05.16.02

Senate Judiciary Committee Unanimously Approves Cantwell's Identity Theft Victims Assistance Act of 2002

WASHINGTON, DC - Senator Maria Cantwell's (D-WA) Identity Theft Victims Assistance Act of 2002 was unanimously approved today by the Senate Judiciary Committee less than six months after it was introduced. Cantwell's legislation protects consumers by giving identity theft victims the tools they need to help catch identity thieves and restore the victims' good names.

"Too often, victims of identity theft must become their own private investigators to clear their good name," Cantwell said. "This bill will make sure they get the records they need to protect their identities and financial security. I am optimistic that we will be able to pass this bill in the full Senate because protecting people's identity is something we all agree is important."

The Judiciary Committee approved the legislation on a bipartisan, unanimous vote. Co-sponsors include Senators Mike Enzi (R-WY), Charles Schumer (D-NY), Charles Grassley (R-IA), and Judiciary Committee Chairman Patrick Leahy (D-VT). The bill is also supported by the National Center for the Victims of Crime, the Fraternal Order of Police, Consumers Union, Identity Theft Resource Center, Police Executive Forum, Privacy Rights Clearinghouse, Amazon.com. The National Association of Attorneys General (NAAG) sent a letter supporting federal legislation to assist victims of identity theft signed by 22 attorneys general. Cantwell's bill follows NAAG's recommendations. The legislation is based on Washington state law drafted by Washington state Attorney General Christine Gregoire.

Summary of Sen. Cantwell's S. 1742, the Identity Theft Victims Assistance Act of 2002

Establishes a nation-wide process for victims of identity theft to obtain business records related to an identity theft, to facilitate the victim's correction of false records and assist law enforcement in obtaining evidence to apprehend the identity thieves. Clarifies that for victims of identity theft, the statute of limitations for the Fair Credit Reporting Act will be five years, rather than the current two, addressing the Supreme Court's decision in TRW v. Andrews. Requires consumer credit reporting agencies to block reporting of bad credit that arises from identity theft. Expands the role of the federal Coordinating Committee on False Identification beyond the current mandate to review federal enforcement of identity theft law, to examine: state and local enforcement, and report to Congress on how the federal government can better help state and local identity theft law enforcement, and how the federal government can best provide timely and current information regarding terrorists or terrorist activity as such information relates to identity theft.