I 

108TH CONGRESS 

2D SESSION H. R. 4290 

To provide for data-mining reports to Congress. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2004 

Mr. MCDERMOTT (for himself and Mr. CLAY) introduced the following bill; 

which was referred to the Committee on Government Reform 

A BILL 

To provide for data-mining reports to Congress. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Data-Mining Report5 ing Act of 2004’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) DATA-MINING.—The term ‘‘data-mining’’ 

9 means a query or search or other analysis of 1 or 

10 more electronic databases, where— 

11 (A) at least 1 of the databases was ob12 tained from or remains under the control of a 
2 

•HR 4290 IH 

1 non-Federal entity, or the information was ac2 quired initially by another department or agen3 cy of the Federal Government for purposes 

4 other than intelligence or law enforcement; 

5 (B) the search does not use a specific indi6 vidual’s personal identifiers to acquire informa7 tion concerning that individual; and 

8 (C) a department or agency of the Federal 

9 Government is conducting the query or search 

10 or other analysis to find a pattern indicating 

11 terrorist or other criminal activity. 

12 (2) DATABASE.—The term ‘‘database’’ does not 

13 include telephone directories, information publicly 

14 available via the Internet or available by any other 

15 means to any member of the public without payment 

16 of a fee, or databases of judicial and administrative 

17 opinions. 

18 SEC. 3. REPORTS ON DATA-MINING ACTIVITIES. 

19 (a) REQUIREMENT FOR REPORT.—The head of each 

20 department or agency of the Federal Government that is 

21 engaged in any activity to use or develop data-mining tech22 nology shall each submit a public report to Congress on 

23 all such activities of the department or agency under the 

24 jurisdiction of that official. 
3 

•HR 4290 IH 

1 (b) CONTENT OF REPORT.—A report submitted 

2 under subsection (a) shall include, for each activity to use 

3 or develop data-mining technology that is required to be 

4 covered by the report, the following information: 

5 (1) A thorough description of the data-mining 

6 technology and the data that will be used. 

7 (2) A thorough discussion of the plans for the 

8 use of such technology and the target dates for the 

9 deployment of the data-mining technology. 

10 (3) An assessment of the likely efficacy of the 

11 data-mining technology in providing accurate and 

12 valuable information consistent with the stated plans 

13 for the use of the technology. 

14 (4) An assessment of the likely impact of the 

15 implementation of the data-mining technology on 

16 privacy and civil liberties. 

17 (5) A list and analysis of the laws and regula18 tions that govern the information to be collected, re19 viewed, gathered, and analyzed with the data-mining 

20 technology and a description of any modifications of 

21 such laws that will be required to use the informa22 tion in the manner proposed under such program. 

23 (6) A thorough discussion of the policies, proce24 dures, and guidelines that are to be developed and 
4 

•HR 4290 IH 

1 applied in the use of such technology for data-min2 ing in order to— 

3 (A) protect the privacy and due process 

4 rights of individuals; and 

5 (B) ensure that only accurate information 

6 is collected and used. 

7 (7) A thorough discussion of the procedures al8 lowing individuals whose personal information will be 

9 used in the data-mining technology to be informed 

10 of the use of their personal information and what 

11 procedures are in place to allow for individuals to 

12 opt out of the technology. If no such procedures are 

13 in place, a thorough explanation as to why not. 

14 (8) Any necessary classified information in an 

15 annex that shall be available to the Committee on 

16 Governmental Affairs, the Committee on the Judici17 ary, and the Committee on Appropriations of the 

18 Senate and the Committee on Homeland Security, 

19 the Committee on the Judiciary, and the Committee 

20 on Appropriations of the House of Representatives. 

21 (c) TIME FOR REPORT.—Each report required under 

22 subsection (a) shall be— 

23 (1) submitted not later than 90 days after the 

24 date of the enactment of this Act; and 
5 

•HR 4290 IH 

1 (2) updated once a year and include any new 

2 data-mining technologies. 

Æ