Both Attorney General Holder and Director of National Intelligence, James Clapper, told Senate Judiciary Chairman Patrick Leahy that they supported the legislation, and Leahy is now seeking leadership's agreement to schedule the Freedom Act for floor consideration.

A House companion bill, H.R. 3361 (Rep. Sensenbrenner) passed the House in May.  However, passage was secured by weakening some of the privacy protections in the original bill.  The Senate measure does not contain those allowances, so assuming the Senate does pass S.2685, House passage of the Senate version is very much in doubt.

While this is legislation ultimately aimed at surveillance, data collection and usage by the government in terrorism-related activities, NCISS is always wary of how private investigators might inadvertently get folded-in to such measures, including restrictions on "pretexting" or penalties for the types of surveillance necessary for our industry.  

In the past, we have fought successfully to blunt such measures, securing definitional carve-outs for private investigators and/or removing objectionable provisions altogether.

As the 113th Congress spins to close, both before and after the upcoming election, NCISS will continue to monitor this and other legislative proposals to ensure that the activities and livelihoods of our members are protected and advanced.

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