In This Issue

In the month of May, Lobbyit continued to follow-up on important issues covered during NCISS's "Hit The Hill" day in April, including meeting with Senator Markey's staff to discuss unmanned aerial vehicle (UAVs, or "drones") privacy standards, as well as counsel from House Transportation and Infrastructure Committee to discuss the House version of Federal Aviation Administration (FAA) reauthorization bill.


State Legislation Advocacy Monitoring (SLAM)
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 www.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.

Stakeholder Activity
When NCISS's Board met with Senate Commerce Committee counsel to discuss issues of importance to private investigators and security service providers, we were informed that that the Committee, over Chairman Thune's objection, had just adopted a series of amendments offered by Senator Markey (D-Ma) addressing information privacy and disclosure requirements for commercial drone operators.

Markey's primary amendment enhances the commercial and government drone database established by the bill by requiring that drone operators disclose if they collect personally identifiable information (PII) about an individual (including through the use of facial recognition), how the personal data will be used (including for advertising or marketing purposes), how that information will be handled, and when the sensitive information will be destroyed. 

Markey's amendments would also require a more complete UAS profile to be included in the database. The existing bill requires the FAA to list the operator name, contact information, expiration date of authorization for UAS operation, and UAS identification number (akin to a "license plate" identification system). Markey's amendments mandate inclusion of this information as well as details on the location, time, and purpose of operations, and a list of the UAS' technical capabilities (camera-equipped, etc.). 

What is PII?

Lobbyit met with Senator Markey's staff to discuss the intent of the amendment concerning "personally identifiable information" (PII), as it is not defined in the bill.  Staff informed us that it was purposefully left vague, and was motivated by larger commercial interests (ahem, Google and Amazon) collecting data on an unsuspecting public as they developed their home delivery UAV systems, then commercializing the data and selling it to data brokers, advertisers, etc.

When informed how NCISS members use UAVs, Markey's staff opined that we seemed to be a hybrid, in that we could be gathering photographic evidence to confirm identities, etc. but would not be looking to commercialize this information in any fashion.

They also stated that they didn't think that NCISS members would have to divulge specifics about surveillance activities that would confound our ability to conduct necessary and proper investigative activities.

The upshot, however, is that if these provisions survive House/Senate conference, the FAA will retain significant rulemaking authority to determine how these provisions will work in practice. Markey's office informed us that this was also purposeful.

The Senate passed FAA reauthorization overwhelmingly, but the situation is much different in the House. The House version of the bill, H.R. 4441, the Aviation Innovation, Reform, and Reauthorization (AIRR) Act includes several controversial provisions, including the privatization of America's air traffic control system. This is proving to be a significant sticking point with Democrats, and is one of the topics confounding a final agreement reconciling the differences between the House and Senate versions.

Because of the difficulties in conferencing the House and Senate versions, a short-term reauthorization was passed, extending FAA authorities until July 15.  House T&I indicated to Lobbyit that another extension short of a full reauthorization may be necessary.

Currently, the House version contains no privacy or disclosure measures mirroring the Markey language.

Senators Thune and Nelson are leaning on Chairman Shuster to simply accept the Senate version, but Lobbyit's interactions with T&I staff indicate that this is unlikely.

Should the Markey language make it into any final agreeement, Lobbyit and NCISS will have to work diligently with the FAA to ensure that the ensuing regulations do not harm our ability to operate.



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
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 ... 
 
  
     ...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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