SAFE Act of 2025

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

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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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