[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1428 Enrolled Bill (ENR)]

        H.R.1428

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
           the fourth day of January, two thousand and sixteen


                                 An Act


 
To extend Privacy Act remedies to citizens of certified states, and for 
                             other purposes.

    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 ``Judicial Redress Act of 2015''.
SEC. 2. EXTENSION OF PRIVACY ACT REMEDIES TO CITIZENS OF DESIGNATED 
COUNTRIES.
    (a) Civil Action; Civil Remedies.--With respect to covered records, 
a covered person may bring a civil action against an agency and obtain 
civil remedies, in the same manner, to the same extent, and subject to 
the same limitations, including exemptions and exceptions, as an 
individual may bring and obtain with respect to records under--
        (1) section 552a(g)(1)(D) of title 5, United States Code, but 
    only with respect to disclosures intentionally or willfully made in 
    violation of section 552a(b) of such title; and
        (2) subparagraphs (A) and (B) of section 552a(g)(1) of title 5, 
    United States Code, but such an action may only be brought against 
    a designated Federal agency or component.
    (b) Exclusive Remedies.--The remedies set forth in subsection (a) 
are the exclusive remedies available to a covered person under this 
section.
    (c) Application of the Privacy Act With Respect to a Covered 
Person.--For purposes of a civil action described in subsection (a), a 
covered person shall have the same rights, and be subject to the same 
limitations, including exemptions and exceptions, as an individual has 
and is subject to under section 552a of title 5, United States Code, 
when pursuing the civil remedies described in paragraphs (1) and (2) of 
subsection (a).
    (d) Designation of Covered Country.--
        (1) In general.--The Attorney General may, with the concurrence 
    of the Secretary of State, the Secretary of the Treasury, and the 
    Secretary of Homeland Security, designate a foreign country or 
    regional economic integration organization, or member country of 
    such organization, as a ``covered country'' for purposes of this 
    section if--
            (A)(i) the country or regional economic integration 
        organization, or member country of such organization, has 
        entered into an agreement with the United States that provides 
        for appropriate privacy protections for information shared for 
        the purpose of preventing, investigating, detecting, or 
        prosecuting criminal offenses; or
            (ii) the Attorney General has determined that the country 
        or regional economic integration organization, or member 
        country of such organization, has effectively shared 
        information with the United States for the purpose of 
        preventing, investigating, detecting, or prosecuting criminal 
        offenses and has appropriate privacy protections for such 
        shared information;
            (B) the country or regional economic integration 
        organization, or member country of such organization, permits 
        the transfer of personal data for commercial purposes between 
        the territory of that country or regional economic organization 
        and the territory of the United States, through an agreement 
        with the United States or otherwise; and
            (C) the Attorney General has certified that the policies 
        regarding the transfer of personal data for commercial purposes 
        and related actions of the country or regional economic 
        integration organization, or member country of such 
        organization, do not materially impede the national security 
        interests of the United States.
        (2) Removal of designation.--The Attorney General may, with the 
    concurrence of the Secretary of State, the Secretary of the 
    Treasury, and the Secretary of Homeland Security, revoke the 
    designation of a foreign country or regional economic integration 
    organization, or member country of such organization, as a 
    ``covered country'' if the Attorney General determines that such 
    designated ``covered country''--
            (A) is not complying with the agreement described under 
        paragraph (1)(A)(i);
            (B) no longer meets the requirements for designation under 
        paragraph (1)(A)(ii);
            (C) fails to meet the requirements under paragraph (1)(B);
            (D) no longer meets the requirements for certification 
        under paragraph (1)(C); or
            (E) impedes the transfer of information (for purposes of 
        reporting or preventing unlawful activity) to the United States 
        by a private entity or person.
    (e) Designation of Designated Federal Agency or Component.--
        (1) In general.--The Attorney General shall determine whether 
    an agency or component thereof is a ``designated Federal agency or 
    component'' for purposes of this section. The Attorney General 
    shall not designate any agency or component thereof other than the 
    Department of Justice or a component of the Department of Justice 
    without the concurrence of the head of the relevant agency, or of 
    the agency to which the component belongs.
        (2) Requirements for designation.--The Attorney General may 
    determine that an agency or component of an agency is a 
    ``designated Federal agency or component'' for purposes of this 
    section, if--
            (A) the Attorney General determines that information 
        exchanged by such agency with a covered country is within the 
        scope of an agreement referred to in subsection (d)(1)(A); or
            (B) with respect to a country or regional economic 
        integration organization, or member country of such 
        organization, that has been designated as a ``covered country'' 
        under subsection (d)(1)(B), the Attorney General determines 
        that designating such agency or component thereof is in the law 
        enforcement interests of the United States.
    (f) Federal Register Requirement; Nonreviewable Determination.--The 
Attorney General shall publish each determination made under 
subsections (d) and (e). Such determination shall not be subject to 
judicial or administrative review.
    (g) Jurisdiction.--The United States District Court for the 
District of Columbia shall have exclusive jurisdiction over any claim 
arising under this section.
    (h) Definitions.--In this Act:
        (1) Agency.--The term ``agency'' has the meaning given that 
    term in section 552(f) of title 5, United States Code.
        (2) Covered country.--The term ``covered country'' means a 
    country or regional economic integration organization, or member 
    country of such organization, designated in accordance with 
    subsection (d).
        (3) Covered person.--The term ``covered person'' means a 
    natural person (other than an individual) who is a citizen of a 
    covered country.
        (4) Covered record.--The term ``covered record'' has the same 
    meaning for a covered person as a record has for an individual 
    under section 552a of title 5, United States Code, once the covered 
    record is transferred--
            (A) by a public authority of, or private entity within, a 
        country or regional economic organization, or member country of 
        such organization, which at the time the record is transferred 
        is a covered country; and
            (B) to a designated Federal agency or component for 
        purposes of preventing, investigating, detecting, or 
        prosecuting criminal offenses.
        (5) Designated federal agency or component.--The term 
    ``designated Federal agency or component'' means a Federal agency 
    or component of an agency designated in accordance with subsection 
    (e).
        (6) Individual.--The term ``individual'' has the meaning given 
    that term in section 552a(a)(2) of title 5, United States Code.
    (i) Preservation of Privileges.--Nothing in this section shall be 
construed to waive any applicable privilege or require the disclosure 
of classified information. Upon an agency's request, the district court 
shall review in camera and ex parte any submission by the agency in 
connection with this subsection.
    (j) Effective Date.--This Act shall take effect 90 days after the 
date of the enactment of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.