November 2016 NCISS Monthly Report from Lobbyit

In This Issue

State Advocacy Monitoring

Stakeholder Activity

Legislation

In the month of November, Lobbyit spent much of our time attempting to discern what would happen in the lame duck session of Congress, and talking with a variety of Hill offices about what we might expect to see in 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 w ww.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 or your NCISS Legislative Chairs, Francie Koehler or Brad Duffy.

Stakeholder Activity

Lobbyit's November activity consisted almost entirely of talking to numerous congressional offices about what would happen as 2016 comes to a close, and what we might expect in early 2017.

As NCISS members know quite well, many of our primary policy concerns related to a series of Department of Labor rules (Overtime, Persuader, Micro-Union, Joint Employer, etc. - all the subject of earlier NCISS dispatches).

Like last year, the GOP was striving mightily to include provisions in appropriations legislation blocking the implementation of such rules (though some, like the Overtime rule, were recently blocked by federal courts). The end of 2016 looked to be similar to last year, in that Democrats would object to such "policy riders" in an omnibus funding bill, and the GOP would have to settle on one or two things to include, jettisoning the rest over a veto threat.

Then, the unexpected (to most) happened. Donald J. Trump got elected president, and the GOP held majorities in the House and Senate (though still a weak majority in the Senate, without the votes necessary to overcome a filibuster).

Now, with President-elect Trump on the way, the GOP has no reason to negotiate with President Obama or the Democrats on these policy riders, and can deal with a much more business-friendly Trump Administration next year. Consequently, Congress will not do an omnibus funding bill this year, but will instead pass a continuing resolution (CR) funding the federal government likely through the end of March, 2017. At that time, they'll decide whether and how to do an omnibus.

Though CRs are rarely the favored funding vehicle, especially for extended periods, for NCISS's concerns, this is a favorable development. In addition to wiping away many of the costly last minute regulations the Obama Administration is likely to issue, the Trump Administration and the new 115th Congress are likely to block and/or overturn the slew of rules causing NCISS members the greatest agita (see the above list). We should be extremely pleased with such prospects.

In the mean time, Congress won't determine its legislative priorities (outside those already announced, i.e. overturning the Affordable Care Act, Power Plant emissions rules, etc.) until early February, after committee announcements have been made, and leadership decides on its own priorities.

What is clear for next year, however, is that legislation is going to move. In most cases, these measures will be wide ranging and complex, like an overhaul of the tax system.

As such, the coming Congress presents both promise and peril. While NCISS might see problematic issues like data broker and gun regulation recede from the agenda, much legislation will be moving, which presents both opportunities to add NCISS priorities, but also the surety of the law of unintended consequences. NCISS and

Lobbyit will be busy scouring these legislative materials to ensure that provisions don't pop up which could inadvertently hurt our profession.

This will be an exciting time, but also one needing close scrutiny.

Expect more on this in the very near future!

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

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 p rovided 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

Permission granted to repost