H.R. 5028 — SAFE Act of 2025

This section amends civil remedies under the Privacy Act (i.e., regulations on federal agencies' collection, maintenance, use, and dissemination of individuals' personal records) by (1) expanding the definition of "Federal personnel" to include covered special government employees—defined as special government employees (per 18 U.S.C. 202) serving in GS-13 or higher equivalent positions who are not on advisory committees or designated interns/unpaid student volunteers; (2) broadening lawsuit triggers in subsection (g)(1)(C) and (D) by eliminating requirements for adverse determinations or effects on individuals; (3) establishing personal liability for federal personnel's intentional or willful violations under (g)(1)(C) or (D) that cause demonstrable harm to individuals—including remedies equivalent to those in (g)(4), no immunity defense, U.S. non-liability, and reimbursement of Department of Justice representation costs if applicable; and (4) authorizing state attorneys general to bring parens patriae actions against agencies or federal personnel for such intentional or willful conduct adversely affecting state residents.