[Congressional Record Volume 148, Number 103 (Thursday, July 25, 2002)]
[Extensions of Remarks]
[Page E1370]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT

                                 ______
                                 

                               speech of

                       HON. JANICE D. SCHAKOWSKY

                              of illinois

                    in the house of representatives

                         Tuesday, July 23, 2002

  Ms. SCHAKOWSKY. Mr. Speaker, I rise today to draw to the attention of 
my colleagues Section 642 of the Treasury-Postal Appropriations bill, 
which prohibits the Bureau of Alcohol, Tobacco, and Firearms from using 
appropriated funds to release information from its Trace and Multiple 
Sale Database. Effectively, this provision would prevent state and 
local governments from accessing information about multiple gun buyers 
who may be selling guns to criminals in their communities and data on 
guns traced to crimes on their streets.
  These restrictions on access to public information would compromise 
the safety of many of our communities across the country, including 
Chicago. In fact, one of the stated purposes of the ATF's crime gun 
tracing program is to enable participating local governments to obtain 
information regarding the sources and movement of guns used in crimes, 
so that local law enforcement agencies may develop successful 
strategies to reduce gun violence. In the past, information from ATF's 
Trace and Multiple Sale Database has been invaluable in helping cities 
and states determine who is illegally selling guns in their 
communities. The City of Chicago, which has a ban on most types of 
guns, is trying to use this information to determine who is marketing 
guns to its residents. Yet, Section 642 would require that ATF withhold 
multiple sales and crime gun trace data from disclosure under FOIA, 
regardless of how essential that data may be to local law enforcement 
agencies. Withholding information from ATF's database would prevent 
City officials and others from doing all they can to secure the safety 
of their streets and the safety of their residents.
  Furthermore, this provision attempts to override existing laws 
regarding the Freedom of Information Act by forbidding the ATF to use 
Federal funds to release information that, by law, it is required to 
make available. This defies common sense--that a government agency 
would be forbidden by law to use appropriated funds to carry out and 
obey existing law.
  If proponents have a problem with allowing this information to be 
released and believe it should be exempted under the FOIA, then they 
should address the FOIA issue head-on, not try to endrun it by placing 
a provision in an appropriations bill. But they know that they probably 
couldn't win that fight. In a case involving the City of Chicago's FOIA 
request for ATF information, a Federal court has ruled that the release 
of this information is not protected by current FOIA exemptions. In 
fact, the 7th U.S. Circuit Court of Appeals went so far as to say that, 
``When one balances the public interest in evaluating ATF's 
effectiveness in controlling gun trafficking and aiding the City in 
enforcing its gun laws against the nonexistent or minimal privacy 
interest in having one's name and address associated with a gun trace 
or purchase, the scale tips in favor of disclosure.''
  Finally, Section 642 goes beyond the scope and jurisdiction of this 
bill by applying this prohibition not just to the bill before us but to 
``any other Act with respect to any fiscal year.'' This attempts to 
place mandates on any other legislation this body has considered in the 
past or may consider in the future. Without the waiver granted in the 
rule, this provision would certainly be subject to a point of order.
  At this time when we are demanding that corporations and CEOs be held 
accountable for their actions, we must also make sure that our 
government agencies are accountable. That is what FOIA is intended to 
do. We must preserve its integrity and importance in our government. 
Section 642 is dangerous and unnecessary, and I will work hard to have 
it removed from the bill in Conference.

                          ____________________