NCISS Monthly Report from Lobbyit

In This Issue

State Advocacy Monitoring

Stakeholder Activity

Legislation

The month of August was the quietest month Lobbyit has seen in DC in recent memory. With the departure of both parties or their respective conventions in mid-July, the city practically emptied, guaranteeing shorter commutes, less lines, and dinner reservations on a moment's notice.

Despite this pronounced lull, Lobbyit continued to engage with important offices to press our agenda items and ensure that staff was fully conversant with our issues and positions. In particular, Lobbyit met with House Financial Services Committee staff and House Judiciary to discuss HR 5282, The Comprehensive Consumer Credit Reporting Reform Act of 2016 (Waters, D-CA-43).

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 or your NCISS Legislative Chairs, Francie Koehler or Brad Duffy.

Stakeholder Activity

Generally (as we're sure you already know), much of the end-game for CY 2016 revolves around the results of the election. In the run up to the election, however, certain things are indeed clear. First, Congress will need to pass a continuing resolution (CR) by the end of FY 2016 (or September 30) to fund government for at least some interim period until they decide on a course of action for funding government for the remainder of FY 2017.

Members of Congress will be out for the entire month of October campaigning, and were due to return for two weeks of legislative business in November, with another additional two weeks in December. Recent conversations with leadership, however, have cast doubt on this schedule. Now, both House and Senate leaders are considering not coming back into session at all in November, and postponing action on a full funding bill until mid-December. Further, some recent conversations with Members have revealed that a CR in the beginning of January is also under active consideration, though Congress would still, at minimum, have to negotiate the contours of an omnibus funding bill in December, to take effect in January.

Despite this seemingly huge gap in activity in DC, with Members in all corners of the country focusing on the election, now until the end of CY 2016 is actually an absolutely critical period for legislative business. While Members will be traveling, campaigning, fundraising, etc., staff will be in DC working hard to iron out differences on a slew of matters, with compromises being reached daily, and language being readied for quick passage once Congress reconvenes.

Fortunately, legislation of concern to NCISS and our members does not appear to be on the agenda for immediate action in 2016. However, this situation could rapidly change based on the results of the upcoming election. In fact, given recent action taken by such entities as the Equal Employment Opportunity Commission (EEOC) and Office of Personnel Management (OPM) on the use (or prohibition of the use) of credit histories in hiring decisions, if the Democratic party were to take the White House (especially if, in conjunction, they take a Senate majority), then legislation of concern on a number of matters important to NCISS could quickly become part of the agenda. In August, Lobbyit focused particularly on HR 5282, The Comprehensive Consumer Credit Reporting Reform Act of 2016 (Waters, D-CA-43).

The Comprehensive Consumer Credit

Reporting Reform Act of 2016

While the bill appears to focus primarily on the responsibilities of credit reporting agencies, sharp-eyed NCISS members (big thanks to Ed McClain) identified a number of provisions of significant concern to private investigators (PI) and security services.

First, per Title II, the use of credit reports in making employment decisions except in a National Security investigation or where required by "Federal, State, or local law or regulation". Sec. 201(A)(5).

Moreover, individuals seeking a credit report would require to specifically cite the law or regulation permitting them to seek such information. Id.

Second, per Title 4, the following limitations would be built into credit reports going forward:

1) The time limit on reporting bankruptcies would be shortened from ten (10) years to seven (7);

2) Civil suits and judgments reporting would be limited to four years, nothing longer;

3) Criminal conviction records could only be reported for four years;

4) Collections, liens and judgments could only be reported for four years; and

5) Additional reporting limitations on and remedies for those defaulting on non-Federal student loan debt, and "predatory" consumer and mortgage lending.

As NCISS covered extensively in our July comment to OPM in response their "banning the box" in Federal hiring decisions (included in July's monthly report), such data is important to our ability to protect our clients' interests.

We discussed our concerns with House Financial Services and House Judiciary (while the bill was referred to Financial Services (FS), the content of the bill provides Judiciary with limited concurrent jurisdiction), and obtained from them a general outlook on the bill.

While they agreed such legislation is unlikely to go anywhere in this Congress, the election could completely change the story. House committee staff indicated that Senate committee staff (minority) were already drafting language for 2017, and that such legislation was on their wish list for action should the Senate change hands.

Neither committee is favorably inclined toward the legislation, and indicated that they would appreciate our assistance fighting it going forward should conditions on the ground change. We discussed NCISS members acting as witnesses during potential public hearings next year, and they indicate that this would help.

In addition, NCISS is now in the process of composing a detailed, substantive rebuttal to this bill, and will soon post materials on our Advocacy Hub so that NCISS members around the country can reach out to their elected representatives to communicate their concern and opposition.

Expect more on this in the very near future!

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