[Congressional Record Volume 161, Number 125 (Tuesday, August 4, 2015)]
[Senate]
[Pages S6312-S6313]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2589. Mr. MURPHY (for himself and Mr. Hatch) submitted an
amendment intended to be proposed by him to the bill S. 754, to improve
cybersecurity in the United States through enhanced sharing of
information about cybersecurity threats, and for other purposes; which
was ordered to lie on the table; as follows:
At the end, add the following:
SEC. __. JUDICIAL REDRESS.
(a) Short Title.--This section may be cited as the
``Judicial Redress Act of 2015''.
(b) Extension of Privacy Act Remedies to Citizens of
Designated Countries.--
(1) 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--
(A) 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
(B) 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.
(2) Exclusive remedies.--The remedies set forth in
paragraph (1) are the exclusive remedies available to a
covered person under this subsection.
(3) Application of the privacy act with respect to a
covered person.--For purposes of a civil action described in
paragraph (1), 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 subparagraphs (A) and (B) of
paragraph (1).
(4) Designation of covered country.--
(A) 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 subsection if--
(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) 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''--
(i) is not complying with the agreement described under
subparagraph (A)(i);
(ii) no longer meets the requirements for designation under
subparagraph (A)(ii); or
(iii) impedes the transfer of information (for purposes of
reporting or preventing unlawful activity) to the United
States by a private entity or person.
(5) Designation of designated federal agency or
component.--
(A) In general.--The Attorney General shall determine
whether an agency or component thereof is a ``designated
Federal agency or component'' for purposes of this
subsection. 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.
(B) 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 subsection, if--
(i) the Attorney General determines that information
exchanged by such agency with a covered country is within the
scope of an agreement referred to in paragraph (4)(A)(i); or
(ii) 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 paragraph (4)(A)(ii), the Attorney General
determines that designating such agency or component thereof
is in the law enforcement interests of the United States.
(6) Federal register requirement; nonreviewable
determination.--The Attorney General shall publish each
determination made under paragraphs (4) and (5). Such
determination shall not be subject to judicial or
administrative review.
(7) Jurisdiction.--The United States District Court for the
District of Columbia shall have exclusive jurisdiction over
any claim arising under this subsection.
(8) Definitions.--In this section:
(A) Agency.--The term ``agency'' has the meaning given that
term in section 552(f) of title 5, United States Code.
(B) Covered country.--The term ``covered country'' means a
country or regional economic integration organization, or
member country of such organization, designated in accordance
with paragraph (4).
(C) Covered person.--The term ``covered person'' means a
natural person (other than an individual) who is a citizen of
a covered country.
(D) 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--
(i) 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
(ii) to a designated Federal agency or component for
purposes of preventing, investigating, detecting, or
prosecuting criminal offenses.
(E) 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 paragraph (5).
[[Page S6313]]
(F) Individual.--The term ``individual'' has the meaning
given that term in section 552a(a)(2) of title 5, United
States Code.
(9) Preservation of privileges.--Nothing in this subsection
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 paragraph.
(10) Effective date.--This section shall take effect 90
days after the date of the enactment of this Act.
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