In This Issue
In the month of August, Lobbyit took advantage of the lull in legislative activity to discuss future plans for action on Senator Toomey's Security Officer Screening Improvements Act (SOSIA) with allied parties, including Steve Amitay, Executive Director of the National Association of Security Companies (NASCO).

Security Officer Screening Improvements Act -- SOSIA

As is the custom in the Nation's capital, Congress recessed in late July for a five week break, returning to legislative business the week after Labor Day.  The Senate stuck around for an additional week to consider judicial nominations, and attend to assorted other business. 

As is also the norm, a great deal of important congressional business has been deferred, stacking up for action prior to the conclusion of 2017, including funding the government and raising the debt ceiling.   In addition to this "must pass" legislation, the Trump Administration announced that it wanted to get tax reform completed by the end of the year.  Hurricane Harvey's arrival in Houston in late August added a significant relief package to this mix.

Despite the seeming gridlock on the Hill, however, staff continue to do an incredible amount of work out of the public eye to line up bills for completion by the end of the year.  A good example of this is the Child Protection Improvements Act (CPIA).  CPIA would make the FBI's fingerprint-based background checks available to organizations serving vulnerable populations -- i.e. children, the elderly, and individuals with disabilities - for employee screening purposes. 

NCISS members will recall that, little over two months ago, NCISS/Lobbyit explored the idea of adding security service personnel to CPIA, consonant with Senator Toomey's Security Officer Screening Improvements Act (SOSIA) - legislation enabling employers of security officers to obtain FBI background checks on their officers where FBI background checks are not performed by relevant state authorities.

When last queried on the topic, the Senate Judiciary Committee indicated that it had not received Member inquiries about CPIA, and had no action planned.  This situation changed in the interim, however, and NCISS learned that Senate Judiciary planned to vote on CPIA soon after their return to DC in the opening of September.

CPIA passed the House earlier in the year.  If the Senate were to amend CPIA to include security officers, the different versions of the bill would have to be "conferenced" between the two chambers, or the House would have to pass the modified version.

Based on conversations both NASCO and NCISS had with Senator Toomey's and Senator Hatch's offices (Hatch being the primary Senate GOP sponsor of CPIA), we learned that neither the committee nor the Members' offices had any stomach to alter CPIA in the Senate.

That CPIA was slated for action in the Senate, however (likely paving the way for passage in 2017), does present a path forward for SOSIA or SOSIA-like legislation in the Senate Judiciary Committee.  

Chairman Grassley's prior objection to CPIA based on concerns about overloading the FBI (a concern applied to SOSIA, as well) would be nullified by CPIA's passage through the committee under Grassley's leadership. 

As such, Senate Judiciary's passage of CPIA (occurring on Sep. 7) provides an opportunity for NCISS to work together with NASCO to move SOSIA forward in the committee.

In the month of September, NCISS and NASCO will be sitting down with Chairman Grassley's new counsel on the issue to fully explore how we might accomplish this goal



Legislation
 
S. 395 - GPS Act
 
Representative Michael T. McCaul (R-TX) introduced the One in, One out Act in the House on January 24, 2017. On February 8, 2017, the bill was referred to the Subcommittee on Regulatory Reform, Commercial and Antitrust Law. The bill currently has 13 cosponsors. There have not yet been any amendments to the bill.
 
This bill prohibits a federal agency from issuing a rule that imposes a cost or responsibility on a nongovernmental person or a state or local government unless: (1) such agency has repealed or revised one or more related rules in a way that reduces costs to the regulated entities, and (2) the cost of the new rule is less than or equal to the cost of the rules being repealed or revised.
 
H.R. 387 - Email Privacy Act
 
Representative Kevin Yoder (R-KS03) introduced the Email Privacy Act in the House on January 9, 2017. On February 7, 2017, the bill was received in the Senate and referred to the Committee on Judiciary. The bill currently has 138 cosponsors. 
 
A governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication that is in electronic storage with or otherwise stored, held, or maintained by that service only if the governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that:
 
(1) is issued by a court of competent jurisdiction;
(2) may indicate the date by which the provider must make the disclosure to the governmental entity.
(3) the bill is applicable with respect to any wire or electronic communication that is stored, held, or maintained by the provider.
 
H.R. 923 - To Repeal the Cybersecurity Act of 2015
 
Representative Justin Amash (R-MI-3) introduced the To Repeal the Cybersecurity Act of 2015 on February 7, 2017. On April 25th, 2017, the bill was referred to the Subcommittee on Research and Technology. The bill currently has 5 cosponsors.
 
The Cybersecurity Act of 2015 (division N of Public Law 114-113) and the amendments made by such Act are repealed, and the provisions of law amended by such Act are hereby restored as if such Act had not been enacted into law.
 
H.R. 957 F.A.I.R. Surveillance Act of 2017
Representative Hakeem Jeffries (D-NY-8) introduced the Fourth Amendment Integrity Restoration (F.A.I.R.) Surveillance Act of 2017 on February 7, 2017. On March 9, 2017, the bill was referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. The bill currently has 2 cosponsors. 

This bill specifies that an agreement between a federal and state or local law enforcement agency regarding the acquisition or use of a cell simulator device must require such state or local law enforcement agency to use the device in compliance with the federal agency's guidance and policies.

The term "cell simulator device" means a device that:
(1) simulates a cell tower to provide an electronic communication service, or
(2) functions as a cell tower to locate cellular devices or identify their unique identifiers
 
S. 631 Drone Aircraft Privacy and Transparency Act
Senator Edward Markey introduced the Drone Aircraft Privacy and Transparency Act in the Senate on March 3, 2017. On March 15, 2017, the bill was referred to the Committee on Commerce, Science, and Transportation. The bill currently has 0 cosponsors.

This bill amends the FAA Modernization and Reform Act of 2012 to provide guidance and limitations regarding the integration of unmanned aircraft systems into United States airspace, and for other purposes. The Secretary of Transportation shall establish procedures to ensure that the integration of unmanned aircraft systems into the national airspace system is done in compliance with the privacy principles.

A governmental entity (as defined in section 2711 of title 18, United States Code) may not use an unmanned aircraft system or request information or data collected by another person using an unmanned aircraft system for protective activities, or for law enforcement or intelligence purposes, except pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction, or as permitted under the Foreign Intelligence Surveillance Act of 1978.

H.R. 1526 - Drone Aircraft Privacy and Transparency Act of 2017

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

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