PUBLIC LAW 114–126—FEB. 24, 2016 

JUDICIAL REDRESS ACT OF 2015 


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130 STAT. 282 PUBLIC LAW 114–126—FEB. 24, 2016 

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 

Judicial Redress 

Act of 2015. 

5 USC 552a note. 

Feb. 24, 2016 

[H.R. 1428] 


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PUBLIC LAW 114–126—FEB. 24, 2016 130 STAT. 283 

(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 

Determinations. 

Certification. 

Determination. 


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130 STAT. 284 PUBLIC LAW 114–126—FEB. 24, 2016 

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. 

Publication. 


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PUBLIC LAW 114–126—FEB. 24, 2016 130 STAT. 285 

LEGISLATIVE HISTORY—H.R. 1428: 

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. 

Æ 

(j) EFFECTIVE DATE.—This Act shall take effect 90 days after 

the date of the enactment of this Act. 

Approved February 24, 2016. 


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