United States Statutes at Large, Volume 130, 114th Congress, 2nd Session

[United States Statutes at Large, Volume 130, 114th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 114-126
114th Congress

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 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)(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

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(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

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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.

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(j) Effective Date.--This Act shall take effect 90 days after the
date of the enactment of this Act.

Approved February 24, 2016.

LEGISLATIVE HISTORY--H.R. 1428:
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HOUSE REPORTS: No. 114-294, Pt. 1 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 161 (2015):
Oct. 20, considered and passed
House.
Vol. 162 (2016):
Feb. 9, considered and passed
Senate, amended.
Feb. 10, House concurred in Senate
amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2016):
Feb. 24, Presidential remarks.