I 

113TH CONGRESS 

2D SESSION H. R. 5522 

To abolish the Bureau of Alcohol, Tobacco, Firearms, and Explosives, transfer 

its functions relating to the Federal firearms, explosives, and arson 

laws, violent crime, and domestic terrorism to the Federal Bureau of 

Investigation, and transfer its functions relating to the Federal alcohol 

and tobacco smuggling laws to the Drug Enforcement Administration, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 17, 2014 

Mr. SENSENBRENNER (for himself, Mr. STOCKMAN, and Mr. RIBBLE) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To abolish the Bureau of Alcohol, Tobacco, Firearms, and 

Explosives, transfer its functions relating to the Federal 

firearms, explosives, and arson laws, violent crime, and 

domestic terrorism to the Federal Bureau of Investigation, and transfer its functions relating to the Federal 

alcohol and tobacco smuggling laws to the Drug Enforcement Administration, 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 Elimination Act’’. 


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1 SEC. 2. ELIMINATION OF HIRING AUTHORITY OF THE BU2 REAU OF ALCOHOL, TOBACCO, FIREARMS, 

3 AND EXPLOSIVES. 

4 The hiring authority of the Director of the Bureau 

5 of Alcohol, Tobacco, Firearms, and Explosives is re6 scinded. 

7 SEC. 3. TRANSFER PLAN. 

8 (a) IN GENERAL.—Within 180 days after the date 

9 of the enactment of this Act, the Director of the Bureau 

10 of Alcohol, Tobacco, Firearms, and Explosives, the Direc11 tor of the Federal Bureau of Investigation, and the Ad12 ministrator of the Drug Enforcement Administration shall 

13 jointly develop and submit to the Congress a plan for 

14 winding up the affairs of the Bureau of Alcohol, Tobacco, 

15 Firearms, and Explosives pursuant to this Act. The plan 

16 shall, to the maximum extent practicable, without compro17 mising core functions, eliminate and reduce duplicative, 

18 unnecessary functions or waste. 

19 (b) FBI REPORT TO GSA ON EXCESS PROPERTY TO

20 BE TRANSFERRED TO THE FBI.—Within 1 year after the 

21 date of the enactment of this Act, the Director of the Fed22 eral Bureau of Investigation shall transmit to the Admin23 istrator of the General Services Administration a report 

24 that specifies the property to be transferred to the Bureau 

25 pursuant to this Act that the Director has determined will 

26 not be needed by the Bureau. 


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1 SEC. 4. ABOLITION OF BUREAU OF ALCOHOL, TOBACCO, 

2 FIREARMS, AND EXPLOSIVES. 

3 The Bureau of Alcohol, Tobacco, Firearms, and Ex4 plosives is abolished. 

5 SEC. 5. TRANSFER OF FUNCTIONS RELATING TO THE FED6 ERAL FIREARMS, EXPLOSIVES, AND ARSON 

7 LAWS, AND TO VIOLENT CRIME AND DOMES8 TIC TERRORISM, TO THE FEDERAL BUREAU 

9 OF INVESTIGATION. 

10 (a) IN GENERAL.—The functions relating to the in11 vestigation and enforcement of criminal and regulatory 

12 violations of the Federal firearms, explosives, and arson 

13 laws, and the investigation of violent crime and domestic 

14 terrorism, which on the effective date of this Act, were 

15 performed by the Bureau of Alcohol, Tobacco, Firearms, 

16 and Explosives, are hereby transferred to the Attorney 

17 General. 

18 (b) DELEGATION OF FUNCTIONS.—The Attorney 

19 General shall delegate to the Director of the Federal Bu20 reau of Investigation the functions transferred under this 

21 section. 

22 (c) REFERENCES.—Any reference in any other Fed23 eral law, Executive order, rule, regulation, or delegation 

24 of authority, or any document of or pertaining to the Bu25 reau of Alcohol, Tobacco, Firearms, and Explosives with 

26 respect to functions transferred by this section— 


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1 (1) to the Secretary of the Treasury or the 

2 head of that bureau is deemed to refer to the Attor3 ney General; and 

4 (2) to the Department of the Treasury or that 

5 bureau is deemed to refer to the Department of Jus6 tice or the Federal Bureau of Investigation, as ap7 propriate. 

8 SEC. 6. TRANSFER OF FUNCTIONS RELATING TO THE FED9 ERAL ALCOHOL AND TOBACCO SMUGGLING 

10 LAWS TO THE DRUG ENFORCEMENT ADMIN11 ISTRATION. 

12 (a) IN GENERAL.—The functions relating to inves13 tigation and enforcement of criminal ad regulatory viola14 tions of the Federal alcohol and tobacco smuggling laws, 

15 which on the effective date of this Act, were performed 

16 by the Bureau of Alcohol, Tobacco, Firearms, and Explo17 sives, are hereby transferred to the Attorney General. 

18 (b) DELEGATION OF FUNCTIONS.—The Attorney 

19 General shall delegate to the Administrator of Drug En20 forcement the functions transferred under this section. 

21 (c) REFERENCES.—Any reference in any other Fed22 eral law, Executive order, rule, regulation, or delegation 

23 of authority, or any document of or pertaining to the Bu24 reau of Alcohol, Tobacco, Firearms, and Explosives with 

25 respect to functions transferred by this section— 


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1 (1) to the Secretary of the Treasury or the 

2 head of that bureau is deemed to refer to the Attor3 ney General; and 

4 (2) to the Department of the Treasury or that 

5 bureau is deemed to refer to the Department of Jus6 tice or the Drug Enforcement Administration, as ap7 propriate. 

8 SEC. 7. PROPERTY AND RECORDS. 

9 The contracts, liabilities, records, property, and other 

10 assets and interests of, or made available in connection 

11 with, the functions transferred by this Act are hereby 

12 transferred to the Attorney General for appropriate alloca13 tion. 

14 SEC. 8. PERSONNEL. 

15 (a) IN GENERAL.—The personnel employed in con16 nection with the functions transferred by this Act are 

17 hereby transferred to the Attorney General. 

18 (b) EFFECT.—During the 1-year period beginning on 

19 the effective date of this Act, any full-time or part-time 

20 personnel employed in permanent positions shall not be 

21 separated or reduced in grade or compensation because 

22 of the transfer under this Act. 


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1 SEC. 9. SAVINGS PROVISIONS. 

2 (a) LEGAL DOCUMENTS.—All orders, determinations, 

3 rules, regulations, permits, grants, contracts, certificates, 

4 licenses, and privileges— 

5 (1) that have been issued, made, granted, or al6 lowed to become effective by the President, by the 

7 head of the Bureau of Alcohol, Tobacco, Firearms, 

8 and Explosives, the Attorney General, the Secretary 

9 of the Treasury, any other Government official, or a 

10 court of competent jurisdiction, in the performance 

11 of functions of the head of that bureau that are 

12 transferred by this Act, and 

13 (2) that are in effect on the effective date of 

14 this Act (or become effective after such date pursu15 ant to their terms as in effect on such date), 

16 shall continue in effect according to their terms until 

17 modified, terminated, superseded, set aside, or revoked in 

18 accordance with law by the President, the Attorney Gen19 eral or other authorized official, or a court of competent 

20 jurisdiction, or by operation of law. 

21 (b) PROCEEDINGS.—The provisions of this Act shall 

22 not affect any proceedings or any application for any bene23 fits, service, license, permit, certificate, or financial assist24 ance pending before the Bureau of Alcohol, Tobacco, Fire25 arms, and Explosives on the effective date of this Act, but 

26 such proceedings and applications shall be continued. OrVerDate Sep 11 2014 02:30 Sep 25, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5522.IH H5522

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1 ders shall be issued in such proceedings, appeals shall be 

2 taken therefrom, and payments shall be made pursuant 

3 to such orders, as if this Act had not been enacted, and 

4 orders issued in any such proceeding shall continue in ef5 fect until modified, terminated, superseded, or revoked by 

6 a duly authorized official, by a court of competent jurisdic7 tion, or by operation of law. Nothing in this subsection 

8 shall be deemed to prohibit the discontinuance or modi9 fication of any such proceeding under the same terms and 

10 conditions and to the same extent that such proceeding 

11 could have been discontinued or modified if this Act had 

12 not been enacted. 

13 (c) SUITS.—The provisions of this Act shall not affect 

14 suits commenced before the effective date of this Act, and 

15 in all such suits, proceeding shall be had, appeals taken, 

16 and judgments rendered in the same manner and with the 

17 same effect as if this Act had not been enacted. 

18 (d) NONABATEMENT OF ACTIONS.—No suit, action, 

19 or other proceeding commenced by or against the head of 

20 the Bureau of Alcohol, Tobacco, Firearms, and Explosives, 

21 or by or against any individual in the official capacity of 

22 such individual as an officer of such bureau shall abate 

23 by reason of the enactment of this Act. 

24 (e) CONTINUANCE OF SUITS.—If, before the effective 

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1 cial capacity of such officer, is party to a suit, and under 

2 this Act any function of such agency or officer is trans3 ferred to the Attorney General or any other official of the 

4 Department of Justice, then such suit shall be continued 

5 with the Attorney General or other appropriate official of 

6 the Department of Justice substituted or added as a 

7 party. 

8 SEC. 10. CONFORMING AMENDMENTS. 

9 (a) AMENDMENTS TO THE HOMELAND SECURITY

10 ACT OF 2002.— 

11 (1) Section 1111(d) of the Homeland Security 

12 Act of 2002 (6 U.S.C. 531(d)) is amended by adding 

13 at the end the following: 

14 ‘‘(4) PERSONNEL MANAGEMENT DEMONSTRA15 TION PROJECT.—Notwithstanding any other provi16 sion of law, the Personnel Management Demonstra17 tion Project established under section 102 of title I 

18 of division C of the Omnibus Consolidated and 

19 Emergency Supplemental Appropriations Act for 

20 Fiscal Year 1999 (Public Law 105–277; 112 Stat. 

21 2681–585) shall be transferred to the Secretary of 

22 the Treasury for continued use by the Tax and 

23 Trade Bureau.’’. 


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1 (2) Section 1114(a) of such Act (6 U.S.C. 

2 532(a)) is amended by striking ‘‘Bureau’’ and in3 serting ‘‘Federal Bureau of Investigation’’. 

4 (b) AMENDMENTS TO THE ENHANCED BORDER SE5 CURITY AND VISA ENTRY REFORM ACT OF 2002.—Sec6 tion 2(4) of the Enhanced Border Security and Visa Entry 

7 Reform Act of 2002 (8 U.S.C. 1701(2)(4)) is amended 

8 by striking subparagraph (J) and redesignating subpara9 graphs (K) and (L) as subparagraphs (J) and (K), respec10 tively. 

11 (c) AMENDMENT TO THE FIREFIGHTERS’ SAFETY

12 STUDY ACT.—Section 3(1) of the Firefighters’ Safety 

13 Study Act (15 U.S.C. 2223b(1)) is amended— 

14 (1) by adding ‘‘and’’ at the end of subpara15 graph (C); 

16 (2) by striking ‘‘; and’’ at the end of subpara17 graph (D) and inserting a comma; and 

18 (3) by striking subparagraph (E). 

19 (d) AMENDMENTS RELATING TO TITLE 18, UNITED

20 STATES CODE.— 

21 (1) Section 846(a) of title 18, United States 

22 Code, is amended by striking ‘‘, together with the 

23 Bureau of Alcohol, Tobacco, Firearms, and Explo24 sives,’’. 


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1 (2) Section 514(b) of division B of the Consoli2 dated and Further Continuing Appropriations Act, 

3 2013 (18 U.S.C. 923 note; Public Law 113–6; 127 

4 Stat. 271) is amended by striking ‘‘Bureau of Alco5 hol, Tobacco, Firearms, and Explosives shall include 

6 in all such data releases’’ and inserting ‘‘Federal 

7 Bureau of Investigation shall include in all releases 

8 of data from firearm tracing studies’’. 

9 (3) LIMITATIONS ON USE OF FUNDS FOR DIS10 CLOSURE OF FIREARMS TRACE DATA.— 

11 (A) The 6th proviso under the heading 

12 ‘‘Bureau of Alcohol, Tobacco, Firearms and Ex13 plosives—Salaries and Expenses’’ in title I of 

14 division B of the Consolidated and Further 

15 Continuing Appropriations Act, 2012 (18 

16 U.S.C. 923 note; Public Law 112–55; 125 Stat. 

17 609–610) is amended by striking ‘‘Bureau of 

18 Alcohol, Tobacco, Firearms, and Explosives’’ 

19 each place it appears and inserting ‘‘Federal 

20 Bureau of Investigation’’. 

21 (B) The 6th proviso under the heading 

22 ‘‘Bureau of Alcohol, Tobacco, Firearms and Ex23 plosives—Salaries and Expenses’’ in title II of 

24 division B of the Consolidated Appropriations 

25 Act, 2010 (18 U.S.C. 923 note; Public Law 


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1 111–117; 123 Stat. 3128–3129) is amended by 

2 striking ‘‘Bureau of Alcohol, Tobacco, Fire3 arms, and Explosives’’ each place it appears 

4 and inserting ‘‘Federal Bureau of Investiga5 tion’’. 

6 (C) The 6th proviso under the heading 

7 ‘‘Bureau of Alcohol, Tobacco, Firearms and Ex8 plosives—Salaries and Expenses’’ in title II of 

9 division B of the Omnibus Appropriations Act, 

10 2009 (18 U.S.C. 923 note; Public Law 111–8; 

11 123 Stat. 574–576) is amended by striking 

12 ‘‘Bureau of Alcohol, Tobacco, Firearms, and 

13 Explosives’’ each place it appears and inserting 

14 ‘‘Federal Bureau of Investigation’’. 

15 (D) The 6th proviso under the heading 

16 ‘‘Bureau of Alcohol, Tobacco, Firearms and Ex17 plosives—Salaries and Expenses’’ in title II of 

18 division B of the Consolidated Appropriations 

19 Act, 2008 (18 U.S.C. 923 note; Public Law 

20 110–161; 121 Stat. 1903–1904) is amended by 

21 striking ‘‘Bureau of Alcohol, Tobacco, Fire22 arms, and Explosives’’ each place it appears 

23 and inserting ‘‘Federal Bureau of Investiga24 tion’’. 


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1 (E) The 6th proviso under the heading 

2 ‘‘Bureau of Alcohol, Tobacco, Firearms and Ex3 plosives—Salaries and Expenses’’ in title I of 

4 the Science, State, Justice, Commerce, and Re5 lated Agencies Appropriations Act, 2006 (18 

6 U.S.C. 923 note; Public Law 109–108; 119 

7 Stat. 2295–2296) is amended by striking ‘‘Bu8 reau of Alcohol, Tobacco, Firearms, and Explo9 sives’’ each place it appears and inserting ‘‘Fed10 eral Bureau of Investigation’’. 

11 (F) The 6th proviso under the heading in 

12 title I of division B of the Consolidated Appro13 priations Act, 2005 (18 U.S.C. 923 note; Public 

14 Law 108–447; 118 Stat. 2859–2860) is amend15 ed by striking ‘‘Bureau of Alcohol, Tobacco, 

16 Firearms, and Explosives’’ each place it ap17 pears and inserting ‘‘Federal Bureau of Inves18 tigation’’. 

19 (4) Section 2343(c)(1) of title 18, United 

20 States Code, is amended by striking ‘‘Bureau of Al21 cohol, Tobacco, Firearms, and Explosives’’ and in22 serting ‘‘Drug Enforcement Administration’’. 

23 (5)(A) Section 3051 of title 18, United States 

24 Code, is amended— 


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1 (i) in the section heading, by striking 

2 ‘‘Special Agents of the Bureau of Alco3 hol, Tobacco, Firearms, and Explo4 sives’’ and inserting ‘‘certain investiga5 tors and officers of the Department of 

6 Justice’’; 

7 (ii) in subsection (a), by striking ‘‘(a) Spe8 cial agents of the Bureau of Alcohol, Tobacco, 

9 Firearms, and Explosives, as well as any other’’ 

10 and inserting ‘‘Any’’; and 

11 (iii) by striking subsection (b). 

12 (B) The item relating to section 3051 in the 

13 table of sections for chapter 203 of title 18, United 

14 States Code, is amended to read as follows: 

‘‘3051. Powers of certain investigators and officers of the Department of Justice.’’. 

15 (e) AMENDMENT TO THE NATIONAL DRUG CONTROL

16 POLICY REAUTHORIZATION ACT OF 1998.—Section 

17 716(c)(1)(B) of the National Drug Control Policy Reau18 thorization Act of 1998 (21 U.S.C. 1714(c)(1)(B)) is 

19 amended by striking ‘‘Agency, the Bureau of Alcohol, To20 bacco, Firearms, and Explosives,’’ and inserting ‘‘Admin21 istration’’. 

22 (f) AMENDMENTS TO THE INTERNAL REVENUE

23 CODE OF 1986.— 


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1 (1) Section 6103(i)(8)(A) of the Internal Rev2 enue Code of 1986 (26 U.S.C. 6103(i)(8)(A)) is 

3 amended by striking ‘‘making—’’ and all that fol4 lows through ‘‘(ii)’’. 

5 (2) Section 7801(a)(2)(A) of such Code (26 

6 U.S.C. 7801(a)(2)(A)) is amended by striking ‘‘Bu7 reau of Alcohol, Tobacco, Firearms, and Explosives’’ 

8 and inserting ‘‘Federal Bureau of Investigation’’. 

9 (g) AMENDMENTS TO TITLE 28, UNITED STATES

10 CODE.— 

11 (1) Section 530C(b)(2) of title 28, United 

12 States Code, is amended by striking ‘‘for the Bureau 

13 of Alcohol, Tobacco, Firearms, and Explosives,’’ 

14 each place it appears. 

15 (2) Chapter 40A of such title (28 U.S.C. 599A– 

16 599B) is repealed. 

17 (3) Section 2006(2) of such title is amended by 

18 striking ‘‘, the Director, Bureau of Alcohol, Tobacco, 

19 Firearms, and Explosives, Department of Justice,’’. 

20 (h) AMENDMENTS TO THE VIOLENCE AGAINST

21 WOMEN AND DEPARTMENT OF JUSTICE REAUTHORIZA22 TION ACT OF 2005.—Section 1107(a) of Violence Against 

23 Women and Department of Justice Reauthorization Act 

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1 graph (2) and redesignating paragraphs (3) through (13) 

2 as paragraphs (2) through (12), respectively. 

3 (i) AMENDMENTS TO TITLE 31, UNITED STATES

4 CODE.— 

5 (1)(A) Section 713 of title 31, United States 

6 Code, is amended— 

7 (i) in the section heading, by striking 

8 ‘‘Service, Tax and Trade Bureau, and 

9 Bureau of Alcohol, Tobacco, Fire10 arms, and Explosives’’ and inserting 

11 ‘‘Service and Tax and Trade Bureau’’; 

12 (ii) in subsection (a), by striking ‘‘, and 

13 the Bureau of Alcohol, Tobacco, Firearms, and 

14 Explosives, Department of Justice of the De15 partment of the Treasury’’; and 

16 (iii) in subsection (b)— 

17 (I) in each of paragraphs (2) and (3), 

18 by striking ‘‘either’’ and inserting ‘‘the’’; 

19 and 

20 (II) in paragraph (2), by striking ‘‘, 

21 the Tax and Trade Bureau, Department of 

22 the Treasury, and the Director of the Bu23 reau of Alcohol, Tobacco, Firearms, and 

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1 serting ‘‘and the Tax and Trade Bureau, 

2 Department of the Treasury’’. 

3 (B) The item relating to section 713 in the 

4 table of sections for chapter 7 of such title is amend5 ed to read as follows: 

‘‘713. Audit of Internal Revenue Service and Tax and Trade Bureau.’’. 

6 (2) Section 1344(b)(6) of such title is amended 

7 by striking ‘‘Director of the Bureau of Alcohol, To8 bacco, Firearms and Explosives’’. 

9 (j) AMENDMENT TO THE JUSTICE ASSISTANCE ACT

10 OF 1984.—Section 609N(2) of the Justice Assistance Act 

11 of 1984 (42 U.S.C. 10502(2)) is amended— 

12 (1) by adding ‘‘and’’ at the end of subpara13 graph (L); and 

14 (2) by striking subparagraph (M) and redesig15 nating subparagraph (N) as subparagraph (M). 

16 (k) AMENDMENT TO THE VIOLENT CRIME CONTROL

17 AND LAW ENFORCEMENT ACT OF 1994.—Section 

18 32401(a)(3)(B) of the Violent Crime Control and Law En19 forcement Act of 1994 (42 U.S.C. 13921(a)) is amended 

20 by striking ‘‘Bureau of Alcohol, Tobacco, Firearms, and 

21 Explosives, Department of Justice’’ and inserting ‘‘Fed22 eral Bureau of Investigation’’. 

23 (l) AMENDMENT TO TITLE 49, UNITED STATES

24 CODE.—Section 80304(d) of title 49, United States Code, 

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1 arms, and Explosives, Department of Justice’’ and insert2 ing ‘‘Drug Enforcement Administration’’. 

3 SEC. 11. EFFECTIVE DATE. 

4 This Act (except sections 2 and 3) and the amend5 ments made by this Act shall take effect 1 year after the 

6 date of the enactment of this Act. 

Æ 


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