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ISPLA Legislative Updates

  • September 15, 2010
  • by PInow Staff

Below you will find a list of important federal bills which ISPLA has been and continues to work on everyday. Please review this information and make contact with your own representatives to let them know how your profession feels. With the elections right around the corner there is not a better time to get to know your representatives if you have not done so already.

HR 3306 Social Security Number and Privacy and Identity Theft Prevention Act of 2009 - Rep. John S. Tanner (D-TN-8) - Oppose - Prohibits sale, purchase and display to the general public of Social Security account number. No exception for necessary valid
use of such number by professional investigators conducting fraud and other lawful investigations.

Suggested Exceptions:
...to the extent necessary to identify or locate missing or abducted children, witnesses to an ongoing or potential civil or criminal lawsuit, criminals, criminal suspects, parties to lawsuits, parents delinquent in child support payments, organ and bone marrow donors, pension fund beneficiaries, missing heirs, and for similar legal, medical or family-related purposes if the person selling, providing, displaying, or obtaining the Social Security account number does not do so for marketing purposes." Additional exceptions might include fraud prevention and/or Drivers Privacy Protection Act of 1994 provision that allows an exception for investigations that reads in part "...in anticipation of litigation."

HR 122 Protecting the Privacy of Social Security Numbers Act Rep. Rodney P. Frelinghuysen (R-NJ-11) Support - Amends Title 18, United States Code, and the Social Security Act to limit the misuse of Social Security numbers and establishes criminal penalties for such misuse. It is important that the "business to business" exception remain in this proposed legislation. [Identical bill: Senate: S141
Sen. Dianne Feinstein (D-CA)].

S 3579 - Data Security Breach Act of 2010 Sen. Thomas E. Harper [D-DE] and Sen.Robert E. Bennett [R-UT] Watch - To protect information relating to consumers, torequire notice of security breaches, and for other purposes. It has been referred to the
Senate Committee on Banking, Housing, and Urban Affairs. ISPLA is concerned with the possibility that security breach and ID Theft bills may be used as a vehicle for questionable amendments. There are several such bills.

HR 3149 Equal Employment Act for All Rep. Steve Cohen (D-TN-9) Oppose - Amends Fair Credit Reporting Act to prohibit the use of consumer credit checks against prospective and current employees regarding adverse action. Pre-employment background screening and workplace and other investigations would be hindered.

Attempts to expunge criminal records:

HR 1529 Second Chance for Ex-Offenders Act of 2009 Rep. Charles Rangel (D-NY-15) Oppose - Creates mechanism for expunging non-violent federal criminal records, thus impacting the usefulness of background and pre-employment investigations, as well as the investigation of serious "white collar crime," generally non-violent.

HR 5492 Fresh Start Act of 2010 - Rep. Steve Cohen (D-KY) Oppose -
Expungement of certain criminal records in limited circumstances. File petition for expungement regarding nonviolent offense Not a crime of violence Not an offense involving substantial force against person or property May not be granted if required to be on Sex Offender Registration and Notification Act Offense caused victim(s) a loss not less $10,000

HR 5300, Fairness and Accuracy in Employment background Checks Act of 2010
Rep. Bobby Scott (D-VA-3) Amend - The provision in Section 5 prohibits an exchange of a criminal record "about an arrest more than one year old as of the date of the request for the exchange, that does not also include a disposition (if any) of that arrest." Provisions of bill could adversely affect integrity of vetting private investigators and security officers by state regulators for licensure or weapons carry permits. It also impacts the general integrity of criminal record histories. Recognizing that there are errors and incomplete dispositions in criminal records, ISPLA supports the bill's intent.
ISPLA's director of government affairs, Bruce Hulme, serves as the private investigation profession's sole board member of the International Association of Investigative and Security Regulators and in his capacity as such assisted in gaining the following IASIR resolution:

"As state regulators we utilize the FBI database of criminal histories to help determine the qualifications of individuals to carry weapons or to serve as security officers protecting the public. It is critical that the records be both complete and accurate. As Congress attempts to assure that the records are up to date and accurate, it is also essential that arbitrary time lines not be established that would result in dropping such records prior to their disposition."

Public records access:

HR 6098 - Incorporation Transparency and Law Enforcement Assistance Act - Rep.
Carolyn Maloney (D-NY-14) and Rep. Barney Frank (D-MA-4). Watch with possible Amendment - Would amend title 31, United States Code, to ensure that persons who form corporations in the United States disclose the beneficial owners of those corporations, in order to prevent wrongdoers from exploiting United States corporations for criminal gain, to assist law enforcement in detecting, preventing, and punishing terrorism, money laundering, and other misconduct involving United States corporations,
and for other purposes. ISPLA is reviewing this 13 page bill, and will seek clarification of record retention and subpoena access provisions to ensure incorporation records remain public.

Anti-Spoofing: Exception for legitimate use:
S 30 Truth in Caller ID Act of 2009 Sen. Bill Nelson (D-FL) Support Passed in
Senate Amends the Communications Act of 1934 to prohibit manipulation of caller - identification information. Contains intent to defraud, cause harm, or wrongfully obtain anything of value" clause. House version HR 1258 by Rep. Eliot Engel (D-NY-17). - Oppose Passed House but changed "intent" exception wording.

Anti-surveillance:

S 3214 Surreptitious Video Surveillance Act of 2010 Sen. Arlen Specter (D-PA) Amend - Prohibits any person from engaging in certain video surveillance except under the same conditions authorized under chapter 119 of title 18, United States Code, or as
authorized by the Foreign Intelligence Surveillance Act of 1978. ISPLA met with sponsor and draft language proposed by staff is acceptable.

HR 414 Camera Phone Predator Act Rep. Peter King (R-NY-3)
Oppose or Amend - Exception for licensed private investigators is warranted for lawfulsurveillance. Requires mobile phones with digital camera to sound a tone whenever a photograph is taken. In a far-fetched stretch, disabling or silencing the tone would purportedly violate a consumer product safety standard and require enforcement by the Consumer Product Safety Commission. The legislative intent thwarting "up-skirting" photos.


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