I ul SECIQST fSI i lkhiidt 8fh' 1i8P8Rfl RESPONSE TO CONGRESS SECRETARY OF DEFENSE REPORT ON FEDERAL DATA MINING PROGRAMS WllHIN 1HE DEPARTMENT OF DEFENSE Fiscal Years 2012 2013 op_ hL u Preparatioa of tbis study report cost tbe Departm eat or Deffltse a total of approximately S i3 ll0 for the 2014 Fiseal Year G fttl'l ted UiilOUAuptl28 Cl 'u RefiD USIIKI0641 t4 tJNCLI SS'i''FD WKEI f ER' RATED fROM TOP ATTACBMF 'J S SECRE'Fh'S JINCQN fNOFQP N V The Office of the Secretary of Defense is pleased to provide to the Congress this report pursuant to Section 804 ofthe Implementing Reeonunendations oflhe 9 11 Commission Act of2007 entitled The Fe4eral Agency Data Mining Reporting Act of 2007 the Act'' U Con re5 ionally Direste4J Aetlon Reguipmp j This report responds to a congressional request for the Department ofDefense to provide information on its data mining a tivities as directed by 1he Implementing Recommendations of the 9111 Commission Act of 2QQ7 Section 804 of that legislatio the Data Mining Reporting Act requires the head of each department or agency of the Federal Government that is engaged in any activity to use or develop data mhting as defined by the a 1 to submit a report on all such activities to Congress U Bas ggyuDd and Seuoe On August 3 2007 President Bush signed into law the Implementing Recommendations of the 9 11 Commission Act of2007 Section 804 of that legislation the federal Agency Data Mining Reporting Ac requires annual reports on government data mining programs begirnting 80 days from the Data Mirung Reporting Act's enactment This 2012-2013 report was prepared by the Office of the Under Secretary of Defense for Intelligence and responds to the above requirement o U Each of the Department of Defense Compooents that uses or develops data mining was tasked to submit a report That report was required to contain the following infonnation in accordance with Section 804 o V A thorough description of the data mining activity its goals and where appropriate the target dates for the deployment of the data mining activity o U 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 o U A thorough description of the data sources that are being or will be used o U An assessment of the efficacy or likely efficacy of the data mining activity in providing accu ta1e information onsi ent with and valuable to the stated goals and plans for the use or development of the data mining activity o U An assessment of the hnpact 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 o U A list and analysis of the laws and regulations that govern the information being or to be collected reviewed gathered analyzed or used in 'Jl8P Sfl@M'PJY815 JJC JldCQl'l''l 4 '' RN T9P SISCRE'FNSI fli'K#II IC9NIJNQF9RN conjunction with the data mining activity to the extent applicable in the context of the data miJllng activity o U 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 o U Protect the privacy and due process rights of individuals such as redress procedures and o U Ensure that only accurate and complete information is collected reviewed gathered analyzed or used and guard against any harmful consequences of potential inaccuracies U Deoartmeat of DeCease Resoonsei This year's report covers both the FY 2012 and FY 2013 reporting periods The report was developed from inputs from all relevant DoD Components in coordination with the Defense Privacy Officer and shall be made available to the public as required by the Act The combined report is split into the two reporting periods and sepamted into UNCLASSIFIED and CLASSIFIED respooses U For the FY 2012 reporting period o U MWtary Services The U S Navy reported they engage in data mining activities as defined under the Federal Data Mining Activity Reporting Act of2007 The Navy's report is classified and is CQntained in Annex D The U S Army Air Force and Marine Corps report they do not engage in data mining activities as defined by the Act o U Combatant Commauds Two Combatant Commands USEUCOM and USSOUTHCOM reported they engage in data mining activities as defmed under the Federal Data Mining Activity Reporting Act of2007 These reports are unclassified and are contained in Annex A and B respectively The Joint Staff USCENTCOM USPACOM USNORTHCOM USAFRICOM USTRANSCOM USSTRATCOM USSOCOM and U S Forces Korea reported they do not engage in data mining activities as defmed by the Act o U Joint Improvised Explosive Devlee Defeat Organization JIEDDO JIEDDO performs searches on data that has been compiled from a variety of databases used by the U S and coalition military forces Annex C is the unclassified report and Annex E contains the classified report o U National Seeurlty Ageney NSA NSA engages in data mining activities it believes fall under definition contained in the Federal Data Mining Activity Reporting Act of 2007 Aonex F contains the classified report o U Natioual Get spatlai lnteWgenee Agency NGA NOA's engages in data mining activities it believes fall under defmition contained in the Federal Data Mining Activity Reporting Act of2007 Annex G contains the classified report 'f'8P SECJH 't J'Sin'flf f8 1@8f4 J fOI Oltl l T9P SECRETNSJIRID'JUIICON''PiQmpN U DefeDSe Intelligence Agency DIA 1111d National Reconnaissanee orr NRO Both DIA and the NRO reported they do not engage in data mining activities as defined by the Act o U For the FY 2013 reporting period o U Military Servicu The U S Navy reported they engage in data mining activities as defined under the Federal Data Mining Activity Reporting Act of 2007 The Navy's report is classified aod is contained in Annex D The U S Anny Air Force and Marine Corps report they do not engage in data mining activities as defined by the Act o U Combatant Commands Two Combatant Commaods USEUCOM and USSOUTHCOM reported they engage in data mining activities aa defined 1111der the Federal Data Mining Activity Reporting Act of 2007 These reports are llllclassified aod are contained in Annex A and B respectively The Joint Staff USCENTCOM USPACOM USNORTHCOM USAFRlCOM USTRANSCOM USSTRATCOM USSOCOM and U S Forces Korea reported they do not engage in data mining activities as defined by the Act o U Joint Improvised Explosive Devlee Defeat Organit atioo JIEDDO JIEODO performs searches on data that has been compiled from a variety of databases used by the U S and coalition ntilitary forces Annex C is the unclassified report and Annex E contains the classified report o U National Seeurlty Agency NSA NSA engages in data mining activities it believes fall under definition contained in the Federal Data Mining Activity Reporting Act of2007 Annex F contains the classified report o U Notioaal Geospatlai-Iatelligeace Ageacy NGA NGA's engages in data mining activities it believes fall under definition contained in the Federal Data Mining Activity Reporting Act of2007 Annex G contains the classified report o U Defense latelligenee Ageney iliA aad National Re oaoaisoaaee Offiee NRO Both DIA and the NRO reported they do not engage in data mining activities as defined by the Act U Cone Wiiom The Department of Defense has compiled this report to Congress on its data mining activities as required by the Data Mining Reporting Act The Department continues to ensure the effectiveness of data mining programs while protecting all applicable privacy and due process rights of individuals r-l NCIJASSII'HilB Vflli N Slll'Aib 'I'EB FReM Al'TACHMiiNJS f TBP SEERE'FNSIN'FJ qp IEUR9NNN9F9R 'i ' 106 remaining pages denied in full pursuant to 5 U S C 552 This document is from the holdings of The National Security Archive Suite 701 Gelman Library The George Washington University 2130 H Street NW Washington D C 20037 Phone 202 994-7000 Fax 202 994-7005 nsarchiv@gwu edu