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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Data-Mining Report-
ing Act of 2004’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) DATA-MINING.—The term ‘‘data-mining’’ 
means a query or search or other analysis of 1 or 
more electronic databases, where— 
(A) at least 1 of the databases was ob-
tained from or remains under the control of a
non-Federal entity, or the information was ac-
quired initially by another department or agen-
cy of the Federal Government for purposes 
other than intelligence or law enforcement; 
(B) the search does not use a specific indi-
vidual’s personal identifiers to acquire informa-
tion concerning that individual; 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 without payment 
of a fee, or databases of judicial and administrative 
opinions. 
SEC. 3. REPORTS ON DATA-MINING ACTIVITIES. 
(a) REQUIREMENT FOR REPORT.—The head of each 
department or agency of the Federal Government that is 
engaged in any activity to use or develop data-mining tech-
nology shall each submit a public report to Congress on 
all such activities of the department or agency under the 
jurisdiction of that official.
(b) CONTENT
OF REPORT.—A report submitted 
under subsection (a) shall include, for each activity to use 
or develop data-mining technology that is required to be 
covered by the report, the following information: 
(1) A thorough description of the data-mining 
technology and the data that will be used. 
(2) A thorough discussion of the plans for the 
use of such technology and the target dates for the 
deployment of the data-mining technology. 
(3) An assessment of the likely efficacy of the 
data-mining technology 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 data-mining technology on 
privacy and civil liberties. 
(5) A list and analysis of the laws and regula-
tions that govern the information to be collected, re-
viewed, gathered, and analyzed with the data-mining 
technology and a description of any modifications of 
such laws that will be required to use the informa-
tion in the manner proposed under such program. 
(6) A thorough discussion of the policies, proce-
dures, and guidelines that are to be developed and
applied in the use of such technology for data-min-
ing in order to— 
(A) protect the privacy and due process 
rights of individuals; and 
(B) ensure that only accurate information 
is collected and used. 
(7) A thorough discussion of the procedures al-
lowing individuals whose personal information will be 
used in the data-mining technology to be informed 
of the use of their personal information and what 
procedures are in place to allow for individuals to 
opt out of the technology. If no such procedures are 
in place, a thorough explanation as to why not. 
(8) Any necessary classified information in an 
annex that shall be available to the Committee on 
Governmental Affairs, the Committee on the Judici-
ary, and the Committee on Appropriations of the 
Senate and the Committee on Homeland Security, 
the Committee on the Judiciary, and the Committee 
on Appropriations of the House of Representatives. 
(c) TIME FOR REPORT.—Each report required under 
subsection (a) shall be— 
(1) submitted not later than 90 days after the 
date of the enactment of this Act; and