ATF Enforcement Act

Summary: ATF Enforcement Act This bill amends the federal judicial code to require the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to be appointed by the Attorney General. Currently, the Director is appointed by the President and confirmed by the Senate.  Additionally, it amends several appropriations laws to remove limitations on the ATF's authority to conduct activities related to the administration of federal firearms laws. The amended appropriations laws include:   the Consolidated Appropriations Act, 2016;   the Consolidated and Further Continuing Appropriations Act, 2013; the Consolidated and Further Continuing Appropriations Act, 2012; the Consolidated Appropriations Act, 2010; the Omnibus Appropriations Act, 2009;  the Consolidated Appropriations Act, 2008; the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006; the Consolidated Appropriations Act, 2005; and the Consolidated Appropriations Resolution, 2003.  The bill removes provisions from these laws that:  prohibit the consolidation or centralization within the Department of Justice of firearm transfer records maintained by federal firearms licensees;  prohibit the imposition of a requirement that firearms dealers conduct a physical inventory; require instant background check records to be destroyed within 24 hours; limit the use of firearms tracing data; limit the processing of Freedom of Information Act requests in connection with arson or explosive incidents or firearm traces; limit denials of applications to import &quot;curios or relics&quot; firearms, parts, or ammunition;  prohibit denials of federal firearms licenses due to lack of business activity; prohibit the transfer of functions, missions, or activities to other agencies or departments;  prohibit the search of electronic firearm transfer records of federally licensed gun dealers who go out of business; and  prohibit denials of applications to import certain non-sporting shotguns.  

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``ATF Enforcement Act''.

SEC. 2. ELIMINATION OF SENATE CONFIRMATION REQUIREMENT FOR THE 
              APPOINTMENT OF THE DIRECTOR OF THE BUREAU OF ALCOHOL, 
              TOBACCO, FIREARMS AND EXPLOSIVES.

    Section 599A(a)(2) of title 28, United States Code, is amended by 
striking ``President, by and with the advice and consent of the 
Senate'' and inserting ``Attorney General,''.

SEC. 3. ELIMINATION OF LIMITATIONS RELATING TO FIREARMS TRACE DATA.

    (a) Tiahrt Amendments.--
            (1) The matter under the heading ``Bureau of Alcohol, 
        Tobacco, Firearms and Explosives--Salaries and Expenses'' in 
        title I of division B of the Consolidated and Further 
        Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public 
        Law 112-55; 125 Stat. 609-610) is amended by striking the 6th 
        proviso.
            (2) The 6th proviso under the heading ``Bureau of Alcohol, 
        Tobacco, Firearms and Explosives--Salaries and Expenses'' in 
        title II of division B of the Consolidated Appropriations Act, 
        2010 (18 U.S.C. 923 note; Public Law 111-117; 123 Stat. 3128-
        3129) is amended by striking ``beginning in fiscal year 2010 
        and thereafter'' and inserting ``in fiscal year 2010''.
            (3) The 6th proviso under the heading ``Bureau of Alcohol, 
        Tobacco, Firearms and Explosives--Salaries and Expenses'' in 
        title II of division B of the Omnibus Appropriations Act, 2009 
        (18 U.S.C. 923 note; Public Law 111-8; 123 Stat. 574-576) is 
        amended by striking ``beginning in fiscal year 2009 and 
        thereafter'' and inserting ``in fiscal year 2009''.
            (4) The 6th proviso under the heading ``Bureau of Alcohol, 
        Tobacco, Firearms and Explosives--Salaries and Expenses'' in 
        title II of division B of the Consolidated Appropriations Act, 
        2008 (18 U.S.C. 923 note; Public Law 110-161; 121 Stat. 1903-
        1904) is amended by striking ``beginning in fiscal year 2008 
        and thereafter'' and inserting ``in fiscal year 2008''.
            (5) The 6th proviso under the heading ``Bureau of Alcohol, 
        Tobacco, Firearms and Explosives--Salaries and Expenses'' in 
        title I of the Science, State, Justice, Commerce, and Related 
        Agencies Appropriations Act, 2006 (18 U.S.C. 923 note; Public 
        Law 109-108; 119 Stat. 2295-2296) is amended by striking ``with 
        respect to any fiscal year''.
            (6) The 6th proviso under the heading in title I of 
        division B of the Consolidated Appropriations Act, 2005 (18 
        U.S.C. 923 note; Public Law 108-447; 118 Stat. 2859-2860) is 
        amended by striking ``with respect to any fiscal year''.
    (b) Prohibition on Use of Firearms Trace Data To Draw Broad 
Conclusions About Firearms-Related Crime.--
            (1) Section 514 of division B of the Consolidated and 
        Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 
        note; Public Law 113-6; 127 Stat. 271-272) is repealed.
            (2) Section 516 of the Consolidated and Further Continuing 
        Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 633) is 
        repealed.

SEC. 4. ELIMINATION OF PROHIBITION ON CONSOLIDATION OR CENTRALIZATION 
              IN THE DEPARTMENT OF JUSTICE OF FIREARMS ACQUISITION AND 
              DISPOSITION RECORDS MAINTAINED BY FEDERAL FIREARMS 
              LICENSEES.

    The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms 
and Explosives--Salaries and Expenses'' in title I of division B of the 
Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 
923 note; Public Law 112-55; 125 Stat. 609-610) is amended by striking 
the 1st proviso.

SEC. 5. ELIMINATION OF PROHIBITION ON IMPOSITION OF REQUIREMENT THAT 
              FIREARMS DEALERS CONDUCT PHYSICAL CHECK OF FIREARMS 
              INVENTORY.

    The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms 
and Explosives--Salaries and Expenses'' in title II of division B of 
the Consolidated and Further Continuing Appropriations Act, 2013 (18 
U.S.C. 923 note; Public Law 113-6; 127 Stat. 248) is amended by 
striking the 5th proviso.

SEC. 6. ELIMINATION OF REQUIREMENT THAT INSTANT CHECK RECORDS BE 
              DESTROYED WITHIN 24 HOURS.

    Section 511 of the Consolidated and Further Continuing 
Appropriations Act, 2012 (18 U.S.C. 922 note; Public Law 112-55; 125 
Stat. 632) is amended--
            (1) by striking ``--'' and all that follows through 
        ``(1)''; and
            (2) by striking the semicolon and all that follows and 
        inserting a period.

SEC. 7. ELIMINATION OF PROHIBITION ON PROCESSING OF FREEDOM OF 
              INFORMATION ACT REQUESTS ABOUT ARSON OR EXPLOSIVES 
              INCIDENTS OR FIREARM TRACES.

    Section 644 of division J of the Consolidated Appropriations 
Resolution, 2003 (5 U.S.C. 552 note; Public Law 108-7; 117 Stat. 473-
474) is repealed.

SEC. 8. ELIMINATION OF PROHIBITIONS RELATING TO ``CURIOS OR RELICS'' 
              AND IMPORTATION OF SURPLUS MILITARY FIREARMS.

    (a) Section 518 of division B of the Consolidated Appropriations 
Act, 2016 (Public Law 114-113) is repealed.
    (b) The matter under the heading ``Bureau of Alcohol, Tobacco, 
Firearms and Explosives--Salaries and Expenses'' in title II of 
division B of the Consolidated and Further Continuing Appropriations 
Act, 2013 (18 U.S.C. 921 note; Public Law 113-6; 127 Stat. 248) is 
amended by striking the 1st proviso.
    (c) Section 519 of division B of the Consolidated and Further 
Continuing Appropriations Act, 2013 (Public Law 113-6; 127 Stat. 274) 
is repealed.

SEC. 9. ELIMINATION OF PROHIBITION ON DENIAL OF FEDERAL FIREARMS 
              LICENSE DUE TO LACK OF BUSINESS ACTIVITY.

    The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms 
and Explosives--Salaries and Expenses'' in title II of division B of 
the Consolidated and Further Continuing Appropriations Act, 2013 (18 
U.S.C. 923 note; Public Law 113-6; 127 Stat. 248) is amended by 
striking the 6th proviso.

SEC. 10. ELIMINATION OF PROHIBITION ON THE TRANSFER OF THE FUNCTIONS, 
              MISSIONS, OR ACTIVITIES OF THE BUREAU OF ALCOHOL, 
              TOBACCO, FIREARMS AND EXPLOSIVES TO OTHER AGENCIES OR 
              DEPARTMENTS.

    The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms 
and Explosives--Salaries and Expenses'' in title II of division B of 
the Consolidated Appropriations Act, 2016 (Public Law 114-113) is 
amended by striking the 3rd proviso.

SEC. 11. ELIMINATION OF PROHIBITION ON SEARCH COMPUTERIZED RECORDS OF 
              FEDERALLY LICENSED FIREARMS DEALERS WHO ARE OUT OF 
              BUSINESS.

    The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms 
and Explosives--Salaries and Expenses'' in title II of division B of 
the Consolidated and Further Continuing Appropriations Act, 2012 (18 
U.S.C. 923 note; Public Law 112-55; 125 Stat. 610) is amended by 
striking the 7th proviso.

SEC. 12. ELIMINATION OF PROHIBITION ON DENYING, OR FAILING TO ACT ON, 
              APPLICATION TO IMPORT CERTAIN SHOTGUN MODELS ON THE BASIS 
              THAT THE SHOTGUN WAS NOT PARTICULARLY SUITABLE FOR OR 
              READILY ADAPTABLE TO SPORTING PURPOSES.

    Section 532 of division B of the Consolidated Appropriations Act, 
2016 (Public Law 114-113) is repealed.