Judicial Redress Act of 2015

Bill: 114-hr-1428
Sponsor: full_name: Rep. Sensenbrenner, F. James, Jr. [R-WI-5]
Introduced: 2015-03-18
Policy area: Law
Subjects: Civil actions and liability

Criminal investigation, prosecution, interrogation

Government information and archives

International organizations and cooperation

Right of privacy
Latest action: action_date: 2016-02-24
text: Became Public Law No: 114-126.

Summaries:
action_date: 2015-03-18
action_desc: Introduced in House
text: <p><b>Judicial Redress Act of 2015</b></p> <p>Authorizes the Department of Justice (DOJ) to designate foreign countries or regional economic integration organizations whose natural citizens may bring civil actions under the Privacy Act of 1974 against certain U.S. government agencies for purposes of accessing, amending, or redressing unlawful disclosures of records maintained by an agency.</p> <p>Allows DOJ, with the concurrence of the Department of State, the Department of the Treasury, and the Department of Homeland Security, to designate countries or organizations whose citizens may pursue such civil remedies if the person's country or organization has appropriate privacy protections for sharing information with the United States to prevent, investigate, detect, or prosecute criminal offenses.</p> <p>Exempts DOJ's designations from judicial or administrative review. </p> <p>Grants the U.S. District Court for the District of Columbia exclusive jurisdiction over any claim arising under this Act. </p>

action_date: 2015-10-20
action_desc: Passed House without amendment
text: <p>(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)</p> <p><b>Judicial Redress Act of 2015</b></p> <p>(Sec. 2) This bill authorizes the Department of Justice (DOJ) to designate foreign countries or regional economic integration organizations whose natural citizens may bring civil actions under the Privacy Act of 1974 against certain U.S. government agencies for purposes of accessing, amending, or redressing unlawful disclosures of records transferred from a foreign country to the United States to prevent, investigate, detect, or prosecute criminal offenses. </p> <p>The citizens of such countries or organizations may bring a civil action against: (1) U.S. agencies that intentionally or willfully violate conditions for disclosing records without the consent of the individual to whom the record pertains, and (2) U.S. agencies designated by DOJ with the concurrence of the agency that refuse an individual's request to review or amend his or her records.</p> <p>DOJ, with the concurrence of the Department of State, the Department of the Treasury, and the Department of Homeland Security, may designate countries or organizations whose citizens may pursue such civil remedies if the person's country or organization has appropriate privacy protections for sharing information with the United States. A country's designation may be revoked if it: (1) is not complying with a privacy protection agreement, (2) no longer has appropriate privacy protections for sharing information, or (3) impedes the transfer of information to the United States (for purposes of reporting or preventing unlawful activity) by a private entity or person. </p> <p>DOJ's designations are exempt from judicial or administrative review. </p> <p>The U.S. District Court for the District of Columbia is granted exclusive jurisdiction over any claim arising under this Act. </p>

action_date: 2016-02-01
action_desc: Reported to Senate with amendment(s)
text: <p><b>Judicial Redress Act of 2015</b></p> <p>(Sec. 2) This bill authorizes the Department of Justice (DOJ) to designate foreign countries or regional economic integration organizations whose natural citizens may bring civil actions under the Privacy Act of 1974 against certain U.S. government agencies for purposes of accessing, amending, or redressing unlawful disclosures of records transferred from a foreign country to the United States to prevent, investigate, detect, or prosecute criminal offenses. </p> <p>The citizens of such countries or organizations may bring a civil action against: (1) U.S. agencies that intentionally or willfully violate conditions for disclosing records without the consent of the individual to whom the record pertains; and (2) U.S. agencies designated by DOJ, with the concurrence of the agency, that refuse an individual's request to review or amend his or her records.</p> <p>DOJ, with the concurrence of the Department of State, the Department of the Treasury, and the Department of Homeland Security, may designate countries or organizations whose citizens may pursue such civil remedies if the person's country or organization: (1) has appropriate privacy protections for sharing information with the United States, as provided for in an agreement with the United States or as determined by DOJ; (2) permits the transfer of personal data for commercial purposes between its territory and the United States; and (3) has DOJ-certified data transfer policies that do not impede U.S. national security interests. </p> <p>A country's designation may be revoked if it: (1) is not complying with a privacy protection agreement, (2) no longer has appropriate privacy protections for sharing information, (3) fails to meet requirements for transfers of personal data for commercial purposes, (4) no longer meets the DOJ's transfer policy certification requirements, or (5) impedes the transfer of information to the United States (for purposes of reporting or preventing unlawful activity) by a private entity or person. </p> <p>DOJ's designations are exempt from judicial or administrative review. </p> <p>The U.S. District Court for the District of Columbia is granted exclusive jurisdiction over any claim arising under this Act. </p>

action_date: 2016-02-09
action_desc: Passed Senate amended
text: (This measure has not been amended since&nbsp;it was reported to the Senate on February 1, 2016. The summary of that version is repeated here.)&nbsp; <p><b>Judicial Redress Act of 2015</b></p> <p>(Sec. 2) This bill authorizes the Department of Justice (DOJ) to designate foreign countries or regional economic integration organizations whose natural citizens may bring civil actions under the Privacy Act of 1974 against certain U.S. government agencies for purposes of accessing, amending, or redressing unlawful disclosures of records transferred from a foreign country to the United States to prevent, investigate, detect, or prosecute criminal offenses. </p> <p>The citizens of such countries or organizations may bring a civil action against: (1) U.S. agencies that intentionally or willfully violate conditions for disclosing records without the consent of the individual to whom the record pertains; and (2) U.S. agencies designated by DOJ, with the concurrence of the agency, that refuse an individual's request to review or amend his or her records.</p> <p>DOJ, with the concurrence of the Department of State, the Department of the Treasury, and the Department of Homeland Security, may designate countries or organizations whose citizens may pursue such civil remedies if the person's country or organization: (1) has appropriate privacy protections for sharing information with the United States, as provided for in an agreement with the United States or as determined by DOJ; (2) permits the transfer of personal data for commercial purposes between its territory and the United States; and (3) has DOJ-certified data transfer policies that do not impede U.S. national security interests. </p> <p>A country's designation may be revoked if it: (1) is not complying with a privacy protection agreement, (2) no longer has appropriate privacy protections for sharing information, (3) fails to meet requirements for transfers of personal data for commercial purposes, (4) no longer meets the DOJ's transfer policy certification requirements, or (5) impedes the transfer of information to the United States (for purposes of reporting or preventing unlawful activity) by a private entity or person. </p> <p>DOJ's designations are exempt from judicial or administrative review. </p> <p>The U.S. District Court for the District of Columbia is granted exclusive jurisdiction over any claim arising under this Act. </p>

action_date: 2016-02-24
action_desc: Public Law
text: (This measure has not been amended since&nbsp;it was reported to the Senate on February 1, 2016. The summary of that version is repeated here.)&nbsp; <p><b>Judicial Redress Act of 2015</b></p> <p>(Sec. 2) This bill authorizes the Department of Justice (DOJ) to designate foreign countries or regional economic integration organizations whose natural citizens may bring civil actions under the Privacy Act of 1974 against certain U.S. government agencies for purposes of accessing, amending, or redressing unlawful disclosures of records transferred from a foreign country to the United States to prevent, investigate, detect, or prosecute criminal offenses. </p> <p>The citizens of such countries or organizations may bring a civil action against: (1) U.S. agencies that intentionally or willfully violate conditions for disclosing records without the consent of the individual to whom the record pertains; and (2) U.S. agencies designated by DOJ, with the concurrence of the agency, that refuse an individual's request to review or amend his or her records.</p> <p>DOJ, with the concurrence of the Department of State, the Department of the Treasury, and the Department of Homeland Security, may designate countries or organizations whose citizens may pursue such civil remedies if the person's country or organization: (1) has appropriate privacy protections for sharing information with the United States, as provided for in an agreement with the United States or as determined by DOJ; (2) permits the transfer of personal data for commercial purposes between its territory and the United States; and (3) has DOJ-certified data transfer policies that do not impede U.S. national security interests. </p> <p>A country's designation may be revoked if it: (1) is not complying with a privacy protection agreement, (2) no longer has appropriate privacy protections for sharing information, (3) fails to meet requirements for transfers of personal data for commercial purposes, (4) no longer meets the DOJ's transfer policy certification requirements, or (5) impedes the transfer of information to the United States (for purposes of reporting or preventing unlawful activity) by a private entity or person. </p> <p>DOJ's designations are exempt from judicial or administrative review. </p> <p>The U.S. District Court for the District of Columbia is granted exclusive jurisdiction over any claim arising under this Act. </p>

tv_txt: I 114th CONGRESS 1st Session H. R. 1428 IN THE HOUSE OF REPRESENTATIVES March 18, 2015 Mr. Sensenbrenner (for himself and Mr. Conyers ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To extend Privacy Act remedies to citizens of certified states, and for other purposes.

1. Short title This Act may be cited as the Judicial Redress Act of 2015 . 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) 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 (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. (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); (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 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.

tv_txt: I 114th CONGRESS 1st Session H. R. 1428 IN THE HOUSE OF REPRESENTATIVES AN ACT To extend Privacy Act remedies to citizens of certified states, and for other purposes.

1. Short title This Act may be cited as the Judicial Redress Act of 2015 . 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) 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 (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. (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); (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 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.

Passed the House of Representatives October 20, 2015. Karen L. Haas, Clerk.

tv_txt: IIB 114th CONGRESS 1st 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 AN ACT To extend Privacy Act remedies to citizens of certified states, and for other purposes.

1. Short title This Act may be cited as the Judicial Redress Act of 2015 . 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) 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 (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. (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); (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 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.

Passed the House of Representatives October 20, 2015. Karen L. Haas, Clerk

tv_txt: IB Union Calendar No. 223 114th CONGRESS 1st Session H. R. 1428 [Report No. 114–294, Part I] IN THE HOUSE OF REPRESENTATIVES March 18, 2015 Mr. Sensenbrenner (for himself and Mr. Conyers ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned October 20, 2015 Additional sponsors: Mr. Thompson of Pennsylvania and Mr. Forbes October 20, 2015 Reported from the Committee on the Judiciary October 20, 2015 The Committee on Oversight and Government Reform discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To extend Privacy Act remedies to citizens of certified states, and for other purposes.

1. Short title This Act may be cited as the Judicial Redress Act of 2015 . 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) 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 (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. (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); (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 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.

October 20, 2015 Reported from the Committee on the Judiciary October 20, 2015 The Committee on Oversight and Government Reform discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: 114th CONGRESS 2d Session H.R. 1428 In the Senate of the United States, February 9, 2016. Amendment:

That the bill from the House of Representatives (H.R. 1428) entitled An Act to extend Privacy Act remedies to citizens of certified states, and for other purposes. , do pass with the following On page 3, strike line 6 and all that follows through page 4 line 21, and insert: (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.

Secretary

tv_txt: I 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 H. R. 1428 AN ACT To extend Privacy Act remedies to citizens of certified states, and for other purposes.

1. Short title This Act may be cited as the Judicial Redress Act of 2015 . 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.

tv_txt: 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.

1. Short title This Act may be cited as the Judicial Redress Act of 2015 . 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) 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 (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. (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); (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 unlawful 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 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.

February 1, 2016 Reported with an amendment