In This Issue

Legislation

Stakeholder Activity

Congress practically fled the Capitol in September, recessing for the midterm elections weeks before expected. Lobbyit continued to work issued of importance to NCISS, however, meeting with House and Senate offices to discuss legislation, tracking regulatory and legislative activity, and sending out several NCISS Member alerts.

Legislation

H.R.5091 - Drone Reform Act (Yoho, R-Fl)

Drone Reform Act - Prohibits operations involving the use of an armed unmanned aerial vehicle from being carried out under the authority of federal agency other than the Department of Defense (DOD).

Defines "unmanned aerial vehicle" (UAV) as an aircraft operated without the possibility of direct human intervention from within or on the aircraft, including drones, unmanned aircraft or aerial systems, remotely piloted aircraft or vehicles, remotely operated aircraft, and unmanned aerial vehicle systems.

Authorizes only uniformed members of the Armed Forces to: (1) operate, or order the operation of, an armed UAV; or (2) operate or fire, or order the operation or firing of, any weapon or other munition carried on an armed UAV.

Subjects the operation and use of armed UAVs to the requirements of laws applicable to the Armed Forces.

Prohibits this Act from being construed to: (1) limit or expand the authority of a component of the federal government to provide intelligence to the DOD, or (2) create or expand any authority for the federal government to kill any person.

S.1639 - Drone Aircraft Privacy and Transparency Act of 2013 (Markey, D-Ma)

Drone Aircraft Privacy and Transparency Act of 2013 - Amends the FAA Modernization and Reform Act of 2012 to direct the Secretary of Transportation (DOT) to study and identify any potential threats to privacy protections posed by the integration of unmanned aircraft (drone) systems into the national airspace system, including any potential violations of privacy principles.

Prohibits the Secretary from approving, issuing, or awarding any certificate, license, or other grant of authority to operate a drone system in the national airspace system unless the application for it includes a data collection statement, meeting certain requirements, that provides reasonable assurance that the applicant will operate the dronesystem in accordance with privacy principles.

Applies the same privacy principles requirement to any drone system to be operated by a law enforcement agency or a law enforcement agency contractor or subcontractor, except that the application for it shall include a data minimization statement, meeting certain requirements, instead of a data collection statement.

Creates a private right of action in state or U.S. district court for persons injured by a prohibited act.

H.R.2868 - Drone Aircraft Privacy and Transparency Act of 2013

Drone Aircraft Privacy and Transparency Act of 2013 - Amends the FAA Modernization and Reform Act of 2012 to direct the Secretary of Transportation (DOT) to study and identify any potential threats to privacy protections posed by the integration of unmanned aircraft (drone) systems into the national airspace system, including any potential violations of privacy principless.

Directs the Secretary to establish certain procedures to allow for civil operation in the national airspace system of small drone systems that do not meet expedited operational authorization requirements. Requires such procedures to ensure that the integration of drone systems into the national airspace system is done in compliance with privacy principles.

Prohibits the Secretary from approving, issuing, or awarding any certificate, license, or other grant of authority to operate a drone system in the national airspace system unless the application for it includes a data collection statement, meeting certain requirements, that provides reasonable assurance that the applicant will operate the dronesystem in accordance with privacy principles. Applies the same privacy principles requirement to any drone system to be operated by a law enforcement agency or a law enforcement agency contractor or subcontractor, except that the application for it shall include a data minimization statement, meeting certain requirements, instead of a data collection statement.

S 1737/HR 1010

- Minimum Wage Fairness Act, Harkin (D-La). S 1737 was introduced on 11/19/13 and placed on the Senate Legislative calendar (bypassing committee).

The bill would provide for an increase in the federal minimum wage progressively from $8.20/hr for the first 6 months, $9.15/hr six months later, then $10.10/hr the following year.

Many NCISS member security companies would be harmed by an increased minimum wage requirement, and would be forced to curtail the number of jobs offered.

HR.1755/S. 815

- Employment Non Discrimination Act of 2013 (ENDA), Sen. Merkley (D-WV) S. 815 passed the Senate and is under consideration in the House, where it was referred to five separate committees.

This legislation would ban employers from firing, refusing to hire or discriminating against workers or job applicants based on their sexual orientation or gender identity.

ENDA would make it increasingly difficult and expensive to terminate problem employees, offering them another path for vexatious litigation.

National Labor Relations Board (NLRB) -- The "Ambush" Rule

On March 11, 2014, the NLRB proposed new regulations that would radically change the process for union representation elections, effectively shortening election time frames and limiting employees' opportunity to hear from employers before making a crucial workplace decision. The shorter the election, the less time employers and employees have to communicate about the impact of unionization or about a specific union attempting to organize the workplace.

The proposed rule is based on a false premise, violates employer speech rights, and denies employees the ability to make an informed decision about representation.

S. 2025

"The Data Broker Accountability and Transparency Act," by Sen. Rockefeller (D-WV).

S. 2025 contains a prohibition of "pretexting" by data brokers, prohibiting "obtaining or solicitation to obtain personal information by false pretenses." While it is unclear if the definition of data broker would extend to PIs, prohibiting the use of pretexting by PIs would deprive them of a valuable and necessary tool.

Using false pretenses to acquire information for illegal purposes is already itself illegal. PIs use a variety of "benign" pretexts to gather information or identify individuals for numerous legitimate reasons, including identifying "deadbeat" parents, locating debtors, finding defense witnesses, investigating fraud, locating hidden assets and ill-gotten gains, etc.

Congress must insure that private investigators are not swept into the definition of data brokers, and should include a specific statutory exemption.

HR 1312/S 639

"The Geological Privacy and Surveillance Act," by Representative Jason Chaffetz (R-UT) and Senator Ron Wyden (D-OR). The legislation would require consent of the subject when using of GPS technology for tracking individuals.

NCISS opposes the legislation. The use of the devices for surveillance significantly reduces accident risk during lawful surveillance.

HR 645

"Equal Employment for All Act," by Rep. Steve Cohen (D-TN.) Would prohibit current or prospective employers from using a consumer credit report for either employment purposes or for taking adverse employment actions.

Stakeholder Activity

Before Congress recessed for the election in September, there were several developments of importance to NCISS members, including House hearings on EEOC-related legislation, potential action on FISA reform (USA Freedom Act), and OSHA's issuance of a final "workplace injury" rule requiring new workplace injury reporting requirements.

Lobbyit composed Member Alerts on each of these issues in Constant Contact for distribution.

With respect to FISA reform, Lobbyit met with counsel on the Senate Judiciary Committee (Majority) to discuss NCISs concerns relative to "pretexting," as well as limitations on surveillance techniques engaged in by non-state actors.

Based on Congressional concerns about the use of drones by private individuals, Lobbyit wanted to ensure that the Judiciary Committee had no interest in slipping such restrictions into any legislation limiting the ability of the National Security Agency (NSA) to conduct various types of surveillance.

Lobbyit learned of efforts by certain privacy and civil rights groups to include such provisions in the USA Freedom Act, and moved to blunt such action.

Committee staff ensured us that such measures were outside the scope of the current legislation, and they didn't have enough information on the drone matter to be comfortable legislating it at this point.

Nor did they intend to include bans on pretexting in the Freedom Act. Lobbyit explained how pretexting was an essential investigative tool against nefarious activity, and the Committee indicated that they understood, even though they stated such activity was "unseemly".

As the 113th Congress winds to a close, numerous pieces of legislation see their way to passage without much of a public airing, so Lobbyit is in the process of meeting with congressional offices to ensure such action does not include provisions odious to NCISS members.

Provided for NCISS by ...

Please contact Francie Koehler for questions or issues regarding private

investigators and Brad Duffy re the same for security professionals. We hope this three-day holiday honoring Columbus Day or Indigenous People's Day (depending on your location) finds you properous and in good health.

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

Permission granted to repost

Until next month,

Lobbyit.com