Bureau of Alcohol, Tobacco, Firearms, and Explosives--Words of Futurity in Fiscal Year 2006 Appropriations Act, August 28, 2007

B-309704 Aug 28, 2007 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights In a letter dated June 20, 2007, you requested our opinion regarding whether a proviso appearing in the fiscal year 2006 Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Salaries and Expenses appropriation regarding the Firearms Trace System constitutes permanent legislation. The proviso prohibits ATF from using appropriated funds to disclose contents of the Firearms Trace System database except to certain parties. To execute its mission of enforcing federal firearms laws, ATF conducts firearms traces for federal, state, local, and tribal law enforcement agencies. ATF maintains a Firearms Trace System database that contains information related to guns recovered in connection with a crime. In the fiscal year 2003 Department of Justice Appropriations Act, Congress directed that no funds appropriated in that act "or any other Act with respect to any fiscal year" were available "to take any action" under the Freedom of Information Act with respect to information in the Firearms Trace System database. Congress included similar language in fiscal years 2004 and 2005. In the 2006 Department of Justice Appropriations Act, as part of the language of ATF's Salaries and Expenses appropriation, Congress included a similar proviso stating that "no funds appropriated under this or any other Act with respect to any fiscal year may be used to disclose part or all of the contents of the Firearms Trace System database" to anyone other than a law enforcement agency or a prosecutor in connection with a criminal investigation or prosecution. We conclude that this provision is permanent law. View Decision B-309704, Bureau of Alcohol, Tobacco, Firearms, and Explosives--Words of Futurity in Fiscal Year 2006 Appropriations Act, August 28, 2007 B-309704 August 28, 2007 The Honorable Patrick J. Kennedy House of Representatives Subject: Bureau of Alcohol, Tobacco, Firearms, and Explosives—Words of Futurity in Fiscal Year 2006 Appropriations Act Dear Mr. Kennedy: In a letter dated June 20, 2007, you requested our opinion regarding whether a proviso appearing in the fiscal year 2006 Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Salaries and Expenses appropriation regarding the Firearms Trace System constitutes permanent legislation. The proviso prohibits ATF from using appropriated funds to disclose contents of the Firearms Trace System database except to certain parties. For the reasons stated below, we conclude that this provision is permanent law. BACKGROUND To execute its mission of enforcing federal firearms laws, ATF conducts firearms traces for federal, state, local, and tribal law enforcement agencies. 18 U.S.C. sect. 923. See also Library of Congress, Congressional Research Service, Gun Control: Statutory Disclosure Limitations on ATF Firearms Trace Data and Multiple Handgun Sales Reports, No. RS22458 (July 20, 2007), at 2. ATF maintains a Firearms Trace System database that contains information related to guns recovered in connection with a crime. See 18 U.S.C. sect. 923(g). In the fiscal year 2003 Department of Justice Appropriations Act, Congress directed that no funds appropriated in that act –or any other Act with respect to any fiscal year— were available –to take any action— under the Freedom of Information Act with respect to information in the Firearms Trace System database. Consolidated Appropriations Resolution, 2003, Pub. L. No. 108-7, sect. 644, 117 Stat. 11, 473 (Feb. 20, 2003). Congress included similar language in fiscal years 2004 and 2005. Department of Justice Appropriations Act, 2004, Pub. L. No. 108-199, div. B, title I, 118 Stat. 3, 52--3 (Jan. 23, 2004); Department of Justice Appropriations Act, 2005, Pub. L. No. 108-447, div. B, title I, 118 Stat. 2809, 2859 (Dec. 8, 2004). In the 2006 Department of Justice Appropriations Act, as part of the language of ATF's Salaries and Expenses appropriation, Congress included a similar proviso stating that –no funds appropriated under this or any other Act with respect to any fiscal year may be used to disclose part or all of the contents of the Firearms Trace System database— to anyone other than a law enforcement agency or a prosecutor in connection with a criminal investigation or prosecution.[1] Department of Justice Appropriations Act, 2006, Pub. L. No. 109-108, title I, 119 Stat. 2290, 2295 (Nov. 22, 2005) (ATF proviso). It is the 2006 proviso that we address in this opinion.[2] DISCUSSION Appropriations acts are by their nature nonpermanent legislation. See, e.g., B-288511, Aug. 22, 2001; B-271412, June 13, 1996. Provisions in appropriations acts are presumed effective only for the covered fiscal year. B-288511. Accordingly, unless otherwise specified, the provisions of an appropriations act for a given fiscal year expire at the end of that fiscal year.