The Insights Association takes positions on all manner of public policy issues impacting the insights industry. These position papers can be used by members for their grassroots efforts to influence policymakers.
The PRO Act
The Protecting the Right to Organize Act (PRO Act) (H.R. 20, S. 567) would, among other purposes, dramatically expand the definition of "employee" in the National Labor Relations Act (NLRA), adding an ABC test to determine if someone is an independent contractor or employee for purposes of union organizing. The legislation would make it harder to properly classify research subjects receiving incentives for participation in market research studies as independent contractors.
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The Census Household Panel
The Census Bureau requested $1.713 million in FY24 for the Census Household Panel, a program to develop its own online research panel, in-sourced from a failed project formerly known as the Ask U.S. Panel (on which Congressional appropriators demanded more transparency in FY23). That project was recently criticized by the Inspector General. The Census Bureau should instead use the competitive marketplace of available insights services to acquire pre-existing research services as-needed, which would save the Bureau time while saving the taxpayers a lot of money.
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Non-Compete Agreements in Employment Contracts
The Insights Association opposes the use of non-compete agreements in employment contracts for all but the most senior employees unless the employees receive compensation or severance commensurate with the time frame the employees are restricted, but the use of non-disclosure agreements or non-solicitation agreements should not be impeded.
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Freedom from Government Competition Act - H.R. 2744
The Freedom from Government Competition Act (H.R. 2744) would require the federal government to procure goods & services from the private sector when commercially available, instead of competing with the private sector. This legislation will significantly reduce taxpayer resources wasted on duplicative (and often failing) enterprises, like the Census Bureau’s Census Household Panel (f.k.a., the Ask U.S. Panel), and focus the federal government on its core necessary responsibilities.
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Appropriations: Restoring Competitive Sourcing in the Federal Government
Starting in 1955, the federal government was prohibited from providing “services or products for its own use which could be procured from private enterprise through ordinary business channels” unless “clearly demonstrated... that it is not in the public interest.” Unfortunately, appropriations legislation regularly prevents such competitive sourcing. The Insights Association advocates lifting this prohibition, reopening the possibility of competitive sourcing and saving significant taxpayer money.
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Freedom to Invest in Tomorrow’s Workforce Act (S. 722, H.R. 1477)
The Insights Association supports the bipartisan, bicameral Freedom to Invest in Tomorrow’s Workforce Act (S. 722, H.R. 1477), which would expand qualified expenses under 529 savings plans to include postsecondary training and credentialing, such as licenses and professional certifications and certificates. The Act would provide valuable tax-advantaged resources for families, students and workers -- with or without a college degree -- who pursue career growth, mid-career changes or pathways that diverge from a typical academic route.
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The Census Bureau’s American Community Survey (ACS)
Data from the ACS is essential for producing reliable statistical samples for most any insights study in the United States, but H.R. 7399 would kill the survey outright.
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The Protecting Americans’ Data from Foreign Adversaries Act
The Protecting Americans’ Data from Foreign Adversaries Act (PADFA) prohibits some companies from disclosing, sharing or selling some common market research data with the People’s Republic of China, Russia, North Korea, and Iran, or any company based in, or under minimal control by, them. Unfortunately, compliance with the new law will be difficult (if not impossible) for most affected companies..
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Florida H.B. 473 and S.B. 658: Safe Harbor from Data Security Lawsuits for ISO Certified Entities
The Insights Association supports Florida H.B. 473 and S.B. 658, companion bills that would protect companies and organizations against data security breach liability if they abide by good cybersecurity standards, including ISO 27001. This legislation would generally incentivize many businesses, especially small businesses, to properly protect Florida consumers’ personal data (and themselves from data security breaches).
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