H.R. 5028

119th CONGRESS 1st Session

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 · Sponsor: Mr. Min · Committee: Committee on Oversight and Government Reform

Table of contents

• H.R. 5028
  • SEC. 1. Short title
  • SEC. 2. Liability of the United States and Federal personnel under the Privacy Act

SEC. 1. Short title

• This Act may be cited as the or the .

SEC. 2. Liability of the United States and Federal personnel under the Privacy Act

• Section 552a of title 5, United States Code, is amended—
  • in subsection (a)—
    • in paragraph (12), by striking and at the end;
    • in paragraph (13), by inserting striking the period at the end and inserting the following: ; and
    • by adding at the end the following:
      • the term covered special Government employee means a special Government employee (as such term is defined in section 202 of title 18) who—
        • does not serve on an advisory committee (as such term is defined in section 1001);
        • 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
        • 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.
  • in subsection (g)—
    • in paragraph (1)—
      • (i) in subparagraph (C), by striking ; and
      • (ii) in subparagraph (D), by striking ; and
      • (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.
    • by adding at the end the following: