IB 
Union Calendar No. 434
107TH CONGRESS 
2D SESSION 
H. R. 4561
[Report No. 107–701] 
To amend title 5, United States Code, to require that agencies, in promul-
gating rules, take into consideration the impact of such rules on the 
privacy of individuals, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 24, 2002
Mr. BARR of Georgia (for himself, Mr. CHABOT, Mr. WATT of North Carolina, 
Mr. GEKAS, Mr. NADLER, Mr. GREEN of Wisconsin, and Mr. SHOWS) in-
troduced the following bill; which was referred to the Committee on the 
Judiciary 
SEPTEMBER 30, 2002
Additional sponsors: Mr. FLAKE, Mr. FRANK, Mr. PAUL, Mr. OTTER, Mr. 
SCHAFFER, Mr. TIAHRT, Mr. STUMP, Mr. FILNER, Mr. SENSEN-
BRENNER, Mr. PETERSON of Minnesota, Mr. STENHOLM, Mr. MCGOV-
ERN, Ms. RIVERS, Ms. SCHAKOWSKY, Mr. DAVIS of Illinois, Mr. HALL 
of Ohio, Mr. CALVERT, Mr. BOUCHER, Ms. WATSON, Mr. MOORE, Mr. 
HOSTETTLER, Mrs. JO ANN DAVIS of Virginia, Mr. CONYERS, Mr. NOR-
WOOD, Ms. SLAUGHTER, Mr. FARR of California, Ms. MCKINNEY, Ms. 
JACKSON-LEE of Texas, Mr. PENCE, Mr. KENNEDY of Minnesota, Ms. 
BALDWIN, Mr. RANGEL, Mr. HEFLEY, Mr. BLUMENAUER, Mr. CANNON, 
Ms. BERKLEY, and Mr. HONDA
SEPTEMBER 30, 2002
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed
A BILL 
To amend title 5, United States Code, to require that agen-
cies, in promulgating rules, take into consideration the 
impact of such rules on the privacy of individuals, and 
for other purposes.
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 ‘‘Federal Agency Pro-
tection of Privacy Act’’. 
SEC. 2. REQUIREMENT THAT AGENCY RULEMAKING TAKE 
INTO CONSIDERATION IMPACTS ON INDI-
VIDUAL PRIVACY. 
(a) IN GENERAL.—Title 5, United States Code, is 
amended by adding after section 553 the following new 
section:
‘‘§ 553a. Privacy impact analysis in rulemaking 
‘‘(a) INITIAL PRIVACY IMPACT ANALYSIS.—
‘‘(1) IN GENERAL.—Whenever an agency is re-
quired by section 553 of this title, or any other law, 
to publish a general notice of proposed rulemaking 
for any proposed rule, or publishes a notice of pro-
posed rulemaking for an interpretative rule involving 
the internal revenue laws of the United States, the 
agency shall prepare and make available for public 
comment an initial privacy impact analysis. Such
analysis shall describe the impact of the proposed 
rule on the privacy of individuals. The initial privacy 
impact analysis or a summary shall be signed by the 
senior agency official with primary responsibility for 
privacy policy and be published in the Federal Reg-
ister at the time of the publication of a general no-
tice of proposed rulemaking for the rule. 
‘‘(2) CONTENTS.—Each initial privacy impact 
analysis required under this subsection shall contain 
the following: 
‘‘(A) A description and assessment of the 
extent to which the proposed rule will impact 
the privacy interests of individuals, including 
the extent to which the proposed rule—
‘‘(i) provides notice of the collection of 
personally identifiable information, and 
specifies what personally identifiable infor-
mation is to be collected and how it is to 
be collected, maintained, used, and dis-
closed; 
‘‘(ii) allows access to such information 
by the person to whom the personally iden-
tifiable information pertains and provides 
an opportunity to correct inaccuracies;
‘‘(iii) 
prevents 
such 
information, 
which is collected for one purpose, from 
being used for another purpose; and 
‘‘(iv) provides security for such infor-
mation. 
‘‘(B) A description of any significant alter-
natives to the proposed rule which accomplish 
the stated objectives of applicable statutes and 
which minimize any significant privacy impact 
of the proposed rule on individuals. 
‘‘(b) FINAL PRIVACY IMPACT ANALYSIS.—
‘‘(1) IN GENERAL.—Whenever an agency pro-
mulgates a final rule under section 553 of this title, 
after being required by that section or any other law 
to publish a general notice of proposed rulemaking, 
or promulgates a final interpretative rule involving 
the internal revenue laws of the United States, the 
agency shall prepare a final privacy impact analysis, 
signed by the senior agency official with primary re-
sponsibility for privacy policy. 
‘‘(2) CONTENTS.—Each final privacy impact 
analysis required under this subsection shall contain 
the following: 
‘‘(A) A description and assessment of the 
extent to which the final rule will impact the
privacy interests of individuals, including the 
extent to which the proposed rule—
‘‘(i) provides notice of the collection of 
personally identifiable information, and 
specifies what personally identifiable infor-
mation is to be collected and how it is to 
be collected, maintained, used, and dis-
closed; 
‘‘(ii) allows access to such information 
by the person to whom the personally iden-
tifiable information pertains and provides 
an opportunity to correct inaccuracies; 
‘‘(iii) 
prevents 
such 
information, 
which is collected for one purpose, from 
being used for another purpose; and 
‘‘(iv) provides security for such infor-
mation. 
‘‘(B) A summary of the significant issues 
raised by the public comments in response to 
the initial privacy impact analysis, a summary 
of the assessment of the agency of such issues, 
and a statement of any changes made in the 
proposed rule as a result of such issues. 
‘‘(C) A description of the steps the agency 
has taken to minimize the significant privacy
impact on individuals consistent with the stated 
objectives of applicable statutes, including a 
statement of the factual, policy, and legal rea-
sons for selecting the alternative adopted in the 
final rule and why each one of the other signifi-
cant alternatives to the rule considered by the 
agency which affect the privacy interests of in-
dividuals was rejected.
‘‘(3) AVAILABILITY
TO
PUBLIC.—The agency 
shall make copies of the final privacy impact anal-
ysis available to members of the public and shall 
publish in the Federal Register such analysis or a 
summary thereof. 
‘‘(c) PROCEDURE FOR WAIVER OR DELAY OF COM-
PLETION.—An agency head may waive or delay the com-
pletion of some or all of the requirements of subsections 
(a) and (b) to the same extent as the agency head may, 
under section 608, waive or delay the completion of some 
or all of the requirements of sections 603 and 604, respec-
tively. 
‘‘(d) PROCEDURES FOR GATHERING COMMENTS.—
When any rule is promulgated which may have a signifi-
cant privacy impact on individuals, or a privacy impact 
on a substantial number of individuals, the head of the 
agency promulgating the rule or the official of the agency
with statutory responsibility for the promulgation of the 
rule shall assure that individuals have been given an op-
portunity to participate in the rulemaking for the rule 
through techniques such as—
‘‘(1) the inclusion in an advance notice of pro-
posed rulemaking, if issued, of a statement that the 
proposed rule may have a significant privacy impact 
on individuals, or a privacy impact on a substantial 
number of individuals; 
‘‘(2) the publication of a general notice of pro-
posed rulemaking in publications of national circula-
tion likely to be obtained by individuals; 
‘‘(3) the direct notification of interested individ-
uals; 
‘‘(4) the conduct of open conferences or public 
hearings concerning the rule for individuals, includ-
ing soliciting and receiving comments over computer 
networks; and 
‘‘(5) the adoption or modification of agency 
procedural rules to reduce the cost or complexity of 
participation in the rulemaking by individuals. 
‘‘(e) PERIODIC REVIEW OF RULES.—
‘‘(1) IN
GENERAL.—Each agency shall carry 
out a periodic review of the rules promulgated by the 
agency that have a significant privacy impact on in-
dividuals, or a privacy impact on a substantial num-
ber of individuals. Under such periodic review, the 
agency shall determine, for each such rule, whether 
the rule can be amended or rescinded in a manner 
that minimizes any such impact while remaining in 
accordance with applicable statutes. For each such 
determination, the agency shall consider the fol-
lowing factors: 
‘‘(A) The continued need for the rule. 
‘‘(B) The nature of complaints or com-
ments received from the public concerning the 
rule. 
‘‘(C) The complexity of the rule. 
‘‘(D) The extent to which the rule over-
laps, duplicates, or conflicts with other Federal 
rules, and, to the extent feasible, with State and 
local governmental rules. 
‘‘(E) The length of time since the rule was 
last reviewed under this subsection. 
‘‘(F) The degree to which technology, eco-
nomic conditions, or other factors have changed 
in the area affected by the rule since the rule 
was last reviewed under this subsection. 
‘‘(2) PLAN
REQUIRED.—Each agency shall 
carry out the periodic review required by paragraph
(1) in accordance with a plan published by such 
agency in the Federal Register. Each such plan shall 
provide for the review under this subsection of each 
rule promulgated by the agency not later than 10 
years after the date on which such rule was pub-
lished as the final rule and, thereafter, not later 
than 10 years after the date on which such rule was 
last reviewed under this subsection. The agency may
amend such plan at any time by publishing the revi-
sion in the Federal Register. 
‘‘(3) ANNUAL PUBLICATION.—Each year, each 
agency shall publish in the Federal Register a list of 
the rules to be reviewed by such agency under this 
subsection during the following year. The list shall 
include a brief description of each such rule and the 
need for and legal basis of such rule and shall invite 
public comment upon the determination to be made 
under this subsection with respect to such rule. 
‘‘(f) JUDICIAL REVIEW.—
‘‘(1) IN GENERAL.—For any rule subject to this 
section, an individual who is adversely affected or 
aggrieved by final agency action is entitled to judi-
cial review of agency compliance with the require-
ments of subsections (b) and (c) in accordance with 
chapter 7. Agency compliance with subsection (d)
shall be judicially reviewable in connection with judi-
cial review of subsection (b). 
‘‘(2) JURISDICTION.—Each court having juris-
diction to review such rule for compliance with sec-
tion 553, or under any other provision of law, shall 
have jurisdiction to review any claims of noncompli-
ance with subsections (b) and (c) in accordance with 
chapter 7. Agency compliance with subsection (d) 
shall be judicially reviewable in connection with judi-
cial review of subsection (b). 
‘‘(3) LIMITATIONS.—
‘‘(A) An individual may seek such review 
during the period beginning on the date of final 
agency action and ending 1 year later, except 
that where a provision of law requires that an 
action challenging a final agency action be com-
menced before the expiration of 1 year, such 
lesser period shall apply to an action for judicial 
review under this subsection. 
‘‘(B) In the case where an agency delays 
the issuance of a final privacy impact analysis 
pursuant to subsection (c), an action for judi-
cial review under this section shall be filed not 
later than—