H.R. 9679: Recovery, Enforcement, and Damages to Assure Confidential Treatment Act

This bill would add a new legal remedy for people whose private information is improperly disclosed in records released under the Epstein Files Transparency Act.

What it changes

The bill says that when federal agencies release documents under the Epstein Files Transparency Act, they must withhold or redact certain sensitive information about victims. This includes:

• personally identifiable information;
• personal or medical files of victims; and
• other similar files where disclosure would be a clearly unwarranted invasion of personal privacy.

If the government fails to do that, the bill creates a private right of action, meaning a person harmed by the disclosure can sue the United States in federal court.

Who could sue

Any person who is “aggrieved” by the improper disclosure could bring a civil lawsuit, as long as the violation was committed by an officer, employee, or agent of the federal government or a federal department or agency.

What damages and remedies would be available

If the plaintiff wins, the court would have to award:

• for each separate violation, the greater of $50,000 or actual compensatory damages, including pain and suffering and emotional distress;
• reasonable attorney’s fees and litigation costs; and
• injunctive or declaratory relief, which are court orders to stop or address the improper disclosure.

The bill also allows a court to grant preliminary injunctive relief while the case is pending, if requested.

Other legal effects

• The federal government would expressly waive sovereign immunity for these lawsuits, meaning it could be sued for these claims.
• The deadline to file a lawsuit would generally be 5 years after the person first gets actual notice of the violation.
• For violations already known before enactment, the lawsuit deadline would be 5 years from the date the new law is enacted.
• The new rule would apply to violations occurring on or after November 19, 2025.

Relevant Companies

None found