The SAFE Act of 2025 significantly amends the Privacy Act, specifically section 552a of title 5, United States Code, to enhance accountability for federal personnel. It introduces provisions allowing individuals to bring civil actions directly against federal personnel for intentional or willful violations of the Act that result in demonstrable harm. This legislation also broadens the scope of individuals covered by the Privacy Act to include certain covered special Government employees , defined as those in higher-level positions who are not interns or advisory committee members. Furthermore, it removes previous requirements that an agency's adverse determination or effect must occur for a civil action to be initiated, thereby expanding the grounds for legal recourse. Under these new provisions, federal personnel found liable for such violations will be personally liable for damages, with the United States explicitly exempted from financial responsibility. The bill stipulates that immunity shall not be a defense in actions alleging intentional or willful misconduct. Additionally, if the Department of Justice represents federal personnel who are subsequently found liable, those personnel will be required to reimburse the Department for the cost of their legal representation. The Act also empowers State Attorneys General to initiate parens patriae civil actions against agencies or federal personnel on behalf of state residents whose interests have been threatened or adversely affected by intentional or willful Privacy Act violations.
Referred to the House Committee on Oversight and Government Reform.
Government Operations and Politics
SAFE Act of 2025
USA119th CongressHR-5028| House
| Updated: 8/22/2025
The SAFE Act of 2025 significantly amends the Privacy Act, specifically section 552a of title 5, United States Code, to enhance accountability for federal personnel. It introduces provisions allowing individuals to bring civil actions directly against federal personnel for intentional or willful violations of the Act that result in demonstrable harm. This legislation also broadens the scope of individuals covered by the Privacy Act to include certain covered special Government employees , defined as those in higher-level positions who are not interns or advisory committee members. Furthermore, it removes previous requirements that an agency's adverse determination or effect must occur for a civil action to be initiated, thereby expanding the grounds for legal recourse. Under these new provisions, federal personnel found liable for such violations will be personally liable for damages, with the United States explicitly exempted from financial responsibility. The bill stipulates that immunity shall not be a defense in actions alleging intentional or willful misconduct. Additionally, if the Department of Justice represents federal personnel who are subsequently found liable, those personnel will be required to reimburse the Department for the cost of their legal representation. The Act also empowers State Attorneys General to initiate parens patriae civil actions against agencies or federal personnel on behalf of state residents whose interests have been threatened or adversely affected by intentional or willful Privacy Act violations.