EPIC's list of privacy related legislation

[James Love <love@tap.org>]

The following is a list of pending bills that have important privacy 
implications.  It was prepared by Dave Banisar, one of the hardest 
working privacy advocates in the U.S., who works for EPIC, one of the 
best privacy groups in the U.S.   jamie love, TAP

---------- Forwarded message ----------
Date: Tue, 28 Feb 1995 23:08:34 -0800
From: Dave Banisar <banisar@epic.org>
Subject: EPIC Legislative Update 2.2

Privacy Legislation 104th Congress
Electronic Privacy Information Center
Last updated 2.23.95

An updated version of this document and the text of the
bills are available from cpsr.org /cpsr/privacy/epic/104th_congress_bills/

Quality Assurance in Drug Testing Act (HR 153). Introduced by Rep. Solomon.
Prohibits random drug tests, requires that employers have explicit written
policies and education, use certified labratories. Referred to Committee on
Commerce.

Individual Privacy Protection Act of 1995 (HR 184) Introduced by Rep. Collins
(D-ILL).Creates national Privacy Commission with authority to oversee
enforcement of Privacy Act. Referred to Committee on Government Reform and
Oversight.

Antitrust Reform Act of 1995 (HR 411). Introduced by Rep. Dingell (D-MI). 
Telecommunications reform bill. Includes section ordering FCC to conduct
privacy survey of new technologies and places limits on use of Customer
Propriety Number Information (CPNI). Referred to Committee on Commerce.

Postal Privacy Act of 1995 (HR 434) Introduced by Rep. Condit (D-CA).
Prohibits Post Office from selling personal information to direct marketers.
Referred to Committee on Government Reform and Oversight

Fair Health Information Practices Act of 1995 (HR 435). Introduced by Rep.
Condit (D-CA). Health Care privacy bill. Sets limits of access,use and
dissemination of personal medical information. Referred to Committee on
Commerce and 2 other committees.

Consumer Reporting Reform Act of 1995 (HR 561). Introduced by Rep. Gonzales
(D-TX). Updates 1970 Fair Credit Reporting Act to require better accuracy,
less expensive credit reports, limit use of credit records for direct
marketing and prohibit most uses of reports by employers. Referred to the
Committee on Banking and Financial Services.

***Bills that will negatively affect privacy***

The Taking Back Our Streets Act of 1995 (HR 3). Introduced by Rep. McCollum.
Republician Crime Bill. Includes provision to substantially limit judicial
sanctions for illegal searches (exclusionary rule). Referred to Committee on
the Judiciary. Hearings held 1/19/95

FBI Counterintelligence Act of 1995 (HR 68). Introduced by Rep. Bereuter.
Authorizes easier access to credit reports by FBI for "national security
purposes." Referred to Committee on Banking and Financial Services

Interstate Child Support Enforcement Act (HR 195) Introduced by Rep. Roukema
(R-NJ).  Extends access to federal, state, local and commerical databases for
purposes of enforcing child support. Increases use of Social Security Numbers.
Creates database of new hires. Referred to Committee on Ways and Means and 3
other committees.

Social Security Account Number Anti-Fraud Act (HR 502). Introduced by Rep.
Calvert (R) Amends the Social Security Act to require the Secretary of Health
and Human Services to establish a program to verify employee social security
information, and to require employers to use the program using 800# to verify
employee. Referred to Ways and Means.

Immigration Reform Act of 1995 (HR 560). Introduced by Gallegly. Requires
introduction of new tamperproof id cards for immigrants.
Referred to the Committee on the Judiciary.

Act to enforce Employer Sanctions law (HR 570). Introduced by
Beilenson. Requires issues of new Social Security Card which is
"counterfeit-resistant ... contains fingerprint identification,
barcode validation, a photograph, or some other identifiable feature."
Card will be sole identification allowed for work authorization. Referred to
Committee on Ways and Means and Judiciary Committees.

Exclusionary Rule Reform Act of 1995 (HR 666). Introduced by Rep.
McCollum (R-FL). Allows introduction of evidence obtained by
illegal search or siezure that violates 4th Amend, statute or
rule of procedure if "objective belief" that search or siezure legal.
May allow illegal wiretaps, house searches to be used. Does not 
apply to IRS and BATF. Rejected amendment by Watt (D-NC) to replace language
with that of 4th Amendment. Passed by House Feb 8, 1995.

Criminal Alien Deportation Improvements Act of 1995 (HR 668). Introduced by
Smith (R-TX). Authorizes wiretaps for investigations of
llegal immigration. Passed by House Feb 10. Referred to Senate 
Judiciary Committee.

Illegal Immigration Control Act of 1995 (HR 756). Introduced by Hunter.
Authorized Wiretaps for illegal immigration investigations,
false id. Requires issuence of "enhanced" Social Security cards to
all citizens and resident aliens by year 2000 that will include photo, SSN,
and are machine readable. Orders Attorney General to create databases for
verification. Referred to Committee on Judiciary.

Child Support Responsibility Act of 1995 (HR 785). Introduced by Johnson
(R-Conn). Makes SSN of parents public record by requiring their use on birth
cirtificates and marriage liscenses. Referred to the Committee on Ways and
Means.

Paperwork Reducation Act of 1995 (HR 830). Introduced by 
Controversal provision to benefit West Publishing limiting access
to public records removed after Internet campaign by TAP. Passed
by House Feb. 22 (418-0). House Report 104-37. See S. 244 below.

Communications Decency Act of 1995 (HR 1004). Introduced by Johnson
(SD). Same as Exon bill (see S. 314 below). Referred to Commerce and
Judiciary Committees.

****************************************************************
Senate Bills
****************************************************************

Violent Crime Control and Law Enforcement Improvement Act of 1995 (S. 3).
Senate Republician Crime Bill. Introduced by Dole. Includes provision to
substantially limit judicial sanctions for illegal searches (exclusionary
rule). Allows wiretapping for immigration, and false documents, allows
participation of foreign governments in domestic wiretapping and disclosure of
info to foreign law enforcement agencies.   Referred to Committee on the
Judiciary

Family Health Insurance Protection Act (S. 7). Introduced by Senator
Daschle(D-SD). Democratic Health Care Bill. Sets national standards for
transfer, privacy of medical records. Referred to Committee on Finance.

Exclusionary Rule Limitation Act of 1995 (S. 54). Introduced by Thurman. (See
HR 666 above).

Paperwork Reduction Act of 1995 (S. 244) Introduced by Sen. Nunn (D-GA).
Renews 1980 Paperwork Reduction Act. Sets OMB as controller
of information policy in government. Sets standards for collection, use,
protection of statistical information.  Referred to Committee on Government
Affairs. Approved by Committee Feb. 14.

Immigrant Control and Financial Responsibility Act of 1995 (S. 269).
Introduced by Sen. Dole and Simpson. Creates national registry for 
workplace verification. Increases use of wiretaps for immigration
purposes. Referred to the Committee on the Judiciary

Communications Decency Act of 1995 (S. 314). Introduced by Sen. Exon
(D-NE). Revises Communications Act to make transmittal of sexually
oriented communications a crime. Makes anonymous communications that 
are "annoying" a crime. Senate Committee on Commerce, Science and
Transportation. See EPIC alert 2.03 for more information.

Interstate Child Support Responsibility Act of 1995 (S. 456). Introduced by
Bradley (D-NJ). Creates databank of new hires. Allows datamatching with SSA
for verification. Increases use of SSN.
Referred to the Committee on Finance.

_________________________________________________________________________
Subject: EPIC Legislative Update 2.23
_________________________________________________________________________
David Banisar (Banisar@epic.org)       * 202-544-9240 (tel)
Electronic Privacy Information Center * 202-547-5482 (fax)
666 Pennsylvania Ave, SE, Suite 301  * ftp/gopher/wais cpsr.org 
Washington, DC 20003                * HTTP://epic.digicash.com/epic