S 188 IS

                                108th CONGRESS

                                  1st Session

                                    S. 188

To impose a moratorium on the implementation of data-mining under the 
Total Information Awareness program of the Department of Defense and 
any similar program of the Department of Homeland Security, and for 
other purposes.

                      IN THE SENATE OF THE UNITED STATES

                               January 16, 2003

Mr. FEINGOLD (for himself, Mr. CORZINE, Mr. WYDEN, and Mr. NELSON of 
Florida) introduced the following bill; which was read twice and 
referred to the Committee on the Judiciary

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                                    A BILL

To impose a moratorium on the implementation of data-mining under the Total
Information Awareness program of the Department of Defense and any similar
program of the Department of Homeland Security, 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 `Data-Mining Moratorium Act of 2003'.

SEC. 2. FINDINGS.

      Congress makes the following findings:

           (1) Use of advanced technology is an essential tool in the fight
           against terrorism.

           (2) There has been no demonstration that data-mining by a
           government, including data-mining such as that which is to occur
           under the Total Information Awareness program, is an effective
           tool for preventing terrorism.

           (3) Data-mining under the Total Information Awareness program or a
           similar program would provide the Federal Government with access
           to extensive files of private as well as public information on an
           individual.

           (4) There are significant concerns regarding the extent to which
           privacy rights of individuals would be adversely affected by
           data-mining carried out by their government.

           (5) Congress has not reviewed any guidelines, rules, or laws
           concerning implementation and use of data-mining by Federal
           Government agencies.

SEC. 3. MORATORIUM ON IMPLEMENTATION OF TOTAL INFORMATION AWARENESS PROGRAM
FOR DATA MINING.

      (a) MORATORIUM- During the period described in subsection (b), no
      officer or employee of the Department of Defense or the Department of
      Homeland Security may take any action to implement or carry out for
      data-mining purposes any part of (including any research or development
      under)--

           (1) the Department of Defense component of the Total Information
           Awareness program or any other data-mining program of the
           Department of Defense; or

           (2) any data-mining program of the Department of Homeland Security
           that is similar or related to the Total Information Awareness
           program.

      (b) MORATORIUM PERIOD- The period referred to in subsection (a) for a
      department of the Federal Government is the period beginning on the
      date of the enactment of this Act and ending on the date (after the
      date of the enactment of this Act) on which there is enacted a law
      specifically authorizing data-mining by such department.

SEC. 4. REPORTS ON DATA-MINING ACTIVITIES.

      (a) REQUIREMENT FOR REPORT- The Secretary of Defense, the Attorney
      General, and the head of each other department or agency of the Federal
      Government that is engaged in any activity to use or develop
      data-mining technology shall each submit to Congress a report 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 activity.

           (2) A thorough discussion of the plans for the use of such
           technology.

           (3) A thorough discussion of the policies, procedures, and
           guidelines that are to be applied in the use of such technology
           for data-mining in order to--

                (A) protect the privacy rights of individuals; and

                (B) ensure that only accurate information is collected.

      (c) TIME FOR REPORT- Each report required under subsection (a) shall be
      submitted not later than 90 days after the date of the enactment of
      this Act.

SEC. 5. CONSTRUCTION OF PROVISIONS.

      Nothing in this Act shall be construed to preclude the Department of
      Defense or the Department of Homeland Security from conducting--

           (1) computer searches of public information; or

           (2) computer searches that are based on a particularized suspicion
           of an individual.

END