[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1428 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 356
114th CONGRESS
  2d Session
                                H. R. 1428


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 21, 2015

  Received; read twice and referred to the Committee on the Judiciary

                            February 1, 2016

              Reported by Mr. Grassley, with an amendment
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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).
<DELETED>    (d) Designation of Covered Country.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) 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</DELETED>
                <DELETED>    (B) 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.</DELETED>
        <DELETED>    (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''--
        </DELETED>
                <DELETED>    (A) is not complying with the agreement 
                described under paragraph (1)(A);</DELETED>
                <DELETED>    (B) no longer meets the requirements for 
                designation under paragraph (1)(B); or</DELETED>
                <DELETED>    (C) impedes the transfer of information 
                (for purposes of reporting or preventing unlawful 
                activity) to the United States by a private entity or 
                person.</DELETED>
    (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.
                                                       Calendar No. 356

114th CONGRESS

  2d Session

                               H. R. 1428

_______________________________________________________________________

                                 AN ACT

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

_______________________________________________________________________

                            February 1, 2016

                       Reported with an amendment