S. 1484Senate108th Congress (2003-2005)In Committee

Citizens' Protection in Federal Databases Act

Sponsored by Ron WydenSen. Ron Wyden (D-OR)
Introduced July 29, 2003

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S10150-10151)

July 29, 2003

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SenateIntro Referral

Introduced in Senate

July 29, 2003

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S10149-10150)

July 29, 2003

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S10150-10151)

July 29, 2003

Floor Debate

20 members

What members said about S. 1484 on the floor

4 Republicans16 Democrats
Max Baucus
Sen. Max BaucusD-MT · May 23, 2003

Mr. President, today we are discussing legislation to raise the statutory limit on the Federal debt, the ceiling on how much the Treasury Department can borrow. It is a very important matter. The…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Jul 29, 2003

Mr. President, it is a privilege to join Senator Dodd and other colleagues in introducing the Head Start Coordination and School Readiness Act. Our goal is to reauthorize Head Start and continue this…

Don Nickles
Sen. Don NicklesR-OK · May 23, 2003

I suggest the absence of a quorum. Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I have just a couple of comments. This resolution says…

Ernest F. Hollings
Sen. Ernest F. HollingsD-SC · May 23, 2003

I have an amendment at the desk and ask the clerk to report. Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with. Mr. President, this merely stops the Secretary…

Paul S. Sarbanes
Sen. Paul S. SarbanesD-MD · May 23, 2003

Mr. President, I rise today to express my concern about the pending legislation, which raises the Federal debt limit by almost $1 trillion. In my view, this legislation shows very clearly that the…

Show 8 more
Russell D. Feingold
Sen. Russell D. FeingoldD-WI · Jul 29, 2003

Mr. President, today I am introducing legislation to strengthen the Buy American Act of 1933, the statute that governs procurement by the federal government. The name of the act accurately and…

Russell D. Feingold
Sen. Russell D. FeingoldD-WI · May 23, 2003

I yield for the purpose of a question. It sounds like a good plan. I hope that is done while I offer my amendment. Thank you, Mr. President. I send an amendment to the desk. Mr. President, I ask…

Robert C. Byrd
Sen. Robert C. ByrdD-WV · May 23, 2003

Mr. President, the Senate is considering legislation to raise the statutory debt limit by $1 trillion. This increase is the largest in the history of the Republic-- surpassing by a whopping $100…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Jul 29, 2003

Mr. President, I am pleased to be joined today by my colleague, the ranking member of the Committee on Health, Education, Labor, and Pensions, Senator Kennedy, and Senators Harkin, Mikulski,…

Arlen Specter
Sen. Arlen SpecterR-PA · Jul 29, 2003

Mr. President, I have sought recognition to explain briefly the provisions of legislation I have introduced today that would direct the Secretary of the Army to award the Combat Medical Badge, CMB,…

Jack Reed
Sen. Jack ReedD-RI · Jul 29, 2003

Mr. President, I rise today as a cosponsor of the Head Start School Readiness and Coordination Act. Since 1965, Head Start has provided comprehensive early childhood development, educational, health,…

Maria Cantwell
Sen. Maria CantwellD-WA · May 23, 2003

Will the Senator from Maryland yield for a question? I am interested in your---- Mr. THOMAS addressed the Chair. The Senator's understanding of Senator Kennedy's amendment. I am concerned with the…

Frank R. Lautenberg
Sen. Frank R. LautenbergD-NJ · May 23, 2003

Mr. President, President Bush inherited the strongest economy in history and has run it into the ground. When he took office in January 2001, the Congressional Budget Office, CBO, was forecasting a…

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Christopher J. Dodd
Sen. Christopher J. DoddD-CT · May 23, 2003

Mr. President, I rise today to speak about the vote that just took place to increase the debt ceiling. The national debt is growing larger and larger, and yet just several hours ago the Senate passed…

John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · May 23, 2003

Mr. President, I rise today in strong support of extending the Temporary Extended Unemployment Compensation (TEUC) program. Congress created this program in March of last year to provide federally…

Ron Wyden
Sen. Ron WydenD-OR · Jul 29, 2003

Mr. President, I believe the United States can fight terrorism ferociously without gutting civil liberties. The point of the legislation I am introducing today is to address concerns that have arisen…

Ron Wyden
Sen. Ron WydenD-OR · Jul 29, 2003

Mr. President, I believe the United States can fight terrorism ferociously without gutting civil liberties. The point of the legislation I am introducing today is to address concerns that have arisen…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · May 23, 2003

Mr. President, I call up my amendment No. 832. Madam President, I ask unanimous consent that further reading of the amendment be dispensed with. Yes. We would like to have 12 minutes on our side.…

Craig Thomas
Sen. Craig ThomasR-WY · May 23, 2003

I have just a couple of remarks. I think we need to understand where we are. I think most of us do, as a matter of fact. We have heard from the Secretary of the Treasury, of course, on the final…

Thomas A. Daschle
Sen. Thomas A. DaschleD-SD · May 23, 2003

I have an amendment at the desk. I ask for its immediate consideration. I ask unanimous consent that the reading of the amendment be dispensed with. I ask unanimous consent that there be a 10-minute…

John F. Kerry
Sen. John F. KerryD-MA · May 23, 2003

Mr. President, since December 2002, the Treasury Department has made three requests to Congress for an unspecified increase in the debt limit. Last year, the administration asked for a $700 billion…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Jul 29, 2003

Mr. President, I rise today to introduce the Congressional Responsibility for Immigration Act, a bill to deny fast-track procedures to trade agreements that include immigration provisions. We have…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · Jul 29, 2003

Mr. President, I rise today to express my strong support for the Head Start Readiness and Coordination Act, of which I am a proud original co-sponsor. I want to commend Senator Dodd and Senator…

Lincoln Chafee
Sen. Lincoln ChafeeR-RI · Jul 29, 2003

Mr. President, today I introduce the POPs, LRTAP POPs, and PIC Implementation Act of 2003, along with Senator Jeffords. This legislation implements the Stockholm Convention on Persistent Organic…

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in SenateIssued July 29, 2003
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1484 Introduced in Senate (IS)]

108th CONGRESS
1st Session
S. 1484

To require a report on Federal Government use of commercial and other
databases for national security, intelligence, and law enforcement
purposes, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

July 29 (legislative day, July 21), 2003

Mr. Wyden introduced the following bill; which was read twice and
referred to the Committee on the Judiciary

_______________________________________________________________________

A BILL

To require a report on Federal Government use of commercial and other
databases for national security, intelligence, and law enforcement
purposes, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Citizens' Protection in Federal
Databases Act''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) Many Federal national security, law enforcement, and
intelligence agencies are currently accessing large databases,
both public and private, containing information that was not
initially collected for national security, law enforcement, or
intelligence purposes.
(2) These databases contain personal and sensitive
information on millions of United States persons.
(3) Some of these databases are subject to Federal privacy
protections when in private sector control.
(4) Risks to personal privacy are heightened when personal
information from different sources, including public records,
is aggregated in a single file and made accessible to thousands
of national security, law enforcement, and intelligence
personnel.
(5) It is unclear what standards, policies, procedures, and
guidelines govern the access to or use of these public and
private databases by the Federal Government.
(6) It is unclear what Federal Government agencies believe
they legally can and cannot do with the information once
acquired.
(7) The Federal Government should be required to adhere to
clear civil liberties and privacy standards when accessing
personal information.
(8) There is a need for clear accountability standards with
regard to the accessing or usage of information contained in
public and private databases by Federal agencies.
(9) Without accountability, individuals and the public have
no way of knowing who is reading, using, or disseminating
personal information.
(10) The Federal Government should not access personal
information on United States persons without some nexus to
suspected counterintelligence, terrorist, or other illegal
activity.

SEC. 3. LIMITATION ON USE OF FUNDS FOR PROCUREMENT OR ACCESS OF
COMMERCIAL DATABASES PENDING REPORT ON USE OF
INFORMATION.

(a) Limitation.--Notwithstanding any other provision of law,
commencing 60 days after the date of the enactment of this Act, no
funds appropriated or otherwise made available to the Department of
Justice, the Department of Defense, the Department of Homeland
Security, the Central Intelligence Agency, the Department of Treasury,
or the Federal Bureau of Investigation may be obligated or expended by
such department or agency on the procurement of or access to any
commercially available database unless such head of such department or
agency submits to Congress the report required by subsection (b) not
later than 60 days after the date of the enactment of this Act.
(b) Report.--(1) The Attorney General, the Secretary of Defense,
the Secretary of Homeland Security, the Secretary of the Treasury, the
Director of Central Intelligence, and the Director of the Federal
Bureau of Investigation shall each prepare, submit to the appropriate
committees of Congress, and make available to the public a report, in
writing, containing a detailed description of any use by the department
or agency under the jurisdiction of such official, or any national
security, intelligence, or law enforcement element under the
jurisdiction of the department or agency, of databases that were
obtained from or remain under the control of a non-Federal entity, or
that contain information that was acquired initially by another
department or agency of the Federal Government for purposes other than
national security, intelligence or law enforcement, regardless of
whether any compensation was paid for such databases.
(2) Each report shall include--
(A) a list of all contracts, memoranda of understanding, or
other agreements entered into by the department or agency, or
any other national security, intelligence, or law enforcement
element under the jurisdiction of the department or agency for
the use of, access to, or analysis of databases that were
obtained from or remain under the control of a non-Federal entity, or
that contain information that was acquired initially by another
department or agency of the Federal Government for purposes other than
national security, intelligence, or law enforcement;
(B) the duration and dollar amount of such contracts;
(C) the types of data contained in the databases referred
to in subparagraph (A);
(D) the purposes for which such databases are used,
analyzed, or accessed;
(E) the extent to which such databases are used, analyzed,
or accessed;
(F) the extent to which information from such databases is
retained by the department or agency, or any national security,
intelligence, or law enforcement element under the jurisdiction
of the department or agency, including how long the information
is retained and for what purpose;
(G) a thorough description, in unclassified form, of any
methodologies being used or developed by the department or
agency, or any intelligence or law enforcement element under
the jurisdiction of the department or agency, to search,
access, or analyze such databases;
(H) an assessment of the likely efficacy of such
methodologies in identifying or locating criminals, terrorists,
or terrorist groups, and in providing practically valuable
predictive assessments of the plans, intentions, or
capabilities of criminals, terrorists, or terrorist groups;
(I) a thorough discussion of the plans for the use of such
methodologies;
(J) a thorough discussion of the activities of the
personnel, if any, of the department or agency while assigned
to the Terrorist Threat Integration Center; and
(K) a thorough discussion of the policies, procedures,
guidelines, regulations, and laws, if any, that have been or
will be applied in the access, analysis, or other use of the
databases referred to in subparagraph (A), including--
(i) the personnel permitted to access, analyze, or
otherwise use such databases;
(ii) standards governing the access, analysis, or
use of such databases;
(iii) any standards used to ensure that the
personal information accessed, analyzed, or used is the
minimum necessary to accomplish the intended legitimate
Government purpose;
(iv) standards limiting the retention and
redisclosure of information obtained from such
databases;
(v) procedures ensuring that such data meets
standards of accuracy, relevance, completeness, and
timeliness;
(vi) the auditing and security measures to protect
against unauthorized access, analysis, use, or
modification of data in such databases;
(vii) applicable mechanisms by which individuals
may secure timely redress for any adverse consequences
wrongfully incurred due to the access, analysis, or use
of such databases;
(viii) mechanisms, if any, for the enforcement and
independent oversight of existing or planned
procedures, policies, or guidelines; and
(ix) an outline of enforcement mechanisms for
accountability to protect individuals and the public
against unlawful or illegitimate access or use of
databases.

SEC. 4. GENERAL PROHIBITIONS.

(a) In General.--Notwithstanding any other provision of law, no
department, agency, or other element of the Federal Government, or
officer or employee of the Federal Government, may conduct a search or
other analysis for national security, intelligence, or law enforcement
purposes of a database based solely on a hypothetical scenario or
hypothetical supposition of who may commit a crime or pose a threat to
national security.
(b) Construction.--The limitation in subsection (a) shall not be
construed to endorse or allow any other activity that involves use or
access of databases referred to in section 3(b)(2)(A).

SEC. 5. DEFINITIONS.

In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence and the
Committee on the Judiciary of the Senate; and
(B) the Permanent Select Committee on Intelligence
and the Committee on the Judiciary of the House of
Representatives.
(2) Database.--The term ``database'' means any collection
or grouping of information about individuals that contains
personally identifiable information about individuals, such as
individual's names, or identifying numbers, symbols, or other
identifying particulars associated with individuals, such as
fingerprints, voice prints, photographs, or other biometrics.
The term does not include telephone directories or information
publicly available on the Internet without fee.
(3) United states person.--The term ``United States
person'' has the meaning given that term in section 101(i) of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801(i)).
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