In This Issue

In the month of January, Lobbyit continued our efforts to divine where Congress and the Trump Administration might be headed with respect to issues important to NCISS members.  

Lobbyit also met with the Senate Commerce Committee and Senator Bill Nelson's office, and with the House Energy and Commerce Committee to discuss the Spoofing Prevention Act (see details below).

Join NCISS members and Lobbyit representatives at HIT THE HILL March 27-29, 2017. Attendees will be be introduced to a different experience as private investigator and security professional interests are explored under the new administration.
NCISS HIT THE HILL - 2017 Annual Conference
The blooming of Washington D.C.'s signature cherry blossoms are targeted to be in full bloom just about the time of the  NCISS 41st Annual Conference and Hit the Hill,  March 27 - 29, 2017, weather permitting. 

Last year the peak bloom date was March 25. 


Location: 

The Holiday Inn Roslyn at Key Bridge
1900 North Fort Myer Drive, Arlington, VA 22209

Reservations:  (703) 807-2000 ext. 2222
Block Code NCI

NCISS room rate: $144.
Parking and Wi-Fi included



Deadline for room reservations is March 1, 2017

Please register by March 1, 2017
 
State Legislation Advocacy Monitoring (SLA M)
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/legislation and to the Advocacy Hub or the State Legislation link.
 
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 yourstate that we need to become aware, please contact your Regional Director or your NCISS Legislative Chairs, Francie Koehler or Brad Duffy. 

Stakeholder  Activity

The Spoofing Prevention Act

The primary purpose of meeting with Nelson's office and House and Senate Commerce Committees was to discuss Nelson's legislation, S. 134, the "Spoofing Prevention Act" (SPA).

On Tuesday, January 24, the Senate Commerce Committee reported seven telecommunications-related bills.  Among these was S. 134.

Having passed out of committee, this bill is now eligible to be called up for a Senate floor vote whenever the Majority Leader would like to.  Last year, the SPA passed the House, but did not receive floor consideration in the Senate. 

In past years, NCISS has watched this legislation closely, and talked with the committees and legislative sponsors, to ensure that legitimate investigative techniques employed by NCISS member-investigators are not banned.

Like last year, the 2017 SPA simply extends the 2009 ban on transmitting false caller ID information to texts and voice over internet protocols (VoIP), and to international callers dialing into the US.

It is the opinion of Senator Nelson's office, as well as the House and Senate Commerce Committees, that the SPA as currently drafted does not reach the common investigative practice of "pretexting," i.e.  verbal misrepresentation designed to elicit information.
In fact, NCISS was instrumental in securing language in the bill specifically exempting pretexting, in that the statutory definition of prohibited conduct, "does not include real time, two-way voice or video".

NCISS considers this a victory. 

Companion House language is not yet available, but NCISS stressed to the Committee that it would like to see similar language when considered. 

Last year, Chairman Upton introduced the bill.  He has since given up the Chair, and it is unclear at what point the House Committee will take up this bill.

In any event, there is a strong likelihood that this legislation will become law in 2017.

Net Neutrality

In 2014, NCISS filed an official comment with the Federal Communications Commission, urging them to promote an official policy of "Net Neutrality".  In part, the comment stated:

. . . [t]he FCC cannot (even if inadvertently) restrict the ability of private citizens to access [important investigative] information by allowing the bifurcation of the internet and relegating such non-commercial sites and pursuits to second-class status.  To do so would doom our ability to act quickly and accurately, often when human life is at stake.

Please do not take regulatory action which would allow for "tiered" services on the internet, allowing providers to increase speeds for preferred customers.  Internet users who do not have the commercial clout to pay more for enhanced service could ultimately pay a steep price for the change as providers who see less commercial benefit from such users deny them crucial technological advances.  We do not believe this result is inconceivable, and in fact believe it would be likely in the long run as providers seek to maximize their profits and focus more on developing technology and improving services for those simply with the ability to pay more.

For private investigators, the vast majority of whom are small businesses or solo practitioners, such a change could be fatal to our ability to access critical information.  We respectfully ask that you preserve true equality in internet services for all users, and not let large commercial operations gain an unfair advantage . . .

At that time, the FCC did institute a policy requiring parity across the internet, regardless of the size of the user or intensity of data transmission.

In January, President Trump elevated Ajit Pai to the Chairmanship of the FCC.  Chairma Pai is on record as a staunch opponent of Net Neutrality, believing that it will stifle innovation, among other things.

He will not be subject to Senate confirmation prior to taking the Chairmanship, as he has previously been confirmed for his lower position.  His appointment will run out in 2017, however, so he will need Senate reconsideration later this year.

During this process, NCISS will work with target Members and Senate Commerce Committee staff to elevate this debate once again, working to secure the ability of lower-level web utilizers to the most effective technologies.

Expect more on this in the very near future!


Legislation

GUNS

H.Res.90 - 115th Congress (2017-2018)

Expressing the sense of the House of Representatives that gun violence is a public health issue and Congress should enact by the end of the 115th Congress comprehensive Federal legislation that protects the Second Amendment and keeps communities safe and healthy, including expanding enforceable background checks for all commercial gun sales, improving the mental health system in the United States, and making gun trafficking and straw purchasing a Federal crime.

Sponsor: Rep. Lowenthal, Alan S. [D-CA-47] (Introduced 02/03/2017) Cosponsors: (25)

Committees: House - Judiciary, Energy and Commerce

Latest Action: 02/03/2017 Referred to House Energy and Commerce

H.R.163 - 115th Congress (2017-2018) --   
 
 
Gun Manufacturers Accountability Act

This bill amends the Protection of Lawful Commerce in Arms Act to repeal provisions that prohibit state or federal civil actions or administrative proceedings from being brought against firearm or ammunition manufacturers, sellers, importers, dealers, or trade associations for criminal or unlawful misuse of a firearm by the person bringing the action or a third party.

Sponsor: Rep. Hastings, Alcee L. [D-FL-20] (Introduced 01/03/2017) Cosponsors: (0)

Committees: House - Judiciary

Latest Action: 01/13/2017 Referred to the Subcommittee on the Constitution and Civil Justice.

H.R.62 - 115th Congress (2017-2018) --   
 
 
Gun Violence Reduction Resources Act of 2017

This bill authorizes the Department of Justice to hire 200 additional agents and investigators for the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Sponsor: Rep. Jackson Lee, Sheila [D-TX-18] (Introduced 01/03/2017),   
 
 
Cosponsors: (0)

Committees: House - Judiciary

Latest Action: 01/12/2017 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

H.R.445 - 115th Congress (2017-2018) -- 

Buyback Our Safety Act

This bill authorizes the Department of Justice's Office of Justice Programs (OJP) to establish a gun buyback grant program for state, local, and tribal law enforcement agencies.
 
The OJP must enter into an arrangement with the National Academy of Sciences to develop standards to identify the guns likely to be used in violent crimes and to establish a pricing scale for guns purchased through a gun buyback program.

Sponsor: Rep. Deutch, Theodore E. [D-FL-22] (Introduced 01/11/2017),   
 
 
Cosponsors: (2)

Committees: House - Judiciary

Latest Action: 02/06/2017 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

H.R.367/S. 59 (Crapo) - 115th Congress (2017-2018) -- 

Hearing Protection Act of 2017

This bill amends the Internal Revenue Code to: (1) eliminate the $200 transfer tax on firearm silencers, and (2) treat any person who acquires or possesses a firearm silencer as meeting any registration or licensing requirements of the National Firearms Act with respect to such silencer. Any person who pays a transfer tax on a silencer after October 22, 2015, may receive a refund of such tax.

The bill amends the federal criminal code to preempt state or local laws that tax or regulate firearm silencers.

Sponsor: Rep. Duncan, Jeff [R-SC-3] (Introduced 01/09/2017) Cosponsors: (92)

Committees: House - Ways and Means, Judiciary

Latest Action: 02/06/2017 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

H.R.34 - 115th Congress (2017-2018) --   
 
 
Safe Students Act

This bill amends the federal criminal code to repeal provisions that prohibit the possession or discharge of a firearm in a school zone.

Sponsor: Rep. Massie, Thomas [R-KY-4] (Introduced 01/03/2017) Cosponsors: (5)

Committees: House - Judiciary

Latest Action: 01/12/2017 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

H.R.57 - 115th Congress (2017-2018) --   
 
 
Accidental Firearms Transfers Reporting Act of 2017

This bill requires the Federal Bureau of Investigation (FBI) to submit a biannual report to Congress on the number of proposed firearm transfers where: (1) a licensed gun dealer submitted a background check through the National Instant Criminal History Background Check System (NICS), (2) NICS failed to respond to the licensed gun dealer within three business days, and (3) the licensed gun dealer completed the transfer.

The FBI must also report on the procedures followed once the transferee is discovered to be ineligible.

Sponsor: Rep. Jackson Lee, Sheila [D-TX-18] (Introduced 01/03/2017) Cosponsors: (0)

Committees: House - Judiciary

Latest Action: 01/12/2017 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

S.72 - 115th Congress (2017-2018) --   
 
 
Counterterror Alert Act of 2017

This bill requires the Department of Justice (DOJ) to include in the national instant criminal background check system (i.e., the NICS database) information about an individual who is or has been under a federal terrorism investigation.
A federal department or agency must submit to DOJ information about such individual.

Additionally, if a licensed gun dealer requests a background check on a prospective gun buyer who is or has been under a federal terrorism investigation, then the NICS database must notify the appropriate division of the Federal Bureau of Investigation of the request and the pending firearm transfer.

Sponsor: Sen. Nelson, Bill [D-FL] (Introduced 01/09/2017) Cosponsors: (0)
Committees: Senate - Judiciary

Latest Action: 01/09/2017 Read twice and referred to the Committee on the Judiciary.

H.R.358 - 115th Congress (2017-2018)

To amend chapter 44 of title 18, United States Code, to more comprehensively address the interstate transportation of firearms or ammunition.
Providing for the interstate transfer of secured firearms, superseding state and local laws and regulations on such transfer.

Sponsor: Rep. Griffith, H. Morgan [R-VA-9] (Introduced 01/06/2017) Cosponsors: (38)

Committees: House - Judiciary

Latest Action: 02/06/2017 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

S.159 - 115th Congress (2017-2018) -- 

Firearms Manufacturers and Dealers Protection Act of 2017

A bill prohibiting any funds from being spent on any continuing "Operation Choke Point" activity.

Sponsor: Sen. Rubio, Marco [R-FL] (Introduced 01/17/2017) Cosponsors: (0)

Committees: Senate - Banking, Housing, and Urban Affairs

Latest Action: 01/17/2017 Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

S.162 - 115th Congress (2017-2018) --   
 
 
Second Amendment Enforcement Act of 2017

A bill to restore 2d Amendment rights in the District of Columbia.

Sponsor: Sen. Rubio, Marco [R-FL] (Introduced 01/17/2017) Cosponsors: (0)

Committees: Senate - Homeland Security and Governmental Affairs

Latest Action: 01/17/2017 Read twice and referred to the Committee on 
Homeland Security and Governmental Affairs.

H.R.124 - 115th Congress (2017-2018) --   
 
 
CAM TIP Act of 2017

To establish a grant program providing for the acquisition, operation, and maintenance of body-worn cameras for law enforcement officers, and for other purposes.

Sponsor: Rep. Green, Al [D-TX-9] (Introduced 01/03/2017) Cosponsors: (0)

Committees: House - Judiciary, Armed Services

Latest Action: 01/23/2017 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

DATA PRIVACY

H.R.736 - 115th Congress (2017-2018) --   
 
 
Black Box Privacy Protection Act

To require automobile manufacturers to disclose to consumers the presence of event data recorders, or "black boxes", on new automobiles, and to require manufacturers to provide the consumer with the option to enable and disable such devices on future automobiles.

Sponsor: Rep. Capuano, Michael E. [D-MA-7] (Introduced 01/30/2017) Cosponsors: (0)

Committees: House - Energy and Commerce

Latest Action: 01/30/2017 Referred to the House Committee on Energy and Commerce.

H.R.387 - 115th Congress (2017-2018) --   
 
 
Email Privacy Act

A bill 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.

Sponsor: Rep. Yoder, Kevin [R-KS-3] (Introduced 01/09/2017) Cosponsors: (138)
Committees: House - Judiciary

Latest Action: 02/06/2017 Motion to reconsider laid on the table Agreed to without objection.

H.R.755 - 115th Congress (2017-2018) --   
 
 
REAL ID Privacy Protection Act

To amend the REAL ID Act of 2005 to remove the provision requiring each State to provide all other States with electronic access to information contained in the motor vehicle database of the State, and for other purposes.

Sponsor: Rep. Sanford, Mark [R-SC-1] (Introduced 01/31/2017) Cosponsors: (2)

Committees: House - Oversight and Government Reform

Latest Action: 01/31/2017 Referred to the House Committee on Oversight and Government Reform.

H.R.701 - 115th Congress (2017-2018) -- 

SPY Car Study Act of 2017

To direct the Administrator of the National Highway Traffic Safety Administration to conduct a study to determine appropriate cybersecurity standards for motor vehicles, and for other purposes.

Sponsor: Rep. Wilson, Joe [R-SC-2] (Introduced 01/24/2017) Cosponsors: (1)

Committees: House - Energy and Commerce

Latest Action: 01/31/2017 Sponsor introductory remarks on measure. 

H.R.759 - 115th Congress (2017-2018) --   
 
 
Ability to Repay Verification Enabling Act

To prohibit the Secretary of Labor from enforcing any requirement that consumer reporting agencies that serve only as a secure conduit to data from State unemployment compensation agencies obtain and maintain an individual's informed consent agreement when verifying income and employment with such agencies, and for other purposes.

Sponsor: Rep. Ellison, Keith [D-MN-5] (Introduced 01/31/2017) Cosponsors: (1)
Committees: House - Ways and Means

Latest Action: 01/31/2017 Referred to the House Committee on Ways and Means. 

H.R.630 - 115th Congress (2017-2018) --   
 
 
National Statistics on Deadly Force Transparency Act of 2017

To require the Attorney General to issue rules pertaining to the collection and compilation of data on the use of deadly force by law enforcement officers.
Sponsor: Rep. Cohen, Steve [D-TN-9] (Introduced 01/24/2017) Cosponsors: (17)

Committees: House - Judiciary

Latest Action: 01/24/2017 Referred to the House Committee on the Judiciary.

S.126 - 115th Congress (2017-2018) --   
 
 
Repeal ID Act of 2017

To amend the Real ID Act of 2005 to repeal provisions requiring uniform State driver's licenses and State identification cards, and for other purposes.

Sponsor: Sen. Daines, Steve [R-MT] (Introduced 01/12/2017) Cosponsors: (2)

Committees: Senate - Homeland Security and Governmental Affairs

Latest Action: 01/12/2017 Read twice and referred to the Committee on Homeland Security and Governmental Affairs. 


This monthly 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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