[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4290 Introduced in House (IH)]






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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Data-Mining Reporting 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 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 a specific individual's 
                personal identifiers to acquire information 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 technology 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 regulations that 
        govern the information to be collected, reviewed, gathered, and 
        analyzed with the data-mining technology and a description of 
        any modifications of such laws that will be required to use the 
        information in the manner proposed under such program.
            (6) A thorough discussion of the policies, procedures, and 
        guidelines 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; and
                    (B) ensure that only accurate information is 
                collected and used.
            (7) A thorough discussion of the procedures allowing 
        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 Judiciary, 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
            (2) updated once a year and include any new data-mining 
        technologies.
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