NCISS Members Blanket Capitol Hill

 
Fifty eight members of NCISS spent a day this week button-holing members of Congress and their staffs to educate them about issues of concern to the investigative and security professions.

Several of the participants in the annual "hit the hill" day were first timers. Following the lobbying effort many said they enjoyed the experience immensely and pledged to come back next April when NCISS will hold its 2012 "hit the hill."

Many issues affecting NCISS members were discussed with Congress. These included discussion of why private investigators need access to personal information, including social security numbers, and why it is sometimes necessary to use a pretext during the course of a lawful investigation. Several other issues were discussed, including legislation which would ban the use of GPS tracking.

Obama Jobs Bill Creates Civil Rights Act Protection for the Unemployed
Section 371 of President Obama's "American Jobs Act" would make it unlawful to "fail or refuse to hire an individual as an employee because of the individual's status as unemployed". Enforcement would be under Title VII of the Civil Rights Act, with similar penalties for violations. The Equal Employment Opportunity Commission (EEOC) would have the same powers as they do to enforce existing civil rights laws.

Earlier this year the EEOC held a hearing in which it was clear that the Commission was considering further restrictions on access to criminal history information. The EEOC staff believes that criminal history information discriminates against minorities which have a higher rate of incarceration.

Following the hearing, I submitted official "public comments" to the EEOC on behalf of NCISS. I pointed out why it is critical that we continue to have access to criminal histories. The EEOC may either revise existing guidelines on the use of such data or submit a proposed rule on the matter in the Federal Register.

NCISS Washington Advocate Larry Sabbath met Wednesday with an industry coalition, formed by the Consumer Data Industry Association and National Association of Professional Background Screeners to respond to these challenges at both the EEOC and in Congress. This coalition is working to develop the data necessary to fight potential restrictions on access to criminal histories as well as to credit records.

Senate Judiciary Committee Starts Consideration of Data Breach Bill
The Senate Judiciary Committee has started consideration of S 1151, Committee Chair Pat Leahy's "Personal Data Privacy and Security Act of 2011." The bill requires notification to individuals and law enforcement when a breach occurs and also imposes a requirement on businesses that hold more than 10,000 records to develop a comprehensive data protection plan. Pending when the Committee adjourned is an amendment by Senator Chuck Grassley (R-IA) to strike the requirement for a protection plan. No amendment has surfaced so far to limit access to Social Security numbers. Action on the bill will resume next week.

I'd like to thank everyone who participated and sponsored the 2011 Hit the Hill campaign. We'll back in Washington, DC as a group next April for the 2012 Hit the Hill campaign and I look forward to seeing you and many more investigative and security professionals supporting NCISS.


The National Council of Investigation and Security Services, Inc., is a cooperative effort of those companies and associations responsible for providing private security and investigation services to the legal profession, business community, government and the public. For additional information, contact us at jim@nciss.org