In This Issue

 

In the month of October, Lobbyit met with the Senate Commerce Committee to stay abreast of issues which may arise during the "lame duck" session of Congress, and composed a summary of Supreme Court oral arguments on FTC regulation of state licensing bodies, and a reminder to NCISS members to get engaged on the Advocacy Hub.

Stakeholder Activity

During the month of October, Congress was largely quiet as Members were campaigning vigorously in their State and Districts for the November 4 election. Most senior staff were similarly engaged, trying to ensure that their bosses were victorious, and their jobs protected for at least another electoral cycle.
Despite this lull, Lobbyit continued to maintain communication with important Congressional committees to determine what legislation might be considered during the lame duck and before the 113th Congress comes to an end.


Senate Majority Leader Reid has indicated that he still intends to bring the "USA Freedom Act" to the floor during the lame duck, which is legislation further restricting the government's ability to conduct surveillance and gather information on individuals in the US and abroad (this bill was the subject of an NCISS/Lobbyit issue alert in October).


The Senate Judiciary Committee indicated that Chairman Leahy supports the legislation, and would like to see it addressed this Session, but the primary question is whether the GOP will allow a vote on it, or will choose to push it until next session.


Regardless of whether it passes, sources on Senate Judiciary do not intend for the restrictions to extend to non-state actors, i.e. private investigators. Lobbyit has engaged in active communications with the Committee to ensure that private investigators are not inadvertently included.


Lobbyit also composed an NCISS Issue Alert concerning Supreme Court oral arguments in the case pitting the Federal Trade Commission (FTC) against the North Carolina Board of Dental Examiners. NCISS Members will recall that this case involves an FTC challenge of regulatory overreach by North Carolina's dental licensing board, restricting teeth whitening only to licensed dentists.


NCISS and Lobbyit populated the Advocacy Hub with related correspondence to the FTC, and encouraged NCISS members to raise with the FTC examples of state regulations which served no purpose other than to protect incumbent practitioners. We still encourage NCISS members (and, currently, non-members) to utilize this tool to contact the FTC with appropriate examples, of which we know there are many.


In this same vein, NCISS/Lobbyit composed a Member Reminder in October, encouraging NCISS members to utilize the Advocacy Hub to make your voiced hears. This dispatch included Deen Beers's step-by-step guide to engaging with officials on through our advocacy portal. It is a useful guide, and we thank Dean for composing it!


2014 Elections


With the GOP taking the majority in the Senate, and strengthening their hold in the House, we can expect a busy 114th Congress, with the House and Senate likely clearing a great deal more legislation than the 113th Congress did. We can also expect that this agenda will be more friendly to business and law enforcement perspectives.


It remains to be seen, however, how the new majority will impact privacy legislation, for instance with respect to Federal prohibitions on the use of drones for surveillance, GPS devices, data brokers, etc. As we saw in the last Congress, privacy advocates come from both ends of the political spectrum - far left and far right. With a more active legislative schedule, we can expect the consideration and movement of more such legislation.


Other than the USA Freedom Act, which is up for a Senate vote tonight, it is unlikely that the 113th Congress will pass any legislation harming the interests or practices of private investigators or security service companies. We will have to watch bill introduction and Committee action closel in the 114th Congress, however, to stay abreast of developments.


On a separate track, the new GOP majority in the Senate, and the strengthened GOP hold on the House, bode well for increased Congressional intervention in regulatory matters. 


 

Lobbyit has been tracking numerous rules for NCISS - typically involving labor/management relations and workplace safety. The new GOP majority has already indicated that it will be seeking to legislatively stop the rules it doesn't like.


As such, this new atmosphere provides NCISS a great deal of opportunity to be involved in Federal legislation and rulemaking, and Lobbyit will ensure that Lobbyit is prepared with the necessary information and guidance to make an impact.

 


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. 
 
 
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

                                                             
                       



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