1.This Act may be cited as the
Federal Agency Data Mining Reporting
Act of 2007
.
2.In this Act:
(1)The term data mining means a query, search,
or other analysis 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 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
(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.
(2)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.
3.Reports on data
mining activities by Federal agencies
(a)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).
(b)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 with 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 technology for data
mining in order to—
(A)protect the
privacy and due process rights of individuals, such as redress procedures;
and
(B)ensure that only
accurate information is collected, reviewed, gathered, analyzed, or
used.
(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.
(c)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).
1.This Act may be cited as the
Federal Agency Data Mining Reporting
Act of 2007
.
2.In this Act:
(1)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)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.
3.Reports on data mining
activities by Federal agencies
(a)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)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)
(1)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)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)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).
4.Protection for
classified information contained in an annex to a data mining
reportAny 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).
June 4, 2007
Reported with an amendment