ROANOKE TIMES 
                      Copyright (c) 1997, Roanoke Times

DATE: Tuesday, February 18, 1997             TAG: 9702180118
SECTION: NATIONAL/INTERNATIONAL   PAGE: A-4  EDITION: METRO 
SOURCE: Newsday 


JUSTICE SUING TO LET FBI SKIRT VA. RULES PRIVATE INVESTIGATOR LAWS AT ISSUE

Despite all those movies portraying FBI agents and private detectives as blood enemies, the FBI now employs private eyes of its own.

The Justice Department has gone to court to try to block Virginia officials from forcing those private detectives to register as such with the state, obtain licenses, pay fees, post bonds and otherwise comply with laws governing other private investigators.

This curious tale of partial privatization of the world's most famous law-enforcement organization arises because of the FBI's responsibility for background investigations on, among others, potential government employees from the Cabinet level to the clerical level. The investigations are intended to prevent spies, criminals, security risks and other undesirables from entering government. For decades, the checks were carried out by FBI agents, but the bureau now farms out most of this work to former federal investigators working on a contract basis.

The Virginia Legislature passed a law requiring such investigators operating in that state to register with a state agency and obtain licenses. The Justice Department, unable to resolve the issue through negotiation, has filed suit in federal court in Alexandria, Va., asking that the state law be struck down as unconstitutional. The suit contends the state requirement would delay completion of federal background investigations and ``adversely affect the United States' national-security interests.''

The suit asks the federal court to declare the Virginia law null and void. About 150 of the investigators holding contracts with the FBI live and work in Virginia.

Officials in the Virginia attorney general's office who are contesting the suit said the legislature saw no reason why investigators working for the FBI should be exempt from regulations applying to other private eyes.


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