SEC. 2. EXTENSION OF PRIVACY ACT REMEDIES TO CITI-
ZENS OF DESIGNATED COUNTRIES. 
(a) CIVIL ACTION; CIVIL REMEDIES.—With respect 
to covered records, a covered person may bring a civil ac-
tion 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 in-
dividual 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 in-
tentionally 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 RE-
SPECT 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 limita-
tions, including exemptions and exceptions, as an indi-
vidual has and is subject to under section 552a of title 
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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 mem-
ber country of such organization, as a ‘‘covered 
country’’ for purposes of this section if— 
(A) the country or regional economic inte-
gration organization, or member country of 
such organization, has entered into an agree-
ment with the United States that provides for 
appropriate privacy protections for information 
shared for the purpose of preventing, inves-
tigating, detecting, or prosecuting criminal of-
fenses; or 
(B) the Attorney General has determined 
that the country or regional economic integra-
tion organization, or member country of such 
organization, has effectively shared information 
with the United States for the purpose of pre-
venting, investigating, detecting, or prosecuting 
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criminal offenses and has appropriate privacy 
protections for such shared information. 
(2) REMOVAL OF DESIGNATION.—The Attorney 
General may, with the concurrence of the Secretary 
of State, the Secretary of the Treasury, and the Sec-
retary of Homeland Security, revoke the designation 
of a foreign country or regional economic integration 
organization, or member country of such organiza-
tion, as a ‘‘covered country’’ if the Attorney General 
determines that such designated ‘‘covered coun-
try’’— 
(A) is not complying with the agreement 
described under paragraph (1)(A); 
(B) no longer meets the requirements for 
designation under paragraph (1)(B); or 
(C) impedes the transfer of information 
(for purposes of reporting or preventing unlaw-
ful activity) to the United States by a private 
entity or person. 
(e) DESIGNATION OF DESIGNATED FEDERAL AGEN-
CY 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 
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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 agree-
ment 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 des-
ignated as a ‘‘covered country’’ under sub-
section (d)(1)(B), the Attorney General deter-
mines that designating such agency or compo-
nent thereof is in the law enforcement interests 
of the United States. 
(f) FEDERAL
REGISTER
REQUIREMENT; NON-
REVIEWABLE DETERMINATION.—The Attorney General 
shall publish each determination made under subsections 
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(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 ju-
risdiction 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 inte-
gration organization, or member country of such or-
ganization, designated in accordance with subsection 
(d). 
(3) COVERED
PERSON.—The term ‘‘covered 
person’’ means a natural person (other than an indi-
vidual) 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 en-
tity within, a country or regional economic or-
ganization, or member country of such organi-
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zation, which at the time the record is trans-
ferred is a covered country; and 
(B) to a designated Federal agency or 
component for purposes of preventing, inves-
tigating, detecting, or prosecuting criminal of-
fenses. 
(5) DESIGNATED FEDERAL AGENCY OR COMPO-
NENT.—The term ‘‘designated Federal agency or 
component’’ means a Federal agency or component 
of an agency designated in accordance with sub-
section (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 cam-
era and ex parte any submission by the agency in connec-
tion with this subsection. 
(j) EFFECTIVE DATE.—This Act shall take effect 90 
days after the date of the enactment of this Act. 
Æ 
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