Congressman Johnson Reintroduces Bills to Hold Federal Officials Accountable

Congressmen Johnson, Raskin reintroduce Bivens Act That Would Allow Citizens to Recover Damages for Constitutional Violations by Federal Officials

Sen. Sheldon Whitehouse (D-RI) Introduces Senate Companion

Johnson, Whitehouse reintroduce Constitutional Accountability Act To Hold Police Accountable

WASHINGTON, D.C. — Today, Congressmen Hank Johnson (GA-04) and Jamie Raskin (MD-08) reintroduced the Bivens Act, legislation that allows citizens to recover damages for constitutional violations committed against them by federal officials, including U.S. Immigration and Customs Enforcement (ICE), Transportation Security Administration (TSA), Federal Bureau of Investigation (FBI), Department of Justice (DOJ), and federal prison officials, among others. Senator Sheldon Whitehouse (RI) introduced the Senate companion. 

Congressman Johnson and Senator Whitehouse also reintroduced today the Constitutional Accountability Act, legislation to hold federal law enforcement agencies and police departments accountable for unconstitutional conduct by their officers.  

"Under this lawless administration, federal officers are using excessive force and violating constitutional rights in our streets with impunity,” said Congressman Johnson, ranking member of the House Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet. “If federal officials violate the Constitution, they should be held to the same standard as state and local officials, full stop.”

"We are reminded every day that when federal agencies trample constitutional rights, Americans are too often left without any meaningful remedy or path to justice. The Bivens Act is an answer to that crisis. This bill would restore the basic promise that no federal officer is above the Constitution and no person whose rights have been violated is beneath its protection," said Congressman  Jamie Raskin, ranking member of the House Judiciary Committee. "At a moment when ICE’s constitutional abuses have shaken communities across the country, this legislation is more urgently needed than ever."

“Honest courtrooms are often the best way to ensure accountability by public officials, including law enforcement, at all levels of government.  But this Supreme Court’s confusing judicial precedent prevents victims from going to court to hold federal officials accountable for clear and often egregious constitutional violations,” said Senator Whitehouse, ranking member of the Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action and Federal Rights.  “Our Bivens bill would reopen the courthouse doors to these victims and encourage more responsible conduct by federal officials.”

After the Civil War, Congress enacted 42 U.S.C. § 1983 to ensure that state and local officials could not violate individuals’ federal constitutional rights with impunity. Section 1983 is designed to allow individuals to sue state and local officials to recover damages for constitutional violations. It is the primary tool victims of police misconduct and other government abuse use to seek redress for constitutional injuries at the state and local level. There is no comparable statute providing an express cause of action for victims of constitutional violations perpetuated by federal officials.

Instead, victims of constitutional or statutory violations by federal officials have been left to implied causes of action. Since the 1970s, the U.S. Supreme Court’s Bivens doctrine has recognized limited circumstances in which the Constitution itself authorizes a self-executing remedy for damages. But the Court has significantly curtailed the availability of Bivens claims in recent years. In February 2020, the Court in Hernandez v. Mesa went so far as to note that “it is doubtful” today’s Court would have recognized Bivens claims at all. 

In the most-recent Continuing Resolution, U.S. Senators inserted the carve-out in response to revelations that the FBI, during special counsel Jack Smith’s investigation into the January 6, 2021, insurrection, subpoenaed the phone records of several Republican senators. It allows them a new legal right to hold federal officials accountable – but not ordinary citizens. The Bivens Act says no matter who the victim is, courthouse doors should be open. 

House cosponsors: Reps. Rashida Tlaib (MI-12); Sydney Kamlager-Dove (CA-37); Eleanor Holmes Norton (DC); Summer L. Lee (PA-12); Sanford D. Bishop, Jr. (GA-02); Dave Min (CA-47); Steve Cohen (TN-09); Jared Huffman (CA-02); Maxine Dexter (OR-03); Raja Krishnamoorthi (IL-08); Suzanne Bonamici (OR-01); Mary Gay Scanlon (PA-05); Delia C. Ramirez (IL-03).

Supporting Groups: American Civil Liberties Union; Amnesty International; American-Arab Anti-Discrimination Committee (ADC); Asian Americans Advancing Justice (AAJC); Brennan Center; Center for Gender & Refugee Studies; Center for Policing Equity (CPE); Constitutional Accountability Center; Institute for Justice; Justice in Motion; Kids in Need of Defense; Lawyers for Good Government; Mexican American Legal Defense and Educational Fund (MALDEF); Muslim Advocates; NAACP Legal Defense and Educational Fund, Inc. (LDF); National Immigrant Justice Center; National Partnership for New Americans; Project on Government Oversight (POGO); Protect Democracy; Secure Justice; Southern Border Communities Coalition (SBCC); Southern Poverty Law Center; The Advocates for Human Rights; The Asylum Seeker Advocacy Project (ASAP); The Black Police Experience (BPX, LLC); UnidosUS.

Read the Bivens Act of 2025 HERE. 

Read the Constitutional Accountability Act HERE.

WHAT THEY ARE SAYING

“Holding federal government officials accountable for unconstitutional actions is a nonpartisan principle that protects all of us. The Project On Government Oversight supports the Bivens Act of 2025, which would ensure that the constitutional rights of people are not violated with impunity. POGO commends Representative Johnson for leading the effort to fix this gap in the law, and we look forward to working with anyone willing to join this important effort.” -- Don Bell, Policy Counsel, The Constitution Project

“Section 1983 is a civil rights statute that allows Americans to sue government officials who violate the Constitution. The Bivens Act closes a loophole in Section 1983 by including federal officials within its reach. This is a common sense solution that brings all officials, no matter whether they work for local, state, or federal government to the same level of accountability. Whether it’s ICE, IRS, or ATF, all should be forced to answer in the court of law for their unconstitutional actions.” -- Anya Bidwell, Senior Attorney, Institute for Justice

“An inmate at a federal prison is beaten and his abusers withhold his only recourse to report the abuse -- but he cannot sue. Another prisoner is raped repeatedly by his corrections officer, but there is no avenue for relief. And now, people are swept off the streets by masked, unidentified federal ICE agents -- including babies -- but they have no recourse. Just as federal powers have hit their apex, federal accountability has hit its nadir. Congress must act now to rectify this national injustice.” -- Khadijah Silver, Supervising Attorney for Civil Rights, Lawyers for Good Government

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