H.R. 3162[107]:   Title I Section 126

An Act To deter and punish terrorist acts in the United States and 

around the world, to enhance law enforcement investigatory tools, 

and for other purposes. (USA PATRIOT ACT of 2001) 

TITLE I--ENHANCING DOMESTIC SECURITY AGAINST TERRORISM

SEC. 126. REPORT ON DATA-MINING ACTIVITIES.

     (a) REPORT.--Not later than one year after the date of the

enactment of this Act, the Attorney General shall submit to Con-

gress a report on any initiative of the Department of Justice that

uses or is intended to develop pattern-based data-mining technology,

including, for each such initiative, the following information:

         (1) A thorough description of the pattern-based data-mining

     technology consistent with the protection of existing patents,

     proprietary business processes, trade secrets, and intelligence

     sources and methods.

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

     technology and the target dates for the deployment of the

     pattern-based data-mining technology.

         (3) An assessment of the likely efficacy of the pattern-

     based data-mining technology quality assurance controls to be

     used in providing accurate and valuable information consistent

     with the stated plans for the use of the technology.

                           H. R. 3199--37

         (4) An assessment of the likely impact of the implementa-

    tion of the pattern-based data-mining technology on privacy

    and civil liberties.

         (5) A list and analysis of the laws and regulations

    applicable to the Department of Justice that govern the applica-

    tion of the pattern-based data-mining technology to the informa-

    tion to be collected, reviewed, gathered, and analyzed with

    the pattern-based data-mining technology.

         (6) A thorough discussion of the policies, procedures, and

    guidelines of the Department of Justice that are to be developed

    and applied in the use of such technology for pattern-based

    data-mining in order to--

              (A) protect the privacy and due process rights of

         individuals; and

              (B) ensure that only accurate information is collected

         and used or account for the possibility of inaccuracy in

         that information and guard against harmful consequences

         of potential inaccuracies.

         (7) Any necessary classified information in an annex that

    shall be available consistent with national security to the Com-

    mittee on the Judiciary of both the Senate and the House

    of Representatives.

    (b) DEFINITIONS.--In this section:

         (1) DATA-MINING.--The term ``data-mining'' means a query

    or search or other analysis of one or more electronic databases,

    where--

              (A) at least one of the databases was obtained from

         or remains under the control of a non-Federal entity, or

         the information was acquired initially by another depart-

         ment or agency of the Federal Government for purposes

         other than intelligence or law enforcement;

              (B) the search does not use personal identifiers of

         a specific individual or does not utilize inputs that appear

         on their face to identify or be associated with a specified

         individual to acquire information; and

              (C) a department or agency of the Federal Government

         is conducting the query or search or other analysis to

         find a pattern indicating terrorist or other criminal activity.

         (2) DATABASE.--The term ``database'' does not include tele-

    phone directories, information publicly available via the Inter-

    net or available by any other means to any member of the

    public, any databases maintained, operated, or controlled by

    a State, local, or tribal government (such as a State motor

    vehicle database), or databases of judicial and administrative

    opinions.

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