sites, to further innovation and to encourage the faster development of sense-and-avoid technology. The FAA has teamed with NASA and industry stakeholders to work on testing sense-and-avoid technology as well as air traffic control systems, but they have not allowed enough testing on these sites to allow for quick adoption of new technologies. These test sites are the US equivalent of Japan's "deregulation zones," areas where drone technology can be tested even if it would otherwise be prohibited. The act calls for the FAA to "permit and encourage" use of the sites.

3. Create a streamlined approach to permitting small drones for "certain uses." This is an expanded effort to push more applications for drone use through the system, and allows for a system of waivers in certain circumstances, such as some drones used by public entities.

4. Conduct a pilot program evaluating UAS "detection and mitigation technology." With drone mitigation technologies ranging from the Batelle anti-drone rifle to Europe's trained drone-killing eagles, the AIRR Act calls for a pilot program of 3 airports to test the options. The program's goal is to evaluate technology that will find rogue drones, identify their operators, and mitigate the drone's operations.

5. Facilitate the use of UAS for firefighting. With growing proof of drones usefulness in firefighting and disaster recovery, public agencies should be able to access the technology quickly and easily. This section would provide for the FAA to collaborate with the Secretary of the Interior and the Secretary of Agriculture in order to expedite permitting of firefighting drones.

6. Direct the U.S. Department of Transportation (DOT) inspector general to assess the FAA's registration process and require the FAA to assess compliance with and effectiveness of the system. With criticism coming from all sides on drone registration, and both the legality and the utility of the system in question, an independent assessment may help to get the registration program either changed, or accepted.

7. Establish a government-industry advisory committee on a low-altitude UAS traffic management system (UTM). Industry players such as Amazon have proposed different versions of this; a committee might help the FAA to get some system implemented more quickly to enable drone delivery and other applications. Several solutions have been proposed and even tested; but the FAA has yet to choose one. The Act gives them a deadline of 90 days to put together a committee and 1 year to deliver a report.

8. Direct the DOT to conduct a study on the privacy implications of UAS. As state and local governments consider a myriad of drone regulations to address the public's concern over privacy, this is a timely issue. Clear federal regulations on the point may mean that state and local governments are less tempted to rush drone legislation to the table.

The Senate is expected to unveil their version of FAA reauthorization in the coming days. It is not expected to contain provisions privatizing America's Air Traffic Control system, a central part of the Shuster bill.

Security Officer Screening Improvement Act (SOSIA)

Last year, NCISS endorsed Senator Toomey's bill, S. 2647, the Security Officer Screening Improvement Act of 2014 (SOSIA).

SOSIA would enhance public safety by establishing a Federal entity where security service companies could go to obtain FBI background investigations on current and prospective employees. Currently, such background information is acquired through the various states, which have inconsistent and often incomplete records.

The result is that individuals with criminal charges from other jurisdictions might slip through a state-based background check. This is especially problematic for security companies, as our employees are often in positions of authority, and it must be ensured that such individuals are worthy of the public trust.

Unfortunately, SOSIA dies in the last Congress without being enacted.

On February 10, Senator Pat Toomey (R-Pa) introduced S.2534 - "A bill to amend the National Child Protection Act of 1993 to establish a permanent background check system for private security officers." While the name has changed, it is essentially the same legislation, in key part expanding the availability of FBI checks for private security officers.

NCISS met with Sen. Toomey's staff to discuss the bill, and they were encouraged that the Senate Judiciary Committee would take up the bill sometime in the first half of the year.

We indicated that a formal letter of endorsement would soon be forthcoming, and that NCISS members would use Hit The Hill meetings as a way to solicit cosponsors.

Credit Reports - Eric Ellman Conversation

2016 is not the first year that NCISS members have had difficulty obtaining information on credit reports.

In the past, NCISS has spoken with Mr. Ellman, who is the head of public policy for the trade association representing the big credit agencies, and he has been able to navigate the problem and restore our access to these records.

We spoke with Mr. Ellman in February concerning our recent difficulties, but he was neither aware that it was again happening, not knew the reasons for the change.

He was going to speak with his membership to determine the source of the problem, and we will speak with him again in the coming days to learn next steps.

We will be following up with him soon.

Legislation

S.2534 - "A bill to amend the National Child Protection Act of 1993 to establish a permanent background check system for private security officers."

Introduced by Senator Toomey

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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 ...

...until next month!

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