H.R. 1698 — Law Enforcement Protection and Privacy Act of 2025

This section establishes a new exemption from disclosure under the Freedom of Information Act (FOIA) for (1) the contents of the Firearm Trace System database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and (2) information required to be kept by federal firearms licensees pursuant to 18 U.S.C. § 923(g) or reported under paragraphs (3) or (7) thereof. (The Firearm Trace System database contains records used by ATF to trace crime guns; § 923(g) requires licensees to maintain acquisition and disposition records and report certain sales and thefts.)

This section requires the Attorney General to fine state, local, tribal, or foreign entities that disclose protected information in violation of the covered disclosure statute or other applicable federal law after enactment of this Act, as follows: (1) $10,000 for a first violation by the entity or a violation occurring more than three years after the entity's most recent violation, and (2) $25,000 for any other violation. It prohibits disclosure of protected information to any entity fined under clause (2) for one year after imposition of the fine, authorizes the Attorney General to enforce fines through civil action, and requires fines to be assessed per disclosure of each individual piece of protected information.

This section establishes a private right of action in federal court for any entity holding a license under 18 U.S.C. §923 (i.e., federal firearms license for importing, manufacturing, dealing in firearms, or importing or manufacturing ammunition) that is adversely affected by a federal agency or local, tribal, or foreign entity's disclosure of protected information in violation of the covered disclosure statute or other federal law. The section waives sovereign immunity as a defense and entitles a prevailing plaintiff to (1) the greater of triple damages (including lost business income or reputational harm) or $25,000 for each disclosure of each individual piece of protected information; (2) punitive damages; and (3) reasonable attorney's fees and court costs.

This section provides that the Act does not preclude any other remedy available under law and includes a severability clause preserving the remainder of the Act if any provision or its application is held invalid.

This section defines terms for purposes of the Act, including: (1) “covered disclosure statute,” meaning the 6th proviso under the heading “Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses” in the Department of Justice Appropriations Act, 2012 (18 U.S.C. 923 note), or successor law; (2) “Federal agency,” as defined in 28 U.S.C. 2671; (3) “local entity,” meaning a city, county, municipal corporation, or other unit of government that is a political subdivision and not an arm of a state; and (4) “protected information,” meaning the contents (or portion thereof) of the Firearms Trace System database maintained by ATF’s National Trace Center or information required to be kept by federal firearms licensees pursuant to 18 U.S.C. 923(g) or reported pursuant to 18 U.S.C. 923(g)(3) or (7).