[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1169 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1169

  To require reports to Congress on Federal agency use of data-mining


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2005

   Mr. Feingold (for himself, Mr. Sununu, Mr. Leahy, Mr. Akaka, Mr. 
Jeffords, and Mr. Wyden) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To require reports to Congress on Federal agency use of data-mining

    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 ``Federal Agency Data-Mining Reporting 
Act of 2005''.

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, 
        whereas--
                    (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) a department or agency of the Federal 
                Government or a non-Federal entity acting on behalf of 
                the Federal Government is conducting the query or 
                search or other analysis to find a predictive pattern 
                indicating terrorist or criminal activity; and
                    (C) the search does not use a specific individual's 
                personal identifiers to acquire information concerning 
                that individual.
            (2) Database.--The term ``database'' does not include 
        telephone directories, news reporting, 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 BY FEDERAL AGENCIES.

    (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 report to Congress 
on all such activities of the department or agency under the 
jurisdiction of that official. The report shall be made available to 
the public.
    (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 is being or will be used.
            (2) A thorough description of the goals and plans for the 
        use or development of such technology and, where appropriate, 
        the target dates for the deployment of the data-mining 
        technology.
            (3) An assessment of the efficacy or likely efficacy of the 
        data-mining technology in providing accurate information 
        consistent with and valuable to the stated goals and plans for 
        the use or development of the technology.
            (4) An assessment of the impact or likely impact of the 
        implementation of the data-mining technology on the privacy and 
        civil liberties of individuals.
            (5) A list and analysis of the laws and regulations that 
        govern the information being or to be collected, reviewed, 
        gathered, analyzed, or used with the data-mining technology.
            (6) A thorough discussion of the policies, procedures, and 
        guidelines that are in place or 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, reviewed, gathered, analyzed, or used.
            (7) Any necessary classified information in an annex that 
        shall be available to the Committee on Homeland Security and 
        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 uses or 
        development of data-mining technology.
                                 <all>