[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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