HIT THE HILL 2013! 

Mid-Term Meeting, Hit the Hill, and SAAB University     

April 15-17, 2013

Hit the Hill Necessary to Get Message Out

The first days of the new Congress have been filled with discussions about budget, taxes and politics. 

These major national issues are discussed endlessly on the front pages of the nation's newspapers, network broadcasts and Internet blogs and get all the attention.  Sometimes people become complacent because issues of concern are not getting attention in the media.  But behind the scenes, Congressional staffers are working diligently on many of the perennial issues NCISS has confronted over the years.  Our April "Hit the Hill" visits are critical for letting Congress know that there are constituents out there who care about serious issues and pay attention to legislation which may not garner the attention of the beltway press.

Weapons Bills Moving

One issue that is getting attention following the tragic events at Sandy Hook is weapons legislation.  The Senate Judiciary Committee has sent several bills to the Senate floor, mostly on party line votes.  These include S-54, the "Stop Illegal Trafficking in Firearms Act," S-146 "School Safety Enhancements Act," S-374 "Protecting Responsible Gun Sellers Act," and S-150 the "Assault Weapons Ban of 2013."  NCISS, working through our SCOLA coalition has urged Senators to exempt security officers and investigators from the provisions of S-150.

Senators opposing these bills have not actively worked to slow their process by offering numerous amendments. Senator Chuck Grassley (R-IA) is the top Republican on the Judiciary Committee and has been accommodating Chairman Pat Leahy's efforts to get these bills to the Senate floor even though he opposes many of them.  Conventional wisdom in Washington is that S-150 cannot pass and is highly unlikely to get out of the Senate.  In addition to broad Republican opposition, many Democrats are wary of voting for a ban on weapons and limits on magazine size.  Some Republican strategists look forward to having vulnerable Democratic Senators vote for this contentious legislation which is highly unpopular in many states.  In any case, no one in Washington thinks S-150 could pass in the House if it did emerge from the Senate.

Privacy Legislation Outlook

President Obama recently took several administrative actions in an attempt to improve US cybersecurity.  He is reported to have recently told the Chinese government to stop alleged hacking of American businesses and news organizations.  In addition, over the last several months "denial of service" attacks have been made against large financial institutions by some sophisticated hackers. These attacks overwhelm servers making it impossible for legitimate customers to access their accounts.  All of this activity has reinvigorated efforts by Senate Commerce Committee Chairman Jay Rockefeller to push a comprehensive bill to require major firms to coordinate Internet security with the federal government.

These recent attacks and the President's executive orders make consideration of a comprehensive bill more likely. NCISS is concerned that any such legislation will become a vehicle for possible amendments.

In addition, as we go to press there have been several articles in the Wall Street Journal discussing online data collection practices both in the United States and in Europe where data collection is highly restricted.  Also getting attention is the posting of personal financial information of public officials and Hollywood stars apparently hacked from the major credit bureaus.  We anticipate that data breach legislation and bills to limit data collection will soon be introduced. Last year the data collection bills were not limited to online activities and the breach bills included provisions limiting certain uses of pretexting. 

EEOC Rule Limiting Background Checks

Last year the Equal Employment Opportunity Commission (EEOC) issued an update of guidance for employers which outlines the EEOC's views of when employers are able to conduct preemployment background checks without violating the Civil Rights Act.  The update is highly controversial because it clearly posits that background checks are only appropriate in limited circumstances where the employer can demonstrate a clear relationship to a specific job.  We are concerned that employers will fear using routine background checks for fear of being sued by the EEOC or private plaintiffs.

NCISS is a member of a large coalition headed by National Association of Professional Background Screeners and the Consumer Data Industry Association that continues to work the issue.  Recent activities included the hearing at the Civil Rights Commission which was intended to show that in some instances the use of background checks actually help minority applicants who have clean backgrounds.  NCISS submitted a statement to the Commission. 

The recent Congressional action to cut the budgets of federal agencies known as the sequester has cut funding for the EEOC by $23-30 million, about 6-8 percent of the budget. Because most of the expenditures at the EEOC are for personnel, they are expected to cut it about ten percent and some reduction in the field employees will be down.  The budget process has some potential for finding a remedy for reducing the impact of the guidance.  Last year the House passed an amendment by Representative Quayle to deny the EEOC the funds to carry out this guidance, but it did not become law.  NCISS will continue to work with the coalition to obtain some relief on this critical issue.

Labor Board Appeals Decision Ruling Members Illegal

The National Labor Relations Board said it will file an appeal with the US Supreme Court to a decision in

Noel Canning v. NLRB that found that President Obama had made several invalid appointments to the Board while the Senate was in session.  The US Court of Appeals for the District of Colombia ruling means that the Board does not have a quorum for making decisions. 

NCISS will continue to keep on top of issues affecting investigators and security companies and represents members before Congress and the agencies.

Larry Sabbath

Legislative Advocate

On The Alert

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