119-hr1698

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1698 Introduced in House

    (IH) ]

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119th CONGRESS
 1st Session
 H. R. 1698

 To provide accountability for unlawful disclosures of firearm trace 
 data in the Firearms Trace System database, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 27, 2025

 Mr. Higgins of Louisiana (for himself, Mr. Weber of Texas, Mr. Babin, 
 Mr. Schmidt, Mr. Fleischmann, Mr. Collins, Mr. Gill of Texas, Mr. 
 Rutherford, Mr. Harris of Maryland, and Mr. Messmer) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
 and in addition to the Committee on Oversight and Government Reform, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
 the committee concerned

_______________________________________________________________________

 A BILL

 To provide accountability for unlawful disclosures of firearm trace 
 data in the Firearms Trace System database, 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 ``Law Enforcement Protection and 
Privacy Act of 2025''.

SEC. 2. AMENDMENT TO FOIA.

 

Section 552

    (b) of title 5, United States Code, is amended--

    (1) in paragraph

    (8) , by striking ``or'' at the end;

    (2) in paragraph

    (9) , by striking the period and inserting 
 ``; or''; and

    (3) by inserting after paragraph

    (9) the following new 
 paragraph:
 ``

    (10) contents of the Firearm Trace System database 
 maintained by the National Trace Center of the Bureau of 
 Alcohol, Tobacco, Firearms, and Explosives, or any information 
 required to be kept by licensees pursuant to 

section 923

    (g) of 
 title 18 or reported pursuant to paragraph

    (3) or

    (7) of such 
 section.''.

SEC. 3. UNAUTHORIZED DISCLOSURES BY AGENCIES NOT PART OF THE FEDERAL 
 GOVERNMENT.

    (a) Fines for Disclosures Contrary to Federal Law.--The Attorney 
General shall fine a State, local, tribal, or foreign entity the 
following amount if the Attorney General determines that the entity 
made a disclosure of protected information in violation of the covered 
disclosure statute or any other applicable Federal law after the date 
of the enactment of this Act:

    (1) $10,000, for the first violation by the entity or a 
 violation by the entity occurring more than 3 years after the 
 most recent violation by the entity.

    (2) $25,000, for any other violation by the entity.

    (b) Loss of Access for 1 Year After Multiple Violations.--The 
Attorney General may not disclose protected information to an entity 
fined under subsection

    (a)

    (2) , for 1 year after the date of the 
imposition of the fine.
            (c) Enforcement of Fine by Civil Action.--The Attorney General may 
bring an action in a court of competent jurisdiction to enforce or 
collect payment of a fine imposed under subsection

    (a) .
            (d) Assessment of Fines.--In assessing fines under this section, 
the Attorney General shall impose a fine for each disclosure of each 
individual piece of protected information in violation of the covered 
disclosure statute.

SEC. 4. PRIVATE RIGHT OF ACTION FOR UNAUTHORIZED DISCLOSURES OF 
 PROTECTED INFORMATION.

    (a) In General.--Any entity with a license under 

section 923 of 
title 18, United States Code, adversely affected or aggrieved by a 
disclosure of protected information in violation of the covered 
disclosure statute or any other applicable Federal law by a Federal 
agency or a local, tribal, or foreign entity may bring an action in a 
court of competent jurisdiction against the agency or entity for 
remedies available under this section.

    (b) Waiver and Abrogation of Sovereign Immunity.--Sovereign 
immunity shall not be a defense in an action under this section.
            (c) Remedies.--An entity that prevails on a violation alleged in a 
claim under this section shall be entitled to--

    (1) the greater of--
        (A) triple the amount of damages suffered by the 
 entity, including damages resulting from loss of 
 business income or harm to the reputation of the 
 entity; or
        (B) $25,000, for each disclosure of each individual 
 piece of protected information in violation of the 
 covered disclosure statute;

    (2) such punitive damages as the court may allow; and

    (3) a reasonable attorney's fee and court costs.

SEC. 5. OTHER REMEDIES; SEVERABILITY.

    (a) Other Remedies.--This Act shall not be interpreted to preclude 
any other remedy available under law.

    (b) Severability.--If any provision of this Act, an amendment made 
by this Act, or the application of such a provision or amendment to any 
person or circumstance is held by a court to be invalid or 
unconstitutional, no other such provision, amendment, or application 
shall be affected thereby.

SEC. 6. DEFINITIONS.

 In this Act:

    (1) Covered disclosure statute.--The term ``covered 
 disclosure statute'' means the 6th proviso under the heading 
 ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries 
 and Expenses'' in the Department of Justice Appropriations Act, 
 2012 (title II of division B of the Consolidated and Further 
 Continuing Appropriations Act, 2012; 18 U.S.C. 923 note), or 
 successor law.

    (2) Federal agency.--The term ``Federal agency'' has the 
 meaning given the term in 

section 2671 of title 28, United 
 States Code.

    (3) Local entity.--The term ``local entity'' means a city, 
 county, municipal corporation, or other unit of government that 
 is a political subdivision, and not an arm, of a State.

    (4) Protected information.--The term ``protected 
 information'' means the following:
        (A) The contents, or a portion thereof, of the 
 Firearms Trace System database maintained by the 
 National Trace Center of the Bureau of Alcohol, 
 Tobacco, Firearms, and Explosives.
        (B) The information required to be kept by 
 licensees pursuant to 

section 923

    (g) or reported 
 pursuant to paragraph

    (3) or

    (7) of such section.
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