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 less-
er period shall apply to an action for judicial re-
view under this subsection. 
‘‘(B) In the case where an agency delays the 
issuance of a final privacy impact assessment 
pursuant to subsection (c), an action for judicial 
review under this section shall be filed not later 
than—
‘‘(i) 1 year after the date the assess-
ment 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 expira-
tion of the 1-year period, the number of 
days specified in such provision of law that
is after the date the assessment is made 
available 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 public 
interest. 
‘‘(5) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to limit the authority of 
any court to stay the effective date of any rule or pro-
vision 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 action 
for the judicial review of a rule, the privacy impact 
assessment for such rule, including an assessment pre-
pared 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 state-
ment or similar assessment required by any other law 
if judicial review of such statement or assessment 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 informa-
tion. It includes information about such individual’s med-
ical 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 begin-
ning on the date of the enactment of this Act. For any
such rule, the head of the agency may provide 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 re-
viewing such rule before the expiration of the period 
is not feasible. The head of the agency may provide 
for additional 1-year extensions of the period pursu-
ant 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 section 553 
the following new item:
‘‘553a. Privacy impact assessment in rulemaking.’’.
Union Calendar No. 352
108TH CONGRESS 
2D SESSION 
H. R. 338
[Report No. 108–587] 
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. 
JULY 7, 2004
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed