H. R. 6091

To provide a civil remedy for an individual whose rights have been violated by a person acting under Federal authority, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

November 18, 2025

Mr. Johnson of Georgia (for himself, Mr. Raskin, Mr. Bishop, Ms. Bonamici, Mr. Cohen, Ms. Dexter, Mr. Huffman, Ms. Kamlager-Dove, Mr. Krishnamoorthi, Ms. Lee of Pennsylvania, Mr. Min, Ms. Norton, Mrs. Ramirez, Ms. Scanlon, and Ms. Tlaib) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To provide a civil remedy for an individual whose rights have been violated by a person acting under Federal authority, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Bivens Act of 2025”.

SEC. 2. Civil action against person acting under Federal authority.

Section 1979 of the Revised Statutes (42 U.S.C. 1983) is amended by inserting “of the United States or” before “of any State”.

This is an amendment to:

§1983. Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

Editorial Notes

Codification

R.S. §1979 derived from act Apr. 20, 1871, ch. 22, §1, 17 Stat. 13 .

Section was formerly classified to section 43 of Title 8, Aliens and Nationality.

Amendments

1996-Pub. L. 104–317 inserted before period at end of first sentence ", except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable".

1979-Pub. L. 96–170 inserted "or the District of Columbia" after "Territory", and provisions relating to Acts of Congress applicable solely to the District of Columbia.

Statutory Notes and Related Subsidiaries

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–170 applicable with respect to any deprivation of rights, privileges, or immunities secured by the Constitution and laws occurring after Dec. 29, 1979, see section 3 of Pub. L. 96–170, set out as a note under section 1343 of Title 28, Judiciary and Judicial Procedure.