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1 (June 16, 2006)

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                                                                Order Code RS22458
                                                                       June 16, 2006



 CRS Report for Congress

              Received through the CRS Web




Gun Control: Statutory Disclosure Limitations

    on ATF Firearms Trace Data and Multiple
                  Handgun Sales Reports

                            William J. Krouse
                     Specialist in Domestic Security
                     Domestic Social Policy Division

Summary


     For FY2003-FY2006, riders on the Bureau of Alcohol, Tobacco, Firearms and
 Explosives (ATF) appropriations have prohibited that agency from disclosing firearm
 trace data (based on firearm transfer records maintained in part by licensed gun dealers)
 and multiple handgun sales reports data for any purpose other than supporting a bona
 fide criminal investigation or agency licensing proceeding. This rider is known as the
 Tiahrt amendment, for its sponsor in full committee markup of the FY2004
 Commerce-Justice-State appropriations bill, Representative Todd Tiahrt. Members
 have introduced legislation to overturn the FY2006 appropriations rider (see S.
 2460/H.R. 5033 and S. 2629). Nevertheless, a similar rider may be included in the
 FY2007 ATF appropriations language. In addition, on May 18, 2006, the House
 Judiciary Subcommittee on Crime, Terrorism, and Homeland Security approved a bill
 (H.R. 5005) that includes a provision to permanently codify this disclosure limitation.

 Background

    Located in the Department of Justice (DOJ),1 the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF) is the lead law enforcement agency charged with
administering and enforcing federal laws related to the manufacture, importation, and
distribution of firearms and explosives. ATF also investigates arson cases with a federal
nexus and violations of laws related to the manufacture, importation and distribution of
alcohol and tobacco. For FY2006, Congress appropriated nearly $932 million for ATF,



1 As part of the Homeland Security Act (P.L. 107-296, 116 Stat. 2135), Congress transferred
ATF's enforcement and regulatory functions for firearms and explosives to the DOJ from the
Department of the Treasury, adding explosives to ATF' s title.
2 The regulatory aspects of those laws related to the manufacture, importation and distribution
of alcohol and tobacco are the domain of the Tax and Trade Bureau (TTB), which was
established at Treasury following ATF's transfer to DOJ.

       Congressional Research Service 4- The Library of Congress

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