[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 236 Reported in Senate (RS)]






                                                       Calendar No. 184
110th CONGRESS
  1st Session
                                 S. 236

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 10, 2007

   Mr. Feingold (for himself, Mr. Sununu, Mr. Leahy, Mr. Akaka, Mr. 
Kennedy, Mr. Cardin, Mrs. Feinstein, and Mr. Whitehouse) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

                              June 4, 2007

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal Agency Data Mining 
Reporting Act of 2007''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Data mining.--The term ``data mining'' means a 
        query, search, or other analysis of 1 or more electronic 
        databases, where--</DELETED>
                <DELETED>    (A) a department or agency of the Federal 
                Government, or a non-Federal entity acting on behalf of 
                the Federal Government, is conducting the query, 
                search, or other analysis to discover or locate a 
                predictive pattern or anomaly indicative of terrorist 
                or criminal activity on the part of any individual or 
                individuals; and</DELETED>
                <DELETED>    (B) the query, search, or other analysis 
                does not use personal identifiers of a specific 
                individual, or inputs associated with a specific 
                individual or group of individuals, to retrieve 
                information from the database or databases.</DELETED>
        <DELETED>    (2) Database.--The term ``database'' does not 
        include telephone directories, news reporting, information 
        publicly available to any member of the public without payment 
        of a fee, or databases of judicial and administrative 
        opinions.</DELETED>

<DELETED>SEC. 3. REPORTS ON DATA MINING ACTIVITIES BY FEDERAL 
              AGENCIES.</DELETED>

<DELETED>    (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 shall 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, except 
for a classified annex described in subsection (b)(8).</DELETED>
<DELETED>    (b) Content of Report.--Each report submitted under 
subsection (a) shall include, for each activity to use or develop data 
mining, the following information:</DELETED>
        <DELETED>    (1) A thorough description of the data mining 
        activity, its goals, and, where appropriate, the target dates 
        for the deployment of the data mining activity.</DELETED>
        <DELETED>    (2) A thorough description of the data mining 
        technology that is being used or will be used, including the 
        basis for determining whether a particular pattern or anomaly 
        is indicative of terrorist or criminal activity.</DELETED>
        <DELETED>    (3) A thorough description of the data sources 
        that are being or will be used.</DELETED>
        <DELETED>    (4) An assessment of the efficacy or likely 
        efficacy of the data mining activity in providing accurate 
        information consistent with and valuable to the stated goals 
        and plans for the use or development of the data mining 
        activity.</DELETED>
        <DELETED>    (5) An assessment of the impact or likely impact 
        of the implementation of the data mining activity on the 
        privacy and civil liberties of individuals, including a 
        thorough description of the actions that are being taken or 
        will be taken with regard to the property, privacy, or other 
        rights or privileges of any individual or individuals as a 
        result of the implementation of the data mining 
        activity.</DELETED>
        <DELETED>    (6) 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 activity.</DELETED>
        <DELETED>    (7) 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--</DELETED>
                <DELETED>    (A) protect the privacy and due process 
                rights of individuals, such as redress procedures; 
                and</DELETED>
                <DELETED>    (B) ensure that only accurate information 
                is collected, reviewed, gathered, analyzed, or 
                used.</DELETED>
        <DELETED>    (8) Any necessary classified information in an 
        annex that shall be available, as appropriate, to the Committee 
        on Homeland Security and Governmental Affairs, the Committee on 
        the Judiciary, the Select Committee on Intelligence, and the 
        Committee on Appropriations of the Senate and the Committee on 
        Homeland Security, the Committee on the Judiciary, the 
        Permanent Select Committee on Intelligence, and the Committee 
        on Appropriations of the House of Representatives.</DELETED>
<DELETED>    (c) Time for Report.--Each report required under 
subsection (a) shall be--</DELETED>
        <DELETED>    (1) submitted not later than 180 days after the 
        date of enactment of this Act; and</DELETED>
        <DELETED>    (2) updated not less frequently than annually 
        thereafter, to include any activity to use or develop data 
        mining engaged in after the date of the prior report submitted 
        under subsection (a).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Agency Data Mining Reporting 
Act of 2007''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Data mining.--The term ``data mining'' means a program 
        involving pattern-based queries, searches, or other analyses of 
        1 or more electronic databases, where--
                    (A) a department or agency of the Federal 
                Government, or a non-Federal entity acting on behalf of 
                the Federal Government, is conducting the queries, 
                searches, or other analyses to discover or locate a 
                predictive pattern or anomaly indicative of terrorist 
                or criminal activity on the part of any individual or 
                individuals;
                    (B) the queries, searches, or other analyses are 
                not subject-based and do not use personal identifiers 
                of a specific individual, or inputs associated with a 
                specific individual or group of individuals, to 
                retrieve information from the database or databases; 
                and
                    (C) the purpose of the queries, searches, or other 
                analyses is not solely--
                            (i) the detection of fraud, waste, or abuse 
                        in a Government agency or program; or
                            (ii) the security of a Government computer 
                        system.
            (2) Database.--The term ``database'' does not include 
        telephone directories, news reporting, information publicly 
        available to any member of the public without payment of a fee, 
        or databases of judicial and administrative opinions or other 
        legal research sources.

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 shall submit a report to Congress on all such 
activities of the department or agency under the jurisdiction of that 
official. The report shall be produced in coordination with the privacy 
officer of that department or agency, if applicable, and shall be made 
available to the public, except for an annex described in subsection 
(c).
    (b) Content of Report.--Each report submitted under subsection (a) 
shall include, for each activity to use or develop data mining, the 
following information:
            (1) A thorough description of the data mining activity, its 
        goals, and, where appropriate, the target dates for the 
        deployment of the data mining activity.
            (2) A thorough description of the data mining technology 
        that is being used or will be used, including the basis for 
        determining whether a particular pattern or anomaly is 
        indicative of terrorist or criminal activity.
            (3) A thorough description of the data sources that are 
        being or will be used.
            (4) An assessment of the efficacy or likely efficacy of the 
        data mining activity in providing accurate information 
        consistent with and valuable to the stated goals and plans for 
        the use or development of the data mining activity.
            (5) An assessment of the impact or likely impact of the 
        implementation of the data mining activity on the privacy and 
        civil liberties of individuals, including a thorough 
        description of the actions that are being taken or will be 
        taken with regard to the property, privacy, or other rights or 
        privileges of any individual or individuals as a result of the 
        implementation of the data mining activity.
            (6) A list and analysis of the laws and regulations that 
        govern the information being or to be collected, reviewed, 
        gathered, analyzed, or used in conjunction with the data mining 
        activity, to the extent applicable in the context of the data 
        mining activity.
            (7) 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 data mining activity in order to--
                    (A) protect the privacy and due process rights of 
                individuals, such as redress procedures; and
                    (B) ensure that only accurate and complete 
                information is collected, reviewed, gathered, analyzed, 
                or used, and guard against any harmful consequences of 
                potential inaccuracies.
    (c) Annex.--
            (1) In general.--A report under subsection (a) shall 
        include in an annex any necessary--
                    (A) classified information;
                    (B) law enforcement sensitive information;
                    (C) proprietary business information; or
                    (D) trade secrets (as that term is defined in 
                section 1839 of title 18, United States Code).
            (2) Availability.--Any annex described in paragraph (1)--
                    (A) shall be available, as appropriate, and 
                consistent with the National Security Act of 1947 (50 
                U.S.C. 401 et seq.), to the Committee on Homeland 
                Security and Governmental Affairs, the Committee on the 
                Judiciary, the Select Committee on Intelligence, the 
                Committee on Appropriations, and the Committee on 
                Banking, Housing, and Urban Affairs of the Senate and 
                the Committee on Homeland Security, the Committee on 
                the Judiciary, the Permanent Select Committee on 
                Intelligence, the Committee on Appropriations, and the 
                Committee on Financial Services of the House of 
                Representatives; and
                    (B) shall not be made available to the public.
    (d) Time for Report.--Each report required under subsection (a) 
shall be--
            (1) submitted not later than 180 days after the date of 
        enactment of this Act; and
            (2) updated not less frequently than annually thereafter, 
        to include any activity to use or develop data mining engaged 
        in after the date of the prior report submitted under 
        subsection (a).

SEC. 4. PROTECTION FOR CLASSIFIED INFORMATION CONTAINED IN AN ANNEX TO 
              A DATA MINING REPORT.

    Any disclosure of any classified information contained in an annex 
made available to Congress pursuant to either section 3(c)(2) of this 
Act or section 126(a)(7) of Public Law 109-177, may be prosecuted under 
any applicable statute, including--
            (1) sections 793, 794, 798, or 1924 of title 18, United 
        States Code; and
            (2) section 4 of the Subversive Activities Control Act of 
        1950 (50 U.S.C. 783).
                                                       Calendar No. 184

110th CONGRESS

  1st Session

                                 S. 236

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              June 4, 2007

                       Reported with an amendment