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HR5028119th CongressWALLET

SAFE Act of 2025

Sponsored By: Representative Min, Dave [D-CA-47]

Introduced

Summary

Creates civil liability for intentional or willful violations of the Privacy Act by federal personnel. This bill would let people sue federal employees for demonstrable harm and defines who counts as a "covered special Government employee".

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  • Individuals harmed by intentional or willful Privacy Act conduct could bring civil actions in federal district court and seek damages equal to the amount authorized under paragraph (4).
  • Federal personnel found to have engaged in intentional or willful violations may be held personally liable and may not assert immunity as a defense.
  • If the Department of Justice represents an employee and the employee is found liable for intentional or willful conduct, the employee must reimburse DOJ for the cost of that representation.
  • State attorneys general may sue as parens patriae on behalf of residents for intentional or willful violations.
  • The bill narrows who faces this regime by defining a "covered special Government employee" to senior staff (GS-13 or higher, Senior Executive Service, senior level, scientific or professional positions, or equivalent) and excludes advisory committee members and interns.
  • The United States would not be liable for damages assessed against federal personnel in these actions.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Sue federal staff for privacy harms

You would be able to sue a federal employee in U.S. district court if they intentionally or willfully break the Privacy Act and you suffer demonstrable harm. The employee could not claim immunity and would be personally liable for the amount allowed under paragraph (4), not the United States. If the Department of Justice defends the employee and the court finds intentional or willful conduct, the employee would have to repay DOJ’s defense costs. Your State attorney general could sue an agency or the employee on behalf of residents for the same conduct. The bill would define which special government employees count (senior roles at GS-13 or higher or equivalent), and exclude advisory committee members, interns, and unpaid student volunteers. It would also remove older “adverse determination/effect” wording in those clauses. These rules would take effect upon enactment.

Sponsors & CoSponsors

Sponsor

Min, Dave [D-CA-47]

CA • D

Cosponsors

  • Rep. Johnson, Henry C. "Hank" [D-GA-4]

    GA • D

    Sponsored 8/22/2025

Roll Call Votes

No roll call votes available for this bill.

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