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Legislation Update 10/09/09

NCISS - Legislative Committee Update 10/9/09

Colleagues,

The NCISS "Hit the Hill" visits during late September have proved very timely. Congress is extremely busy with major legislation and will stay in session long past its anticipated October adjournment. And while all eyes are on major legislation, including the massive health insurance bill, recent developments on bills of direct interest to NCISS are starting to see some action:

HR 2221, the "Data Accountability & Trust Act" was passed by the Energy & Commerce Committee. This legislation is intended to prevent breaches of personal data by requiring businesses to protect it. As passed by the committee it does not include restrictions on the use of Social Security numbers.

HR 3126, the "Consumer Financial Protection Act" is scheduled to be considered by the House Financial Services committee next week. NCISS members were very concerned about a proposal to transfer jurisdiction over the Fair Credit Practices Act from the Federal Trade Commission to the new agency. A new draft of the bill, however, would specifically keep regulation of consumer reporting agencies within the FTC.

HR 3763, "To amend the Fair Credit Reporting Act to provide for an exclusion from Red Flag Guidelines," which provides exceptions to the red flag rules ,will also be considered next week by the Financial Services Committee. The Red Flag Rule requires companies which extend credit to have programs in place to prevent identity theft. Some NCISS members could be affected. The bill exempts attorney and accountants with less than 20 employees and provides a mechanism for the FTC to exempt other businesses if they can show that they know all their customers.

HR 1258, the "Truth in Caller ID" bill was passed out of a subcommittee of the House Energy & Commerce Committee on Thursday. The bill prohibits spoofing "with the intent to defraud or cause harm." The language is similar to that of the S 30 which passed the Senate Commerce Committee earlier this year.

The House Ways and Means Committee has not yet taken any action on HR 3331, the "Social Security Number Privacy and Identity Theft Protection Act", which limits access to Social Security numbers.

There has been no recent movement on HR 1409/S560 the "Employee Free Choice Act" .

Thank you all for your continued loyalty and support.

Sincerely,
Jimmie Mesis
NCISS Legislative Chairman
jim@nciss.org

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