Sec. 126. REPORT ON DATA-MINING ACTIVITIES

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## 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 Congress 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. ####

(4)An assessment of the likely impact of the implementation 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 application of the pattern-based data-mining technology to the information 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 Committee 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 department 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 telephone directories, information publicly available via the Internet 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.