S. 4977: Recovery, Enforcement, and Damages to Assure Confidential Treatment Act

This bill would change the Epstein Files Transparency Act by creating a private right to sue the federal government if, when releasing documents, government officials fail to protect certain sensitive information about victims.

What information must be protected

The bill applies when documents are released under the Epstein Files Transparency Act and the government does not withhold or redact:

• Personally identifiable information of a victim
• Personal or medical files of a victim
• Other similar victim files where disclosure would be a clearly unwarranted invasion of personal privacy

Who could sue

Anyone who is harmed by one of these failures could file a civil lawsuit against the United States, but only if the mistake was made by a federal officer, employee, or agent.

What a successful plaintiff could receive

If someone wins such a case, 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
• Attorney’s fees and litigation costs
• Injunctive or declaratory relief, meaning court orders or formal declarations as appropriate

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

Sovereign immunity

The bill says the United States would waive sovereign immunity for lawsuits under this provision, meaning the federal government would consent to being sued for these claims.

Deadline for filing lawsuits

A lawsuit generally would have to be filed within 5 years after the injured person first learns of the violation. For violations someone already knew about before the bill becomes law, the lawsuit would have to be filed within 5 years after enactment.

When it would apply

The new lawsuit provision would apply only to violations that occur on or after November 19, 2025.

Relevant Companies

None found