[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2769 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2769

   To authorize appropriate use of information in the Firearms Trace 
                   Database, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 13, 2008

Mr. Menendez (for himself, Mr. Lautenberg, Mr. Kennedy, Mr. Reed, Mrs. 
  Clinton, Mr. Schumer, and Mrs. Feinstein) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
   To authorize appropriate use of information in the Firearms Trace 
                   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 ``Firearms Information Use Act of 
2008''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``covered firearms information'' means any 
        information--
                    (A) contained in the Firearms Trace System database 
                maintained by the National Trace Center of the Bureau 
                of Alcohol, Tobacco, Firearms and Explosives;
                    (B) required to be kept by a licensee under section 
                923(g) of title 18, United States Code; or
                    (C) required to be reported under paragraph (3) or 
                (7) of section 923(g) of title 18, United States Code;
            (2) the term ``firearm'' has the meaning given that term in 
        section 921 of title 18, United States Code;
            (3) the term ``licensee'' means a person licensed under 
        chapter 44 of title 18, United States Code; and
            (4) the term ``qualified civil liability action'' has the 
        meaning given that term in section 4 of the Protection of 
        Lawful Commerce in Arms Act (15 U.S.C. 7903).

SEC. 3. REPEAL OF RESTRICTIONS.

    (a) In General.--The Consolidated Appropriations Act, 2008 (Public 
Law 110-161) is amended under the heading ``salaries and expenses'' 
under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' under title II of division B by striking ``Provided 
further, That, beginning in fiscal year 2008 and thereafter, no funds'' 
and all that follows through ``felons, and trafficking 
investigations:''.
    (b) Other Fiscal Years.--
            (1) In general.--The sixth proviso under the heading 
        ``salaries and expenses'' under the heading ``Bureau of 
        Alcohol, Tobacco, Firearms and Explosives'' under title I of 
        the Science, State, Justice, Commerce, and Related Agencies 
        Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2295) 
        is amended--
                    (A) by striking ``with respect to any fiscal 
                year''; and
                    (B) by striking ``, and all such data shall be 
                immune from legal process'' and all that follows 
                through ``a review of such an action or proceeding''.
            (2) Fiscal years 2005 and 2003.--Section 644 of title VI of 
        division J of the Consolidated Appropriations Resolution, 2003 
        (5 U.S.C. 552 note) and the sixth proviso under the heading 
        ``salaries and expenses'' under the heading ``Bureau of 
        Alcohol, Tobacco, Firearms and Explosives'' under title I of 
        division B of the Consolidated Appropriations Act, 2005 (Public 
        Law 108-447; 118 Stat 2860) are each amended by striking ``with 
        respect to any fiscal year''.
            (3) Fiscal year 2004.--The sixth proviso under the heading 
        ``salaries and expenses'' under the heading ``Bureau of 
        Alcohol, Tobacco, Firearms and Explosives'' under title I of 
        the Consolidated Appropriations Act, 2004 (Public Law 108-199; 
        118 Stat. 53) is amended by adding at the end the following ``, 
        and before October 1, 2004''.
    (c) Effective Date; Applicability.--The amendments made by this 
section shall--
            (1) take effect on the date of enactment of this Act;
            (2) apply to any request for or disclosure of information--
                    (A) pending on the date of enactment of this Act; 
                or
                    (B) made on or after the date of enactment of this 
                Act;
            (3) apply to the admissibility of evidence in any 
        proceeding pending on or after the date of enactment of this 
        Act; and
            (4) apply, notwithstanding any provision of any 
        appropriations Act.

SEC. 4. LIMITATIONS ON DISCLOSURE AND USE IN CIVIL PROCEEDINGS.

    (a) Disclosures to Law Enforcement and Other Government Agencies.--
Upon receipt of a request from a law enforcement agency, a Federal 
agency, a Member of Congress, or the chief executive of a State, local, 
or tribal government in connection with a law enforcement, national 
security, or intelligence purpose, for covered firearms information, 
the Attorney General shall provide all such information.
    (b) Protections Against Public Disclosure.--No Federal department 
or agency or State, local, or tribal government shall knowingly and 
publically disclose covered firearms information that--
            (1) identifies any undercover law enforcement officer or 
        confidential informant;
            (2) contains specific information relating to any case 
        under investigation; or
            (3) includes the name, address, or any other uniquely 
        identifying information of the lawful purchaser of any firearm.
    (c) Limitations on Use in Civil Proceedings.--
            (1) In general.--Subject to paragraph (2), covered firearms 
        information may be used, relied on, disclosed, and is 
        admissible, and testimony or other evidence may be permitted 
        based upon such information, in any court or administrative 
        proceeding to the extent permitted under the rules applicable 
        to such proceeding.
            (2) Firearms trace system database.--Information contained 
        in the Firearms Trace System database maintained by the 
        National Trace Center of the Bureau of Alcohol, Tobacco, 
        Firearms and Explosives may not be used, relied on, disclosed, 
        or admitted, and no testimony or other evidence shall be 
        permitted based on such information--
                    (A) in any qualified civil liability action, except 
                that such information may be considered in camera in 
                determining whether an action or proceeding is a 
                qualified civil liability action; or
                    (B) if that information identifies any undercover 
                law enforcement officer or confidential informant.
    (d) Availability for Use in Governmental Administrative 
Proceedings.--Nothing in this section may be construed to limit the 
disclosure for use in, or the use, reliance on, disclosure, 
admissibility, or permissibility of using, covered firearms information 
in any action or proceeding that is--
            (1) commenced by the Bureau of Alcohol, Tobacco, Firearms, 
        and Explosives to enforce the provisions of chapter 44 of title 
        18, United States Code;
            (2) instituted by a government agency and relating to a 
        license or similar authorization; or
            (3) a review of an action or proceeding described in 
        paragraph (1) or (2).
                                 <all>