This bill would change the Freedom of Information Act to exempt the contents of the Firearms Trace System database kept by the ATF and certain records required under 18 U.S.C. 923(g) from public FOIA requests. It adds those records as a new exemption in 5 U.S.C. 552(b).
The bill creates penalties for non‑federal entities (State, local, tribal, or foreign) that disclose the covered "protected information" in violation of the covered disclosure statute or other federal law. Fines are $10,000 for a first violation or for a violation more than three years after the last one, and $25,000 for other violations. The Attorney General may stop sharing protected information with an entity fined under the $25,000 rule for one year. The Attorney General can sue to collect fines. The law says fines are assessed for each disclosure of each individual piece of protected information.
The bill also creates a private right of action. Any entity holding a license under 18 U.S.C. 923 that is harmed by an unlawful disclosure may sue a Federal agency or a local, tribal, or foreign entity. The bill removes sovereign immunity as a defense for these suits. A successful plaintiff is entitled to the greater of triple their damages or $25,000 for each disclosed piece of protected information, possible punitive damages as the court allows, and reasonable attorney fees and costs.
The bill includes definitions, a severability clause, and says it does not block other remedies available under law.
No publicly available information. The bill text does not include cost estimates, appropriations, or budgetary effects.
The bill text and title indicate proponents aim to provide accountability for unlawful disclosures and to protect firearm trace data and related records from public disclosure.
No publicly available information.