Federal Agency Protection of Privacy Act of 2004

Bill: 108-hr-338
Sponsor: Rep. Chabot, Steve [R-OH-1]
Introduced: 2003-01-27 in the House
Policy area: Government Operations and Politics
Subjects: Administrative procedure
Armed Forces and National Security
Bank records
Citizen participation
Civil Rights and Liberties, Minority Issues
Classified defense information
Commerce
Computer networks
Conferences
Congress
Congressional oversight
Congressional reporting requirements
Congressional-executive relations
Crime and Law Enforcement
Criminal justice information
Department of the Treasury
Electronic government information
Finance and Financial Sector
Government paperwork
Government publicity
Health
Identification devices
Injunctions
Internal revenue law
Judicial review
Law
Limitation of actions
Medical records
Photography
Public meetings
Regulatory impact statements
Right of privacy
Science, Technology, Communications
Social Welfare
Social security numbers
Taxation
Telephone
Trade secrets

Summary:
action_date: 2003-01-27
text: Defense of Privacy Act - Requires Federal agencies: (1) when publishing a general notice of proposed rulemaking for any proposed rule or for an interpretative rule involving the internal revenue laws, to prepare, make available for public comment, and publish an initial analysis describing the rule's impact on the privacy of individuals; and (2) when promulgating the final rule, to prepare, make publicly available, and publish a final privacy impact analysis that includes a summary of the significant issues raised by and changes made pursuant to public comments on the initial analysis.
Requires the head of an agency promulgating a rule that may have a significant privacy impact on individuals or on a substantial number of individuals to use specified techniques to assure that individuals have been given an opportunity to participate in the rulemaking.
Requires each agency to: (1) carry out a periodic review of promulgated rules that have such impact to determine whether each such rule can be amended or rescinded in a manner that minimizes such impact while remaining in accordance with applicable statutes; (2) carry out such review in accordance with a plan that provides for the review of each rule every ten years after the rule was published as a final rule; and (3) publish annually a list of the rules to be reviewed.
Sets forth provisions governing judicial review of agency compliance with this Act.
action_date: 2004-07-07
text: 
Federal Agency Protection of Privacy Act of 2004 - Requires Federal agencies: (1) when publishing a general notice of proposed rulemaking for any proposed rule or a notice of proposed rulemaking for an interpretative rule involving the internal revenue laws, and such rulemaking pertains to the collection, maintenance, use, or disclosure of personally identifiable information from ten or more individuals, other than agencies, instrumentalities, or Federal employees, to prepare an initial assessment that describes the rule's impact on individual privacy; and (2) when promulgating the final rule, to prepare a final privacy impact assessment that includes a summary of any significant issues raised by and changes made pursuant to public comments on the initial assessment. Instructs agencies to make copies of final assessments publicly available and to publish such assessments or summaries thereof in the Federal Register.
 
Allows the head of an agency to waive or delay the completion of some or all of: (1) these requirements to the same extent as the agency head may waive or delay the completion of requirements for regulatory flexibility analyses; and (2) certain of the preceding requirements under this Act for national security reasons, or to protect from disclosure classified information, confidential commercial information, or information the disclosures of which may adversely affect a law enforcement effort.
 
Requires the head of an agency promulgating a rule that may have a significant privacy impact to assure that individuals have been given an opportunity to participate in the rulemaking. 
Requires each agency to: (1) carry out a periodic review of promulgated rules that have a signifcant privacy impact to determine whether each such rule can be amended or rescinded in a manner that minimizes such impact while remaining in accordance with applicable statutes; (2) carry out such review in accordance with a plan that provides for the review of each rule every ten years; and (3) annually publish a list of the rules to be reviewed. Requires the list to: (1) include a brief description of each rule and the need for and legal basis of such rule; and (2) invite public comment upon the determination concerning the rule. 
Sets forth provisions governing judicial review of agency compliance with this Act. 
Requires congressional review of agencies' actions that are relevant to this Act.

Legislative actions:
action_date: 2004-07-07
text: Placed on the Union Calendar, Calendar No. 352.
action_date: 2004-07-07
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 108-587.
action_date: 2004-07-07
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 108-587.
action_date: 2004-06-23
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2004-06-23
text: Committee Consideration and Mark-up Session Held.
action_date: 2004-02-10
text: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
action_date: 2004-02-10
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2003-07-22
text: Subcommittee Hearings Held.
action_date: 2003-03-06
text: Referred to the Subcommittee on Commercial and Administrative Law.
action_date: 2003-01-27
text: Referred to the House Committee on the Judiciary.
action_date: 2003-01-27
text: Introduced in House
action_date: 2003-01-27
text: Introduced in House