I 

117TH CONGRESS 

1ST SESSION H. R. 1961 

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 

MARCH 17, 2021 

Mr. CRENSHAW (for himself and Mr. CUELLAR) introduced the following bill; 

which was 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘ATF Accountability 

5 Act of 2021’’. 


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1 SEC. 2. PROCEDURES FOR APPEALING CERTAIN BUREAU 

2 OF ALCOHOL, TOBACCO, FIREARMS, AND EX3 PLOSIVES RULINGS OR DETERMINATIONS. 

4 (a) IN GENERAL.—Section 923 of title 18, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘(m)(1) If a licensed manufacturer, licensed im8 porter, or licensed dealer transmits to the Attorney Gen9 eral a written question regarding the legal status or classi10 fication of a product, or a recordkeeping practice, under 

11 any law administered, in whole or in part, by the Bureau 

12 of Alcohol, Tobacco, Firearms and Explosives, the Attor13 ney General shall make a ruling or determination in writ14 ing on the question, and transmit the ruling or determina15 tion to the licensee. 

16 ‘‘(2)(A) Within 15 calendar days after receipt of a 

17 copy of (or a letter issued in furtherance of) the ruling 

18 or determination, the licensee may appeal the ruling or 

19 determination by filing with any Director of Industry Op20 erations having jurisdiction over a premises of the licensee 

21 subject to a license issued to the licensee under this chap22 ter a request for review of the ruling or determination, 

23 which shall include a statement of the reasons for the ap24 peal, and the relief requested. 

25 ‘‘(B) Within 45 calendar days after receipt of the re26 quest for the appeal, the Director of Industry Operations 


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1 shall render a decision on the appeal in writing and trans2 mit a copy of the decision to the licensee, unless the li3 censee requests a hearing pursuant to paragraph (3). 

4 ‘‘(3)(A) Within 14 days after receipt from the li5 censee of a request for the appeal to be determined on 

6 the record after opportunity for a hearing, the Director 

7 of Industry Operations shall refer the request to an ad8 ministrative law judge who shall— 

9 ‘‘(i) set a time and place for a hearing on the 

10 appeal at a location convenient to the licensee; and 

11 ‘‘(ii) at least 10 days before the date set for the 

12 hearing, serve on the licensee and the Director of In13 dustry Operations a notice of the hearing. 

14 ‘‘(B) The hearing shall be conducted in accordance 

15 with the hearing procedures prescribed in subsections (b) 

16 through (e) of section 556 and section 557(d) of title 5, 

17 United States Code. 

18 ‘‘(C) Within a reasonable time, and as expeditiously 

19 as possible, after the conclusion of the hearing, the admin20 istrative law judge shall— 

21 ‘‘(i) render a decision on the appeal, which shall 

22 consist of— 

23 ‘‘(I) a brief statement of the issues of fact 

24 involved in the proceeding; 


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1 ‘‘(II) the findings and conclusions of the 

2 administrative law judge, and the reasons or 

3 basis therefor with record references, on all ma4 terial issues of fact, law, or discretion presented 

5 on the record; and 

6 ‘‘(III) the decision of the administrative 

7 law judge to reverse or affirm the ruling or de8 termination involved; 

9 ‘‘(ii) certify to the complete record of the pro10 ceeding; 

11 ‘‘(iii) forward the complete certified record and 

12 a copy of the decision to the Director of Industry 

13 Operations; 

14 ‘‘(iv) serve a copy of the decision on the licensee 

15 or counsel for the licensee; and 

16 ‘‘(v) transmit a copy of the decision to the at17 torney representing the United States in the pro18 ceeding. 

19 ‘‘(4) The decision of the administrative law judge, the 

20 Director of Industry Operations, or other officer or em21 ployee of the Bureau of Alcohol, Tobacco, Firearms, and 

22 Explosives, as the case may be, pursuant to this subsection 

23 shall— 

24 ‘‘(A) constitute final agency action; 


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1 ‘‘(B) be subject to judicial review under chapter 

2 7 of title 5, United States Code; and 

3 ‘‘(C) be binding on the United States and the 

4 licensee.’’. 

5 (b) APPLICABILITY.—The amendment made by sub6 section (a) shall apply with respect to determinations 

7 made before, on, or after the date of the enactment of 

8 this Act. 

Æ 


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