[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1544 Introduced in Senate (IS)]
1st Session
S. 1544
To provide for data-mining reports to Congress.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31 (legislative day, July 21), 2003
Mr. Feingold introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for data-mining reports to Congress.
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 ``Data-Mining Reporting Act of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Data-mining.--The term ``data-mining'' means a query or
search or other analysis of 1 or more electronic databases,
where--
(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) the search does not use a specific individual's
personal identifiers to acquire information concerning
that individual; and
(C) a department or agency of the Federal
Government is conducting the query or search or other
analysis to find a pattern indicating terrorist or
other criminal activity.
(2) Database.--The term ``database'' does not include
telephone directories, 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.
SEC. 3. REPORTS ON DATA-MINING ACTIVITIES.
(a) Requirement for Report.--The head of each department or agency
of the Federal Government that is engaged in any activity to use or
develop data-mining technology shall each submit a public report to
Congress on all such activities of the department or agency under the
jurisdiction of that official.
(b) Content of Report.--A report submitted under subsection (a)
shall include, for each activity to use or develop data-mining
technology that is required to be covered by the report, the following
information:
(1) A thorough description of the data-mining technology
and the data that will be used.
(2) A thorough discussion of the plans for the use of such
technology and the target dates for the deployment of the data-
mining technology.
(3) An assessment of the likely efficacy of the data-mining
technology in providing accurate and valuable information
consistent with the stated plans for the use of the technology.
(4) An assessment of the likely impact of the
implementation of the data-mining technology on privacy and
civil liberties.
(5) A list and analysis of the laws and regulations that
govern the information to be collected, reviewed, gathered, and
analyzed with the data-mining technology and a description of
any modifications of such laws that will be required to use the
information in the manner proposed under such program.
(6) A thorough discussion of the policies, procedures, and
guidelines that are to be developed and applied in the use of
such technology for data-mining in order to--
(A) protect the privacy and due process rights of
individuals; and
(B) ensure that only accurate information is
collected and used.
(7) A thorough discussion of the procedures allowing
individuals whose personal information will be used in the
data-mining technology to be informed of the use of their
personal information and what procedures are in place to allow
for individuals to opt out of the technology. If no such
procedures are in place, a thorough explanation as to why not.
(8) Any necessary classified information in an annex that
shall be available to the Committee on 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.
(c) Time for Report.--Each report required under subsection (a)
shall be--
(1) submitted not later than 90 days after the date of the
enactment of this Act; and
(2) updated once a year and include any new data-mining
technologies.
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