In This Issue

In the month of September, Lobbyit continued to work with House and Senate appropriators on the inclusion of labor-related provisions in the eventual Omnibus bill, met with the Senate Energy and Commerce Committee and Senate Banking Committee to discuss House legislation -- HR 5282, The Comprehensive Consumer Credit Reporting Reform Act of 2016 (Waters, D-CA-43) -- limiting the use of credit reports and what they may contain.


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
Congress returned from August break with a great deal to do, and not much time to do it.  Chief on their plate was a continuing resolution (CR) funding government until they re-convene in November or December.   In addition, the end-game for the 114th Congress is still very much up in the air, and Lobbyit is working hard to have appropriators include a number of labor-related "riders" in the eventual Omnibus (assuming there is one). 

Lobbyit met with House and Senate appropriations committee staff to discuss these provisions, and were assured that GOP leadership (especially in the House) is intent on blocking the Administration from imposing such policies (i.e. "persuader," "micro-unions," etc.).  Significant portions of the GOP in the Senate are similarly inclined, but leadership has not indicated how far they are willing to go in a battle with the White House.  As we have previously observed, much depends on the election.

In August, Lobbyit met with the House Financial Services Committee and House Judiciary Committee to discuss Congresswoman Waters' bill affecting what credit reports may contain, and how such reports may be used. (A summary of this bill can be found in August's report.)

In September, Lobbyit sat down with the relevant committees of jurisdiction in the Senate to discuss prospects for companion (or similar) Senate legislation.

As expected, much depends on the outcome of the election.  Should the GOP retain the Senate majority, neither the Banking nor Commerce Committees see much prospect for legislation in this issue area - and certainly not of the nature of H.R. 5282.

If the Democrats re-take a Senate majority, however, the picture will likely be much different.  Sherrod Brown (D-Oh) is currently the ranking Democrat on Senate Banking.  Though things may certainly change, he is expected to take the Chair of the Banking Committee should Democrats take the Senate.  Brown is the original sponsor of S. 1773, the Consumer Reporting Fairness Act (CRFA).  CRFA would amend bankruptcy law to require creditors to ensure that a debt discharged in bankruptcy shows a zero balance on the consumer's credit report. The bill also would permit consumers to take legal action against creditors that fail to report a discharged debt that is no longer owed.  Sens. Richard Blumenthal (D-CT), Dick Durbin (D-IL), Al Franken (D-MN), and Jeff Merkley (D-OR) are original cosponsors.

While S. 1773 is a far cry from HR 5282, it does indicate the direction the wind is blowing in the Senate Dem. Caucus.  Moreover, Senators Schumer and Merkley are both currently on Senate banking, which means that support on the Committee already exists.  Finally, Durbin and Schumer are both in the Senate leadership, with Schumer expected to take Senate Majority Leader if the chamber shifts, with Durbin likely to become Majority Whip.  Thus, the two top positions in the Senate have already shown that they are ideologically inclined to support such measures.

Finally, if the Dems take the Senate, they'll add several positions to the banking Committee, and we understand that Members like Sanders and Warren have expressed an interest in joining.  This does not bode well.  Both Warren and Sanders are already cosponsors of S.1847 - "A bill to enhance the accuracy of credit reporting and provide greater rights to consumers who dispute errors in their credit reports, and for other purposes" (Blumenthal and Merkley are similarly cosponsors).

S. 1847, the Stop Errors in Credit Use and Reporting Act (SECURE Act):

The SECURE Act would make changes to the credit reporting industry that would:

1)       direct the Consumer Financial Protection Bureau to establish minimum procedures that a CRA must follow to ensure accuracy of consumer reports.  When errors are caught, the bill would require CRAs to gather and report information on consumer disputes and resolutions.  It would also require CRAs to pass along documentation sent by consumers to data furnishers, for the purpose of correcting their credit report.
 
2)       allow consumers to see the same information used by lenders to deny a consumer credit or increase interest rates.
 
3)       enable parents of minor children to impose a security freeze on their child's credit report to protect their child from identity theft.
 
4)       create a national registry of CRAs, and direct the Government Accountability Office to conduct a study of existing public credit reporting systems and evaluate the feasibility, as well as the costs and benefits, of creating a national credit reporting system in the United States.
 
5)       provide injunctive relief as a remedy for consumers who sue CRAs under the Fair Credit Reporting Act and penalize negligent violations of the FCRA.

Lobbyit and NCIS will continue to monitor and this and other legislation, especially as the Congress nears an end and the fur starts flying!

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
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 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

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