[Congressional Record Volume 162, Number 23 (Tuesday, February 9, 2016)]
[Senate]
[Pages S756-S757]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      JUDICIAL REDRESS ACT OF 2015

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 356, H.R. 1428.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 1428) to extend Privacy Act remedies to 
     citizens of certified states, and for other purposes.

  The Senate proceeded to consider the bill, which had been reported 
from the Committee on the Judiciary, with an amendment, as follows:
  (The part of the bill intended to be stricken is shown in boldface 
brackets and the part of the bill intended to be inserted is shown in 
italic.)

                               H.R. 1428

       Be it enacted by the Senate and House of Representatives 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 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

[[Page S757]]

     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.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported amendment be agreed to; the bill, as amended, be 
read a third time and passed; and the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment was agreed to.
  The amendment was ordered to be engrossed, and the bill to be read a 
third time.
  The bill was read the third time.
  The bill (H.R. 1428), as amended, was passed.

                          ____________________