Bivens Act of 2025
Summary
What This Bill Does
The Bivens Act of 2025 is a short civil-rights enforcement bill. It amends section 1979 of the Revised Statutes, codified at 42 U.S.C. 1983, by adding persons acting under federal authority to the existing cause of action for deprivation of rights. Current section 1983 text focuses on actions taken under color of State law. The bill would make the statute also cover persons acting under authority of the United States, giving plaintiffs a statutory route to sue federal actors who deprive them of constitutional or federal rights.
Who Benefits and How
People alleging constitutional violations by federal officers benefit from an express statutory damages path. Civil-rights plaintiffs benefit because federal-authority conduct would be covered in the same civil action framework as State-action conduct. Civil-rights lawyers benefit from clearer statutory text for claims against federal actors. Federal courts benefit from Congress clarifying the availability of a federal-officer civil-rights cause of action.
Who Bears the Burden and How
Federal officers and federal employees face increased enforcement exposure and may have to pay or defend damages claims for rights-deprivation lawsuits. Federal agencies must handle defense costs, indemnification decisions, training updates, and risk-management implementation work. Department of Justice litigators must defend more cases involving federal-authority conduct when agencies or officers are sued. Federal courts must manage additional civil-rights filings against federal actors and related oversight of remedies.
Key Provisions
- Amends 42 U.S.C. 1983 to cover persons acting under authority of the United States.
- Creates an express statutory route for civil-rights claims against federal actors.
- Extends the existing rights-deprivation cause of action beyond State-action conduct.
- Increases litigation exposure for federal officers who violate constitutional or federal rights.
Evidence Chain:
This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers with clause-level evidence links.
At a Glance
What This Bill Does
Amends 42 U.S.C. 1983 so civil-rights lawsuits can be brought against persons acting under federal authority, creating an express federal-officer damages remedy alongside the existing State-action cause of action.
Key Policy Areas
Civil Rights, Federal Accountability, Courts
Primary Purpose
Amends 42 U.S.C. 1983 so civil-rights lawsuits can be brought against persons acting under federal authority, creating an express federal-officer damages remedy alongside the existing State-action cause of action.
Policy Domains
Substantive provisions
Identified Gains
- People alleging constitutional violations by federal officers
- Civil-rights plaintiffs
- Civil-rights lawyers
- Federal courts interpreting civil-rights statutes
Identified Costs
- Federal officers
- Federal agencies
- Department of Justice litigators
- Federal court administrators
Sponsors
Legislative Progress
In CommitteeMr. Johnson of Georgia (for himself, Mr. Raskin, Mr. Bishop, …
Referred to the House Committee on the Judiciary.
Introduced in House
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
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