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.

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

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