In This Issue

 

In the month of July, NCISS and Lobbyit continued to work on the Department of Labor provisions in the House and Senate Labor Health and Human Services (LHHS) Appropriations bills, monitored developments in the FAA's ongoing regulation of unmanned aerial vehicles (UAV), and continued to work with Senate Commerce Committee staff to ensure that any data privacy legislation doesn't inadvertently sweep up private investigators.

 


Stakeholder Activity

 

LHHS Appropriations

  

Progress on the LHHS Appropriations bill in both the House and Senate - i.e. the inclusion of language barring the Department of Labor (DOL) from implementing the "ambush rule", micro union rules, and others (discussed at length in June's NCISS monthly) - was blunted somewhat in July, with Congress essentially giving up the ship on funding the Federal Government for FY 2106 through the regular appropriations process.

 

As Lobbyit had predicted months ago, the spending caps in the budget passed by the GOP were so restrictive on domestic discretionary programs that Senate Democrats wouldn't even allow most of the 13 appropriations bills come to the floor for consideration. Moreover, heavy cuts in the LHHS bill for numerous services, and a shift of over $1 billion to NIH (not to mention the DOL language), made this vehicle one of the most controversial, earning a veto threat from the White House.

 

As a result, Congress will pass a two or three month continuing resolution (CR) when it returns from August recess, with an eye toward cobbling together an omnibus appropriations package during the fall.  

 

NCISS and Lobbyit have been building off our June efforts, reaching out to important Members of the Appropriations Committee, and House and Senate leadership, to encourage them to include the DOL-related language in this end-of-the-year funding package.

 

From these meetings, we have observed strong commitment to the language within the GOP caucus, and a fairly subdued approach by Democrats. Republicans observed that rarely do both House and Senate Committees include similar provisions of this nature in their respective funding bills (in the House, such policy riders are routine, but are typically considered too caustic for the Senate as the process can be shut down far more easily in the upper Chamber due to Senate rules), and Leadership believes the GOP has a strong hand going into final negotiations.

 

All of this sets up (yet) another showdown between Congress and the White House.  If the GOP includes these DOL riders (and potentially others) in a take-it-or-leave-it FY2016 funding bill, it remains to be seen whether the President will veto the omnibus bill, temporarily shutting down government around the holidays. Both parties could point their finger at the other, blaming them for the impasse.

 

We have all seen this play out before, and there is a better-than-average chance that we'll see it again this year, especially as the Presidential campaign looms large on the horizon.

 

Consequently, it is imperative that NCISS members use the Advocacy Hub tool to encourage their Members of Congress to support this language, whether Democrat or Republican. 

  

 

                     Go to ADVOCACY HUB to send your letter to your Congress member

(You may have to scroll down to see your Congress Member listed following your U.S. Senator)



With the fight now shifting to an omnibus bill at the end of 2015, Members of Congress must hear from their constituents on this important matter.

 

Drone Update

 

In the past few weeks, the FAA has given increasingly clear signals that it is willing to back off on the "line of sight" (LOS) requirement for commercial operators of unmanned aerial vehicles (UAV), or drones.

 

In response to heavy industry pressure, as well as Congressional interest (by such parties as NCISS's friend and ally, Ted Yoho (R-FL03)) the FAA is drafting exemptions for commercial operators, and is considering a wholesale revamping of its LOS requirements (a welcome change for NCISS members using UAVs for aerial surveillance).  Increasingly common UAV applications in precision agriculture and numerous types of surveillance are pushing the FAA into reconsidering its ban on "beyond visual line of sight" (BVLOS) UAVs.

 

In recent testimony before the U.S. House of Representatives Oversight and Government Reform Committee, FAA Deputy Administrator Michael Whitaker stated that the new rules would be finalized, "[h]opefully before June 17, 2016". The delay is largely attributable to the rapid development of the UAV industry, both in technology and application.  

 

The FAA does not want to issue rules that are functionally obsolete when finalized.

  


 


Legislation

 

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

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 security breach. 


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 provided for NCISS by ... 
 


 


Please contact Francie Koehler for questions or issues regarding private 
investigators and Brad Duffy re the same for security professionals. 

 

                   Francie Koehler - Investigations

 

 

                                                             
                                                



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Until next month,


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