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Bad news today from the House Energy & Commerce Committee Re: HR3126


Colleagues,

The House Energy & Commerce Committee late this afternoon passed amendments to HR 3126, the Consumer Financial Services Protection Act. The committee made several changes to enhance the powers of the FTC. A manager's amendment, offered by Chairman Henry Waxman (D-CA), would increase the ability of the FTC to enforce statutes where there is joint authority. But the committee did not change the language that Rep. Barney Frank added to transfer jurisdiction of the Fair Credit Reporting Act to the new agency which we had hoped for. Rep. Frank did say during his markup that he was concerned only about financial credit reports, not background checks and other nonfinancial parts of the FCRA. However, he didn't appear to be aware the other functions covered by the FCRA would be affected. He did say he'd work with others to try to fix the bill before it went to the floor

Another significant change made by the Energy & Commerce Committee today was to replace the single director with a commission. It would operate as an independent regulatory agency, much like the FTC. As soon as the amendment was adopted, Rep. Frank issued a statement opposing the commission idea, as below.

We would have preferred that the House Energy & Commerce Committee had kept the FCRA under the authority of the FTC with whom we have a positive relationship and they understand our professional needs. The NCISS Legislative Committee will continue to monitor this bill and the dozens of other proposed legislation that could have an adverse affect on private investigators.


Keeping the profession informed,

Jimmie Mesis
NCISS Legislative Chairman
jim@nciss.org


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