‘‘(i) 1 year after the date the analysis 
is made available to the public; or 
‘‘(ii) where a provision of law requires 
that an action challenging a final agency 
regulation be commenced before the expi-
ration of the 1-year period, the number of 
days specified in such provision of law that
is after the date the analysis is made avail-
able to the public. 
‘‘(4) RELIEF.—In granting any relief in an ac-
tion under this subsection, the court shall order the 
agency to take corrective action consistent with this 
section and chapter 7, including, but not limited 
to—
‘‘(A) remanding the rule to the agency; 
and 
‘‘(B) deferring the enforcement of the rule 
against individuals, unless the court finds that 
continued enforcement of the rule is in the pub-
lic interest. 
‘‘(5) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed to limit the au-
thority of any court to stay the effective date of any 
rule or provision thereof under any other provision
of law or to grant any other relief in addition to the 
requirements of this subsection. 
‘‘(6) RECORD OF AGENCY ACTION.—In an ac-
tion for the judicial review of a rule, the privacy im-
pact analysis for such rule, including an analysis 
prepared or corrected pursuant to paragraph (4), 
shall constitute part of the entire record of agency 
action in connection with such review. 
‘‘(7) EXCLUSIVITY.—Compliance or noncompli-
ance by an agency with the provisions of this section 
shall be subject to judicial review only in accordance 
with this subsection. 
‘‘(8) SAVINGS CLAUSE.—Nothing in this sub-
section bars judicial review of any other impact 
statement or similar analysis required by any other 
law if judicial review of such statement or analysis 
is otherwise permitted by law. 
‘‘(g) DEFINITION.—For purposes of this section, the 
term ‘personally identifiable information’ means informa-
tion that can be used to identify an individual, including 
such individual’s name, address, telephone number, photo-
graph, social security number or other identifying infor-
mation. It includes information about such individual’s 
medical or financial condition.’’. 
(b) PERIODIC REVIEW TRANSITION PROVISIONS.—
(1) INITIAL PLAN.—For each agency, the plan 
required by subsection (e) of section 553a of title 5, 
United States Code (as added by subsection (a)), 
shall be published not later than 180 days after the 
date of the enactment of this Act. 
(2) In the case of a rule promulgated by an 
agency before the date of the enactment of this Act, 
such plan shall provide for the periodic review of 
such rule before the expiration of the 10-year period 
beginning on the date of the enctment of this Act. 
For any such rule, the head of the agency may pro-
vide for a 1-year extension of such period if the head 
of the agency, before the expiration of the period, 
certifies in a statement published in the Federal 
Register that reviewing such rule before the expira-
tion of the period is not feasible. The head of the 
agency may provide for additional 1-year extensions 
of the period pursuant to the preceding sentence, 
but in no event may the period exceed 15 years. 
(c) CONGRESSIONAL REVIEW.—Section 801(a)(1)(B) 
of title 5, United States Code, is amended—
(1) by redesignating clauses (iii) and (iv) as 
clauses (iv) and (v), respectively; and 
(2) by inserting after clause (ii) the following 
new clause:
‘‘(iii) the agency’s actions relevant to section 
553a;’’. 
(d) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 5 of title 5, United States 
Code, is amended by adding after the item relating to sec-
tion 553 the following new item:
‘‘553a. Privacy impact analysis in rulemaking.’’.
Union Calendar No. 434
107TH CONGRESS 
2D SESSION 
H. R. 4561
[Report No. 107–701] 
A BILL 
To amend title 5, United States Code, to require 
that agencies, in promulgating rules, take into 
consideration the impact of such rules on the pri-
vacy of individuals, and for other purposes. 
SEPTEMBER 30, 2002
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed