Federal

ATF Accountability Act of 2023

Source: Congress.gov · 1,094 words in original text

What This Bill Does

This bill creates a process for licensed gun manufacturers, importers and dealers to appeal decisions made by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). It requires the ATF to respond to product classification questions and regulatory questions within 90 days in writing.

Who It Affects

Licensed manufacturers of firearms or ammunition. Licensed importers of firearms or ammunition. Licensed firearms dealers. The Bureau of Alcohol, Tobacco, Firearms, and Explosives. Administrative law judges.

Key Provisions

The ATF must provide a written ruling or determination on any product classification or regulatory question within 90 days of receiving it from a licensed business. (Sec. 2(a), subsection (m)(1)) A licensee can appeal an ATF ruling to a Director of Industry Operations by filing a request within 30 calendar days that explains why they are appealing and what relief they want. (Sec. 2(a), subsection (m)(2)(A)) The Director of Industry Operations must provide a written decision on the appeal within 30 calendar days of receiving the appeal request. (Sec. 2(a), subsection (m)(2)(B)) A licensee can request a hearing before an administrative law judge, and the judge must schedule the hearing within 90 days at a location convenient to the licensee. (Sec. 2(a), subsection (m)(3)(A)) The administrative law judge must issue a written decision within 90 days after the hearing concludes, and this decision becomes final agency action that can be reviewed in court. (Sec. 2(a), subsection (m)(3)(C) and (m)(4))

What Changes

If this bill becomes law, licensed gun business owners can appeal ATF rulings or determinations through a two-step process. First, they can request review from a Director of Industry Operations within 30 days of receiving an ATF decision. If unsatisfied, they can then request a hearing before an administrative law judge within 75 calendar days or 14 days after the Director's decision, whichever is later. During this entire appeal process, the original ATF ruling is postponed and does not take effect.

Important Definitions

None defined in the bill text.

Effective Date

Not specified in bill text. The bill states the amendment applies to determinations made before, on, or after the date of enactment, but no specific date is given.

I 118TH CONGRESS 1ST SESSION H. R. 508 To provide procedures for appealing certain Bureau of Alcohol, Tobacco, Firearms, and Explosives rulings or determinations, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 25, 2023 Mr. CRENSHAW (for himself, Mr. CUELLAR, and Mr. DUNCAN) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide procedures for appealing certain Bureau of Alco- hol, Tobacco, Firearms, and Explosives rulings or deter- minations, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘ATF Accountability 4 Act of 2023’’. 5 VerDate Sep 11 2014 06:44 Feb 04, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H508.IH H508 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 508 IH SEC. 2. PROCEDURES FOR APPEALING CERTAIN BUREAU 1 OF ALCOHOL, TOBACCO, FIREARMS AND EX- 2 PLOSIVES RULINGS OR DETERMINATIONS. 3 (a) IN GENERAL.—Section 923 of title 18, United 4 States Code, is amended by adding at the end the fol- 5 lowing: 6 ‘‘(m)(1) If a licensed manufacturer, licensed im- 7 porter, or licensed dealer transmits to the Attorney Gen- 8 eral a product classification request or a written question 9 regarding any regulatory matter, including but not limited 10 to the legal status or classification of a product, regulated 11 business practice, or a recordkeeping practice, under any 12 law administered, in whole or in part, by the Bureau of 13 Alcohol, Tobacco, Firearms, and Explosives, the Attorney 14 General shall, not later than 90 days after receipt of the 15 request or question, make a ruling or determination in 16 writing on the question, and transmit the ruling or deter- 17 mination to the licensee. 18 ‘‘(2)(A) Within 30 calendar days after receipt of a 19 copy of the ruling or determination, the licensee may ap- 20 peal the ruling or determination (or a cease and desist 21 letter) by filing with any Director of Industry Operations 22 having jurisdiction over a premises of the licensee subject 23 to a license issued to the licensee under this chapter a 24 request for review of the ruling or determination, which 25 VerDate Sep 11 2014 06:44 Feb 04, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H508.IH H508 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 508 IH shall include a statement of the reasons for the appeal, 1 and the relief requested. 2 ‘‘(B) Within 30 calendar days after receipt of the re- 3 quest for the appeal, the Director of Industry Operations 4 shall render a decision on the appeal in writing and trans- 5 mit a copy of the decision to the licensee. 6 ‘‘(3)(A) Notwithstanding whether the licensee ap- 7 peals the ruling or determination to the Director of Indus- 8 try Operations, the licensee may, within 75 calendar days 9 after receipt of a copy of the initial ruling or determination 10 or, within 14 days after receipt of the determination by 11 the Director of Industry Operations, which ever is later, 12 request for the appeal to be determined on the record after 13 opportunity for a hearing before an administrative law 14 judge. Upon such request the administrative law judge 15 shall— 16 ‘‘(i) set a time and place for a hearing on the 17 appeal at a location convenient to the licensee within 18 90 days from the date of the request; and 19 ‘‘(ii) at least 10 days before the date set for the 20 hearing, serve on the licensee and the Director of In- 21 dustry Operations a notice of the hearing. 22 ‘‘(B) The hearing shall be conducted in accordance 23 with the hearing procedures prescribed in subsections (b) 24 through (e) of section 556 and section 557(d) of title 5. 25 VerDate Sep 11 2014 06:44 Feb 04, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H508.IH H508 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 508 IH ‘‘(C) Within 90 days after the conclusion of the hear- 1 ing, the administrative law judge shall— 2 ‘‘(i) render a decision on the appeal, which shall 3 consist of— 4 ‘‘(I) a brief statement of the issues of fact 5 involved in the proceeding; 6 ‘‘(II) the findings and conclusions of the 7 administrative law judge, and the reasons or 8 basis therefor with record references, on all ma- 9 terial issues of fact, law, or discretion presented 10 on the record; and 11 ‘‘(III) the decision of the administrative 12 law judge to reverse or affirm the ruling or de- 13 termination involved; 14 ‘‘(ii) certify to the complete record of the pro- 15 ceeding; 16 ‘‘(iii) forward the complete certified record and 17 a copy of the decision to the Director of Industry 18 Operations; 19 ‘‘(iv) serve a copy of the decision on the licensee 20 or counsel for the licensee; and 21 ‘‘(v) transmit a copy of the decision to the at- 22 torney representing the United States in the pro- 23 ceeding. 24 VerDate Sep 11 2014 06:44 Feb 04, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H508.IH H508 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 508 IH ‘‘(4) The decision of the administrative law judge or 1 the Director of Industry Operations, or the ruling of an- 2 other officer or employee of the Bureau of Alcohol, To- 3 bacco, Firearms, and Explosives, as the case may be, pur- 4 suant to this subsection shall— 5 ‘‘(A) constitute final agency action; 6 ‘‘(B) be subject to judicial review under chapter 7 7 of title 5; and 8 ‘‘(C) be binding on the United States and the 9 licensee. 10 ‘‘(5) The submission of an administrative appeal pur- 11 suant to paragraph (2) or (3) shall postpone the effective 12 date of the ruling or determination until the administra- 13 tive appeal and any subsequent judicial process is com- 14 plete. The effect shall be as if the ruling or determination 15 had not issued until such process is complete.’’. 16 (b) APPLICABILITY.—The amendment made by sub- 17 section (a) shall apply with respect to determinations 18 made before, on, or after the date of enactment of this 19 Act. 20 Æ VerDate Sep 11 2014 06:44 Feb 04, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H508.IH H508 kjohnson on DSK79L0C42PROD with BILLS

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.