119-hr5028

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5028 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5028

 To amend 

section 552a of title 5, United States Code, to provide for 
 the liability of Federal personnel for intentional or willful 
 violations of such section, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 August 22, 2025

 Mr. Min (for himself and Mr. Johnson of Georgia) introduced the 
 following bill; which was referred to the Committee on Oversight and 
 Government Reform

_______________________________________________________________________

 A BILL

 To amend 

section 552a of title 5, United States Code, to provide for 
 the liability of Federal personnel for intentional or willful 
 violations of such section, 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 ``Security and Accountability For 
Everyone Act of 2025'' or the ``SAFE Act of 2025''.

SEC. 2. LIABILITY OF THE UNITED STATES AND FEDERAL PERSONNEL UNDER THE 
 PRIVACY ACT.

 

Section 552a of title 5, United States Code, is amended--

    (1) in subsection

    (a) --
        (A) in paragraph

    (12) , by striking ``and'' at the 
 end;
        (B) in paragraph

    (13) , by inserting striking the 
 period at the end and inserting the following: ``, and 
 covered special Government employees; and''; and
            (C) by adding at the end the following:
 ``

    (14) the term `covered special Government employee' means 
 a special Government employee (as such term is defined in 
 

section 202 of title 18) who--
 ``
        (A) does not serve on an advisory committee (as 
 such term is defined in 

section 1001);
 ``
        (B) serves in a position listed in level GS-13 or 
 higher of the General Schedule, an equivalent position 
 in the Senior Executive Service, a senior level 
 position, a scientific or professional position, or an 
 equivalent position in an agency-specific pay scale; 
 and
 ``
            (C) does not serve in a position that is 
 designated for an intern or unpaid student volunteer 
 serving pursuant to 

section 3111, or similar statutory 
 authority.''.

    (2) in subsection

    (g) --
        (A) in paragraph

    (1) --
            (i) in subparagraph
            (C) , by striking ``, 
 and consequently a determination is made which 
 is adverse to the individual''; and
            (ii) in subparagraph
            (D) , by striking ``, 
 in such a way as to have an adverse effect on 
 an individual''; and
        (B) by adding at the end the following:
 ``

    (6) Intentional or willful violations by federal 
 personnel.--
 ``
        (A) In general.--Whenever Federal personnel 
 engages in conduct described in subparagraph
            (C) or
            (D) of paragraph

    (1) that is intentional or willful and 
 that results in demonstrable harm to an individual, the 
 individual may bring a civil action against the Federal 
 personnel, and the district courts of the United States 
 shall have jurisdiction in the matters under the 
 provisions of this subsection.
 ``
        (B) No immunity.--It shall not be a defense to an 
 action under this paragraph alleging intentional or 
 willful conduct that the Federal personnel is immune 
 from liability.
 ``
            (C) Remedies.--In an action brought under this 
 paragraph, the Federal personnel shall be personally 
 liable to the individual in an amount equal to the 
 amount authorized under paragraph

    (4) . The United 
 States shall not be liable for such amount.
 ``
            (D) Reimbursement of department of justice.--If 
 an attorney for the Department of Justice represents 
 Federal personnel in an action under this paragraph, 
 and the Federal personnel is found to have engaged in 
 conduct described in subparagraph
            (C) or
            (D) of 
 paragraph

    (1) that was intentional or willful, the 
 court shall enter an order requiring the Federal 
 personnel to pay to the Department of Justice an amount 
 that is equal to the cost of such representation.
 ``

    (7) Parens patriae.--In any case in which the attorney 
 general of a State has reason to believe that an interest of 
 the residents of that State has been or is threatened or 
 adversely affected by conduct described in subparagraph
            (C) or
            (D) of paragraph

    (1) that is intentional or willful, the 
 attorney general of the State, as parens patriae, may bring a 
 civil action against the agency or the Federal personnel, as 
 applicable, on behalf of the residents of the State in an 
 appropriate district court of the United States to obtain 
 appropriate relief.''.
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