NCISS Interim Legislative Report
Congress adjourned this past Friday and is expected to re-convene after Labor Day, unless a special session is called in the intervening time. These past several weeks NCISS carefully monitored last minute packages of bills to make certain that none that we were apprehensive about passed at the eleventh hour. There had been talk that possibly an amendment comprising portions of the first three bills listed below might get tacked to a tax bill. Thankfully this did not occur.
Nothing passed that adversely affects the private investigative and contract security professions. Although Congress will be preoccupied with the November elections, interest in privacy issues will continue to be strong. Identity theft is still in the headlines with the recently announced prosecution of hackers. Public officials will continue to respond to these issues. There will be more instances of hearing that a private investigator is being indicted for illegal activity or yet another major data security breach affecting millions of people will come to light. We expect that in the next session Congress will also address the issue of pretexting, a recognized investigative tool, as various criminal cases wind their way through the federal and state courts.
NCISS continues to monitor the following bills and emerging issues:
S1178, the Identity Theft Prevention Act, which contains an exception to the restrictions on the use of SSNs for our purposes.
HR3046, the Social Security Number Privacy Protection and Identity Theft Prevention Act
HR948, the Social Security Number Protection Act (both HR 3046 and HR 948 would ban the sale of SSNs without exceptions.) You will recall that this and similar legislation has been opposed by NCISS over the years, and we have thus far been successful in our lobbying efforts in Washington to protect the interests of our members
S2915, the Safeguarding Social Security Numbers Act, would require that the Commissioner of Social Security issue regulations to standardize the method by which people truncate Social Security numbers. The bills sponsor, Senator Charles Schumer, has previously expressed his concern that different methods of truncation could permit an individual to obtain a complete number by using multiple sources.
HR4791, the Federal Agency Data Protection Act, would require federal agencies to protect personal data, primarily by preventing breaches. NCISS and other business interests are following this piece of legislation because it could become a vehicle for problematic amendments.
HR6060, the Identity Theft Enforcement and Restitution Act makes it easier to enforce laws against identity theft by easing the way for the Department of Justice to prosecute such cases by clarifying jurisdiction and increasing penalties.
I hope you will join NCISS in our grass roots efforts in Washington, DC from September 10 through 12. If you can, please set up interview visits with your two senators and members of congress where you reside and operate your business. We need many volunteers to walk the halls of congress. Ask your representatives if you can meet with them to discuss S1178, which we support, and HR3046 and HR948, which we oppose. When you come to Washington we will explain in more depth these and other bills, particularly the ramifications of S2915.
Tell your representatives that you are attending a NCISS meeting in D.C. and will only be available on September 11, 2008. Request that you wish to schedule a personal meeting with them to discuss why licensed private investigators need to have continued access to information that several pending bills would deny.
These bills threaten to limit your ability to locate people, who may be witnesses in civil and criminal cases.
Congress has expressed concern about mortgage fraud and the theft of intellectual property. Let your representatives know your are interested in helping Congress to protect consumer privacy while at the same time preserving your ability to assist in the administration of justice and protect the public.
Below are some of the good works NCISS has done for you!
Second Amendment
The National Council of Investigation and Security Services (NCISS), along with several other state investigative and security associations, joined forces to file an industry amicus brief in support of security guard Dick Hellers claim before the Supreme Court of the United States, District of Columbia v. Heller, et al. The U. S. Supreme Court ruled on June 26, 2008 that Americans have an individual right, rather than a collective right, to own guns for self-defense — the justices’ first major pronouncement on gun rights in U.S. history. The Court’s 5-4 ruling struck down the District of Columbia’s 32-year-old ban on handguns as incompatible with gun rights under the Second Amendment.
Fair and Accurate Credit Transactions Act of 2003 (FACTA)
As amended in 1996, the FCRA required employers to obtain permission from a subject-employee to investigate that employee. If adverse action was taken against that employee, the employer was required to provide that same investigative report to the employee. NCISS lobbied successfully to effect change under FACTA to correct the unintended consequences in the FCRA affecting workplace investigations.
Drivers Privacy Protection Act of 1994 (DPPA)
The DPPA was the first federally enacted law wherein the term state licensed private investigator was mentioned in granting a specific exception to this profession.
Social Security Numbers
Currently, numerous bills are pending before the U. S. Congress and Senate to remove the social security number as a unique identifier. The effect of passage of such legislation would result in a ban of the use of credit headers. So far, NCISS has been successful in staving off restrictive action of this type the past eight years.
Pretexting
NCISS is protecting your right to use pretexts, a recognized investigative tool, when utilized for lawful purposes. Without continual monitoring, privacy advocates and Congress will seek to ban the use of any pretense which would then undermine undercover investigations, shopping services, and various means of locating individuals.
Please go to www.NCISS.org for further details. If you can not participate in this effort please send a financial contribution to the NCISS Legislative Fund at 7501 Sparrows Point Blvd., Baltimore, MD 21219
Bruce Hulme
Legislative Director
NCISS Legislative Committee
specialinvestigations@worldnet.att.net
Category: Legislation, News & Events
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