To require reports to Congress on Department of Homeland Security use of data-mining.

SA 4569. Mr. FEINGOLD (for himself and Mr. Sununu) submitted an
amendment intended to be proposed by him to the bill H.R. 5441, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2007, and for other purposes; which was
ordered to lie on the table; as follows:

On page 127, between lines 2 and 3, insert the following:

SEC. 540. DATA-MINING.

(a) Definitions.--In this section:
(1) Data-mining.--The term ``data-mining'' means a query or
search or other analysis of 1 or more electronic databases,
whereas--
(A) at least 1 of the databases was obtained from or
remains under the control of a non-Federal entity, or the
information was acquired initially by another department or
agency of the Federal Government for purposes other than
intelligence or law enforcement;
(B) a department or agency of the Federal Government or a
non-Federal entity acting on behalf of the Federal Government
is conducting the query or search or other analysis to find a
predictive pattern indicating terrorist or criminal activity;
and
(C) the search does not use a specific individual's
personal identifiers to acquire information concerning that
individual.
(2) Database.--The term ``database'' does not include
telephone directories, news reporting, information publicly
available via the Internet or available by any other means to
any member of the public without payment of a fee, or
databases of judicial and administrative opinions.
(b) Reports on Data-Mining Activities by the Department of
Homeland Security.--
(1) Requirement for report.--The head of each department or
agency in the Department of Homeland Security that is engaged
in any activity to use or develop data-mining technology
shall each submit a report to Congress on all such activities
of the agency under the jurisdiction of that official. The
report shall be made available to the public.
(2) Content of report.--Each report submitted under
paragraph (1) shall include, for each activity to use or
develop data-mining technology that is required to be covered
by the report, the following information:
(A) A thorough description of the data-mining technology
and the data that is being or will be used.
(B) A thorough description of the goals and plans for the
use or development of such technology and, where appropriate,
the target dates for the deployment of the data-mining
technology.
(C) An assessment of the efficacy or likely efficacy of the
data-mining technology in providing accurate information
consistent with and valuable to the stated goals and plans
for the use or development of the technology.
(D) An assessment of the impact or likely impact of the
implementation of the data-mining technology on the privacy
and civil liberties of individuals.
(E) A list and analysis of the laws and regulations that
govern the information being or to be collected, reviewed,
gathered, analyzed, or used with the data-mining technology.
(F) A thorough discussion of the policies, procedures, and
guidelines that are in place or that are to be developed and
applied in the use of such technology for data-mining in
order to--
(i) protect the privacy and due process rights of
individuals; and
(ii) ensure that only accurate information is collected,
reviewed, gathered, analyzed, or used.
(G) Any necessary classified information in an annex that
shall be available to the Committee on Homeland Security and
Governmental Affairs, the Committee on the Judiciary, and the
Committee on Appropriations of the Senate and the Committee
on Homeland Security, the Committee on the Judiciary, and the
Committee on Appropriations of the House of Representatives.
(3) Time for report.--Each report required under paragraph
(1) shall be submitted not later than 90 days after the end
of fiscal year 2007.
______