II 

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 

A BILL

To impose a moratorium on the implementation of datamining 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Data-Mining Morato5 rium Act of 2003’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 
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•S 188 IS 

1 (1) Use of advanced technology is an essential 

2 tool in the fight against terrorism. 

3 (2) There has been no demonstration that data4 mining by a government, including data-mining such 

5 as that which is to occur under the Total Informa6 tion Awareness program, is an effective tool for pre7 venting terrorism. 

8 (3) Data-mining under the Total Information 

9 Awareness program or a similar program would pro10 vide the Federal Government with access to exten11 sive files of private as well as public information on 

12 an individual. 

13 (4) There are significant concerns regarding the 

14 extent to which privacy rights of individuals would 

15 be adversely affected by data-mining carried out by 

16 their government. 

17 (5) Congress has not reviewed any guidelines, 

18 rules, or laws concerning implementation and use of 

19 data-mining by Federal Government agencies. 

20 SEC. 3. MORATORIUM ON IMPLEMENTATION OF TOTAL IN21 FORMATION AWARENESS PROGRAM FOR 

22 DATA MINING. 

23 (a) MORATORIUM.—During the period described in 

24 subsection (b), no officer or employee of the Department 

25 of Defense or the Department of Homeland Security may 
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1 take any action to implement or carry out for data-mining 

2 purposes any part of (including any research or develop3 ment under)—

4 (1) the Department of Defense component of 

5 the Total Information Awareness program or any 

6 other data-mining program of the Department of 

7 Defense; or 

8 (2) any data-mining program of the Depart9 ment of Homeland Security that is similar or related 

10 to the Total Information Awareness program. 

11 (b) MORATORIUM PERIOD.—The period referred to 

12 in subsection (a) for a department of the Federal Govern13 ment is the period beginning on the date of the enactment 

14 of this Act and ending on the date (after the date of the 

15 enactment of this Act) on which there is enacted a law 

16 specifically authorizing data-mining by such department. 

17 SEC. 4. REPORTS ON DATA-MINING ACTIVITIES. 

18 (a) REQUIREMENT FOR REPORT.—The Secretary of 

19 Defense, the Attorney General, and the head of each other 

20 department or agency of the Federal Government that is 

21 engaged in any activity to use or develop data-mining tech22 nology shall each submit to Congress a report on all such 

23 activities of the department or agency under the jurisdic24 tion of that official. 
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1 (b) CONTENT OF REPORT.—A report submitted 

2 under subsection (a) shall include, for each activity to use 

3 or develop data-mining technology that is required to be 

4 covered by the report, the following information: 

5 (1) A thorough description of the activity. 

6 (2) A thorough discussion of the plans for the 

7 use of such technology. 

8 (3) A thorough discussion of the policies, proce9 dures, and guidelines that are to be applied in the 

10 use of such technology for data-mining in order to—

11 (A) protect the privacy rights of individ12 uals; and 

13 (B) ensure that only accurate information 

14 is collected. 

15 (c) TIME FOR REPORT.—Each report required under 

16 subsection (a) shall be submitted not later than 90 days 

17 after the date of the enactment of this Act. 

18 SEC. 5. CONSTRUCTION OF PROVISIONS. 

19 Nothing in this Act shall be construed to preclude 

20 the Department of Defense or the Department of Home21 land Security from conducting—

22 (1) computer searches of public information; or 

23 (2) computer searches that are based on a par24 ticularized suspicion of an individual.

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