H.R. 3162: 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
(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
(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,
(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
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