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Summer Recess 2009

Congress Goes On Summer Recess With Pending Bills
Threatening PIs & Security Companies

Colleagues,

Congress has left town for its summer recess and will return to Washington on September 8, two weeks before the NCISS "Hit the Hill" blitz on the nation's capital. As the headlines show, Congress has spent the first year of the Obama Administration on broad issues including economic stimulus, health care, energy and a Supreme Court nomination. However, issues of concern to private investigators and security companies have recently ramped up.

On the day the Senate finished its legislative business before leaving town, Senator Chuck Schumer (D-NY) introduced S1618, a bill which would set the rules for how Social Security numbers should be truncated. Earlier this year that issue was the subject of a hearing in the House Committee on Oversight & Government Reform. Also, the Senate Committee on Commerce, Science and Transportation passed S-30, the "Truth in Caller ID Act" Thursday. And as recently reported, the new Chairman of the Social Security Subcommittee, John Tanner (D-TN) has taken up the cause of the previous Chairmen of that subcommittee and reintroduced HR 3306 the "Social Security Number Privacy & Identity Theft Protection Act", which would severely restrict the ability to access SSN's or the data they help develop. Other Social Security bills have also been introduced, including Senator Feirnstein's S-141, "Protecting the Privacy of Social Security Numbers Act" and Representative Frelinghuysen' s HR 122, the House version of S-141.

Two major bills are under consideration regarding data breaches. Although neither one of them currently includes restrictions on the use of SSN's, they could serve as vehicles for amendments to do so as they have in the past. But in addition to these issues with which NCISS has been involved for years, a few new ones have been introduced that merit our concern. Representative Charlie Rangel (D-NY), Chairman of the Ways and Means Committee, has introduced HR 1529, the "Second Chance for Offenders Act" which would make it easier to expunge federal criminal records. And recently, Representative Stephen Cohen (D-TN) introduced the "Equal Employment for All Act", which would ban most uses of credit reports in the employment context. A more institutional issue that could affect our membership is HR 3126, the "Consumer Financial Protection Act". It is part of President Obama's effort to regulate financial institutions in order to avoid another economic crisis. But it would move many functions from the Federal Trade Commission to the new agency. This includes the Fair Credit Reporting Act and many privacy issues. It is not certain what the impact on NCISS members would be, but it increases the risk of additional restrictions on private investigators.

Security companies and many other businesses are awaiting possible "compromise" proposals regarding the "Employee Free Choice Act". Several Democratic Senators have been meeting to try to come up with an amendment to the bill to enable them to get the 60 votes usually required to get controversial bills through the Senate. The measure would permit unions to organize a company without the need for a secret ballot election. It would also mandate that if a contract is not agreed to by a date certain, binding arbitration would set wages and work rules. Another concern is a supposedly "voluntary" certification program being developed by the Department of Homeland Security regarding emergency response and business continuity planning. Working through industry coalition Security Companies Organized for Legislative Action (SCOLA), NCISS has been participating in DHS meetings on the matter.

As you have just read, the NCISS Legislative Committee is actively monitoring and communicating with Congressional representatives to voice the concerns of our profession. Now, you can help!

The NCISS "Hit the Hill" is scheduled for September 24. It is critical that our membership make itself heard and felt on these major issues. Make your voice heard and come join us in Washington, DC.

Register TODAY for the NCISS Hit the Hill Campaign in Washington, DC on September 24th. You can get detailed information on this and other NCISS events by going to www.nciss.org.

Thank you for your continued loyalty and support.

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


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