II 

114TH CONGRESS 

1ST SESSION S. 1600 

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

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 17, 2015 

Mr. MURPHY (for himself and Mr. HATCH) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To extend Privacy Act remedies to citizens of certified states, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Judicial Redress Act 

5 of 2015’’. 

6 SEC. 2. EXTENSION OF PRIVACY ACT REMEDIES TO CITI7 ZENS OF DESIGNATED COUNTRIES. 

8 (a) CIVIL ACTION; CIVIL REMEDIES.—With respect 

9 to covered records, a covered person may bring a civil ac10 tion against an agency and obtain civil remedies, in the 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•S 1600 IS

1 same manner, to the same extent, and subject to the same 

2 limitations, including exemptions and exceptions, as an in3 dividual may bring and obtain with respect to records 

4 under— 

5 (1) section 552a(g)(1)(D) of title 5, United 

6 States Code, but only with respect to disclosures in7 tentionally or willfully made in violation of section 

8 552a(b) of such title; and 

9 (2) subparagraphs (A) and (B) of section 

10 552a(g)(1) of title 5, United States Code, but such 

11 an action may only be brought against a designated 

12 Federal agency or component. 

13 (b) EXCLUSIVE REMEDIES.—The remedies set forth 

14 in subsection (a) are the exclusive remedies available to 

15 a covered person under this section. 

16 (c) APPLICATION OF THE PRIVACY ACT WITH RE17 SPECT TO A COVERED PERSON.—For purposes of a civil 

18 action described in subsection (a), a covered person shall 

19 have the same rights, and be subject to the same limita20 tions, including exemptions and exceptions, as an indi21 vidual has and is subject to under section 552a of title 

22 5, United States Code, when pursuing the civil remedies 

23 described in paragraphs (1) and (2) of subsection (a). 

24 (d) DESIGNATION OF COVERED COUNTRY.— 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•S 1600 IS

1 (1) IN GENERAL.—The Attorney General may, 

2 with the concurrence of the Secretary of State, the 

3 Secretary of the Treasury, and the Secretary of 

4 Homeland Security, designate a foreign country or 

5 regional economic integration organization, or mem6 ber country of such organization, as a ‘‘covered 

7 country’’ for purposes of this section if— 

8 (A) the country or regional economic inte9 gration organization, or member country of 

10 such organization, has entered into an agree11 ment with the United States that provides for 

12 appropriate privacy protections for information 

13 shared for the purpose of preventing, inves14 tigating, detecting, or prosecuting criminal of15 fenses; or 

16 (B) the Attorney General has determined 

17 that the country or regional economic integra18 tion organization, or member country of such 

19 organization, has effectively shared information 

20 with the United States for the purpose of pre21 venting, investigating, detecting, or prosecuting 

22 criminal offenses and has appropriate privacy 

23 protections for such shared information. 

24 (2) REMOVAL OF DESIGNATION.—The Attorney 

25 General may, with the concurrence of the Secretary 


smartinez on DSK4TPTVN1PROD with BILLS
4 

•S 1600 IS

1 of State, the Secretary of the Treasury, and the Sec2 retary of Homeland Security, revoke the designation 

3 of a foreign country or regional economic integration 

4 organization, or member country of such organiza5 tion, as a ‘‘covered country’’ if the Attorney General 

6 determines that such designated ‘‘covered coun7 try’’— 

8 (A) is not complying with the agreement 

9 described under paragraph (1)(A); 

10 (B) no longer meets the requirements for 

11 designation under paragraph (1)(B); or 

12 (C) impedes the transfer of information 

13 (for purposes of reporting or preventing unlaw14 ful activity) to the United States by a private 

15 entity or person. 

16 (e) DESIGNATION OF DESIGNATED FEDERAL AGEN17 CY OR COMPONENT.— 

18 (1) IN GENERAL.—The Attorney General shall 

19 determine whether an agency or component thereof 

20 is a ‘‘designated Federal agency or component’’ for 

21 purposes of this section. The Attorney General shall 

22 not designate any agency or component thereof other 

23 than the Department of Justice or a component of 

24 the Department of Justice without the concurrence 


smartinez on DSK4TPTVN1PROD with BILLS
5 

•S 1600 IS

1 of the head of the relevant agency, or of the agency 

2 to which the component belongs. 

3 (2) REQUIREMENTS FOR DESIGNATION.—The 

4 Attorney General may determine that an agency or 

5 component of an agency is a ‘‘designated Federal 

6 agency or component’’ for purposes of this section, 

7 if— 

8 (A) the Attorney General determines that 

9 information exchanged by such agency with a 

10 covered country is within the scope of an agree11 ment referred to in subsection (d)(1)(A); or 

12 (B) with respect to a country or regional 

13 economic integration organization, or member 

14 country of such organization, that has been des15 ignated as a ‘‘covered country’’ under sub16 section (d)(1)(B), the Attorney General deter17 mines that designating such agency or compo18 nent thereof is in the law enforcement interests 

19 of the United States. 

20 (f) FEDERAL REGISTER REQUIREMENT; NON21 REVIEWABLE DETERMINATION.—The Attorney General 

22 shall publish each determination made under subsections 

23 (d) and (e). Such determination shall not be subject to 

24 judicial or administrative review. 


smartinez on DSK4TPTVN1PROD with BILLS
6 

•S 1600 IS

1 (g) JURISDICTION.—The United States District 

2 Court for the District of Columbia shall have exclusive ju3 risdiction over any claim arising under this section. 

4 (h) DEFINITIONS.—In this Act: 

5 (1) AGENCY.—The term ‘‘agency’’ has the 

6 meaning given that term in section 552(f) of title 5, 

7 United States Code. 

8 (2) COVERED COUNTRY.—The term ‘‘covered 

9 country’’ means a country or regional economic inte10 gration organization, or member country of such or11 ganization, designated in accordance with subsection 

12 (d). 

13 (3) COVERED PERSON.—The term ‘‘covered 

14 person’’ means a natural person (other than an indi15 vidual) who is a citizen of a covered country. 

16 (4) COVERED RECORD.—The term ‘‘covered 

17 record’’ has the same meaning for a covered person 

18 as a record has for an individual under section 552a 

19 of title 5, United States Code, once the covered 

20 record is transferred— 

21 (A) by a public authority of, or private en22 tity within, a country or regional economic or23 ganization, or member country of such organi24 zation, which at the time the record is trans25 ferred is a covered country; and 


smartinez on DSK4TPTVN1PROD with BILLS
7 

•S 1600 IS

1 (B) to a designated Federal agency or 

2 component for purposes of preventing, inves3 tigating, detecting, or prosecuting criminal of4 fenses. 

5 (5) DESIGNATED FEDERAL AGENCY OR COMPO6 NENT.—The term ‘‘designated Federal agency or 

7 component’’ means a Federal agency or component 

8 of an agency designated in accordance with sub9 section (e). 

10 (6) INDIVIDUAL.—The term ‘‘individual’’ has 

11 the meaning given that term in section 552a(a)(2) 

12 of title 5, United States Code. 

13 (i) PRESERVATION OF PRIVILEGES.—Nothing in this 

14 section shall be construed to waive any applicable privilege 

15 or require the disclosure of classified information. Upon 

16 an agency’s request, the district court shall review in cam17 era and ex parte any submission by the agency in connec18 tion with this subsection. 

19 (j) EFFECTIVE DATE.—This Act shall take effect 90 

20 days after the date of the enactment of this Act. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS