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Identity Theft Victims Assistance Act of 2002

Introduced: November 29, 2001 Introduced by: Cantwell, Maria Democratic · Washington See on congress.gov
 Everywhere this bill has been 14 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Nov 15, 2002
Received in the House.
Nov 15, 2002
Referred to the Committee on the Judiciary, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Nov 15, 2002
Referred to the Subcommittee on Financial Institutions and Consumer Credit, for a period to be subsequently determined by the Chairman.
Nov 15, 2002
Message on Senate action sent to the House.
Nov 14, 2002
Measure laid before Senate by unanimous consent. (consideration: CR S11052-11056; text of measure as reported in Senate: CR S11052-11053)
Nov 14, 2002
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S11053-11055)
Nov 14, 2002
Passed Senate with an amendment by Unanimous Consent. (text: CR S11053-11055)
May 21, 2002
Placed on Senate Legislative Calendar under General Orders. Calendar No. 382.
May 21, 2002
Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
May 16, 2002
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Mar 20, 2002
Committee on the Judiciary Subcommittee on Technology, Terrorism, and Government Information. Hearings held.
Nov 29, 2001
Read twice and referred to the Committee on the Judiciary.
Nov 29, 2001
Sponsor introductory remarks on measure. (CR S12162-12163)
Nov 29, 2001
Introduced in Senate
 Plain-English summary Congressional Research Service
Identity Theft Victims Assistance Act of 2002 - (Sec. 3) Amends the Federal criminal code to require a business entity that possesses information relating to an alleged identity theft, or that has entered into a transaction, provided credit, accepted payment, or otherwise done business with a person that has made unauthorized use of the victim's means of identification, within 20 days after the receipt of a victim's written request, to provide without charge a copy of all application and transaction information related to the alleged identity theft to: (1) the victim; (2) any Federal, State, or local governing law enforcement agency or officer specified by the victim; or (3) any law enforcement agency investigating the identity theft and authorized by the victim to take receipt of records provided under this section.

Requires the victim to provide specified proof of identity (such as the presentation of a government-issued identification card) and of a claim of identity theft (such as a copy of a police report or standardized affidavit made available by the Federal Trade Commission (FTC)). Limits the liability of a business entity for good faith disclosures meeting specified requirements.

Sets forth provisions regarding authority of such entity to decline to provide information and affirmative defenses.

Authorizes State attorneys general to bring civil actions on behalf of State residents where an interest of a resident has been, or is threatened to be, adversely affected by a violation of this section by a business entity. Requires the State attorney general to provide written notice of the action to the Attorney General of the United States, who shall have the right to intervene in that action.

(Sec. 4) Amends the Fair Credit Reporting Act (FCRA) to require a consumer reporting agency, within 30 days of receiving proof of the identity of a consumer and an official copy of a police report evidencing the claim of identity theft, to block the reporting of any information identified by the consumer in the consumer's file resulting from the identity theft so that the information cannot be reported. Sets forth circumstances under which the agency may decline to block or rescind any block of consumer information. Requires the affected consumer shall be notified promptly if the block is declined or rescinded.

Provides that a consumer reporting agency shall not be required to comply when it is issuing information for authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payment, based solely on negative information. Sets forth requirements regarding resellers and penalties for false claims of identity theft.

Makes the statute of limitations four years from the date of the violation if the plaintiff: (1) is the victim of an identity theft; or (2) has reasonable grounds to believe that the plaintiff is the victim of an identity theft and has not materially and willfully misrepresented such a claim.

(Sec. 5) Amends the Internet False Identification Prevention Act of 2000 to include the Chairman of the FTC, the Postmaster General, and the Commissioner of the U.S. Customs Service on the Coordinating Committee on False Identification. Extends the termination date for the Committee.

Requires the Attorney General and the Secretary of the Treasury, at the end of each year of the Committee's existence, to report on its activities to the Senate Committee on Banking, Housing, and Urban Affairs, and to the House Committee on Financial Services (in addition to the House and Senate Judiciary Committees, as under current law). Requires that report to include: (1) a comprehensive description of Federal assistance provided to State and local law enforcement agencies to address identity theft; (2) a comprehensive description of coordination activities between Federal, State, and local law enforcement agencies that address identity theft; and (3) recommendations in the President's discretion for certain legislative or administrative changes.

What's happening now November 15, 2002

Referred to the Subcommittee on Financial Institutions and Consumer Credit, for a period to be subsequently determined by the Chairman.

 Committees of jurisdiction 5