II 
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 Representa-
tives 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 CITI-
ZENS OF DESIGNATED COUNTRIES. 
(a) CIVIL ACTION; CIVIL REMEDIES.—With respect 
to covered records, a covered person may bring a civil ac-
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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 
5, United States Code, when pursuing the civil remedies 
described in paragraphs (1) and (2) of subsection (a). 
(d) DESIGNATION OF COVERED COUNTRY.— 
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(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 
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 
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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. 
(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 coun-
try’’ for purposes of this section if— 
(A)(i) the country or regional economic in-
tegration organization, or member country of 
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such organization, has entered into an agreement 
with the United States that provides for appro-
priate 
privacy 
protections 
for 
information 
shared for the purpose of preventing, inves-
tigating, detecting, or prosecuting criminal of-
fenses; or 
(ii) the Attorney General has determined 
that the country or regional economic integra-
tion organization, or member country of such or-
ganization, has effectively shared information 
with the United States for the purpose of pre-
venting, investigating, detecting, or prosecuting 
criminal offenses and has appropriate privacy 
protections for such shared information; 
(B) the country or regional economic inte-
gration organization, or member country of such 
organization, permits the transfer of personal 
data for commercial purposes between the terri-
tory of that country or regional economic organi-
zation 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 
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of the country or regional economic integration 
organization, or member country of such organi-
zation, do not materially impede the national se-
curity 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 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 country’’— 
(A) is not complying with the agreement de-
scribed 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 ac-
tivity) to the United States by a private entity 
or person. 
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(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 
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-
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