[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3529 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 3529
To provide procedures for appealing certain Bureau of Alcohol, Tobacco,
Firearms and Explosives rulings or determinations, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 14, 2023
Mr. Braun (for himself, Mr. Barrasso, Mr. Cramer, Mr. Crapo, Mr.
Daines, Mr. Hawley, Mrs. Hyde-Smith, Mr. Lankford, Ms. Lummis, Mr.
Marshall, Mr. Risch, Mr. Scott of Florida, Mr. Lee, Mr. Hoeven, and Mr.
Mullin) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide procedures for appealing certain Bureau of Alcohol, Tobacco,
Firearms and Explosives rulings or determinations, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ATF Accountability Act of 2023''.
SEC. 2. PROCEDURES FOR APPEALING CERTAIN BUREAU OF ALCOHOL, TOBACCO,
FIREARMS AND EXPLOSIVES RULINGS OR DETERMINATIONS.
(a) In General.--Section 923 of title 18, United States Code, is
amended by adding at the end the following:
``(m)(1) Not later than 90 days after the Attorney General receives
from a licensed manufacturer, licensed importer, or licensed dealer a
product classification request or a written question regarding any
regulatory matter, including the legal status or classification of a
product, or a recordkeeping practice under any law administered, in
whole or in part, by the Bureau of Alcohol, Tobacco, Firearms and
Explosives, the Attorney General shall make a ruling or determination
in writing on the request or question, and transmit the ruling or
determination to the licensee.
``(2)(A) Not later than 30 days after receipt of a copy of a ruling
or determination under paragraph (1), a licensee may appeal the ruling
or determination (or a cease and desist letter) by filing with any
Director of Industry Operations having jurisdiction over a premises of
the licensee subject to a license issued to the licensee under this
chapter a request for review of the ruling or determination, which
shall include a statement of the reasons for the appeal and the relief
requested.
``(B) Not later than 30 days after receipt of an appeal under
subparagraph (A), a Director of Industry Operations shall render a
decision on the appeal in writing and transmit a copy of the decision
to the licensee, at which point the licensee may request a hearing
pursuant to paragraph (3).
``(3)(A) Not later than14 days after receipt from a licensee of a
request under paragraph (2)(B) for an appeal to be determined on the
record after opportunity for a hearing, a Director of Industry
Operations shall refer the request to an administrative law judge who
shall--
``(i) set a time and place for a hearing on the appeal at a
location convenient to the licensee; and
``(ii) not later than 10 days before the date set for the
hearing, serve on the licensee and the Director of Industry
Operations a notice of the hearing.
``(B) A hearing under subparagraph (A) shall be conducted in
accordance with the hearing procedures prescribed in subsections (b)
through (e) of section 556 and section 557(d) of title 5.
``(C) Within a reasonable time, and as expeditiously as possible,
after the conclusion of a hearing under subparagraph (A), the
administrative law judge shall--
``(i) render a decision on the appeal, which shall consist
of--
``(I) a brief statement of the issues of fact
involved in the proceeding;
``(II) the findings and conclusions of the
administrative law judge, and the reasons or basis
therefor with record references, on all material issues
of fact, law, or discretion presented on the record;
and
``(III) the decision of the administrative law
judge to reverse or affirm the ruling or determination
involved;
``(ii) certify the complete record of the proceeding;
``(iii) forward the complete certified record and a copy of
the decision to the Director of Industry Operations;
``(iv) serve a copy of the decision on the licensee or
counsel for the licensee; and
``(v) transmit a copy of the decision to the attorney
representing the United States in the proceeding.
``(4) The decision of the administrative law judge or the Director
of Industry Operations, or the ruling of another officer or employee of
the Bureau of Alcohol, Tobacco, Firearms and Explosives, as the case
may be, pursuant to this subsection shall--
``(A) constitute final agency action;
``(B) be subject to judicial review under chapter 7 of
title 5; and
``(C) be binding on the United States and the licensee.''.
(b) Applicability.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to rulings and determinations made before,
on, or after the date of enactment of this Act.
(2) Deadline for appeal of prior rulings and
determinations.--For purposes of a ruling or determination made
before the date of enactment of this Act, a licensee may appeal
the ruling or determination (or a cease and desist letter) in
the manner described in paragraph (2)(A) of section 923(m) of
title 18, United States Code, as added by subsection (a), on or
before the date that is 1 year after the date of enactment of
this Act.
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