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 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 2023’’. 


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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 product classification request or a written question 

10 regarding any regulatory matter, including but not limited 

11 to the legal status or classification of a product, regulated 

12 business practice, or a recordkeeping practice, under any 

13 law administered, in whole or in part, by the Bureau of 

14 Alcohol, Tobacco, Firearms, and Explosives, the Attorney 

15 General shall, not later than 90 days after receipt of the 

16 request or question, make a ruling or determination in 

17 writing on the question, and transmit the ruling or deter18 mination to the licensee. 

19 ‘‘(2)(A) Within 30 calendar days after receipt of a 

20 copy of the ruling or determination, the licensee may ap21 peal the ruling or determination (or a cease and desist 

22 letter) by filing with any Director of Industry Operations 

23 having jurisdiction over a premises of the licensee subject 

24 to a license issued to the licensee under this chapter a 

25 request for review of the ruling or determination, which 


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1 shall include a statement of the reasons for the appeal, 

2 and the relief requested. 

3 ‘‘(B) Within 30 calendar days after receipt of the re4 quest for the appeal, the Director of Industry Operations 

5 shall render a decision on the appeal in writing and trans6 mit a copy of the decision to the licensee. 

7 ‘‘(3)(A) Notwithstanding whether the licensee ap8 peals the ruling or determination to the Director of Indus9 try Operations, the licensee may, within 75 calendar days 

10 after receipt of a copy of the initial ruling or determination 

11 or, within 14 days after receipt of the determination by 

12 the Director of Industry Operations, which ever is later, 

13 request for the appeal to be determined on the record after 

14 opportunity for a hearing before an administrative law 

15 judge. Upon such request the administrative law judge 

16 shall— 

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

18 appeal at a location convenient to the licensee within 

19 90 days from the date of the request; and 

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

21 hearing, serve on the licensee and the Director of In22 dustry Operations a notice of the hearing. 

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

24 with the hearing procedures prescribed in subsections (b) 

25 through (e) of section 556 and section 557(d) of title 5. 


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1 ‘‘(C) Within 90 days after the conclusion of the hear2 ing, the administrative law judge shall— 

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

4 consist of— 

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

6 involved in the proceeding; 

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

8 administrative law judge, and the reasons or 

9 basis therefor with record references, on all ma10 terial issues of fact, law, or discretion presented 

11 on the record; and 

12 ‘‘(III) the decision of the administrative 

13 law judge to reverse or affirm the ruling or de14 termination involved; 

15 ‘‘(ii) certify to the complete record of the pro16 ceeding; 

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

18 a copy of the decision to the Director of Industry 

19 Operations; 

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

21 or counsel for the licensee; and 

22 ‘‘(v) transmit a copy of the decision to the at23 torney representing the United States in the pro24 ceeding. 


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1 ‘‘(4) The decision of the administrative law judge or 

2 the Director of Industry Operations, or the ruling of an3 other officer or employee of the Bureau of Alcohol, To4 bacco, Firearms, and Explosives, as the case may be, pur5 suant to this subsection shall— 

6 ‘‘(A) constitute final agency action; 

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

8 7 of title 5; and 

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

10 licensee. 

11 ‘‘(5) The submission of an administrative appeal pur12 suant to paragraph (2) or (3) shall postpone the effective 

13 date of the ruling or determination until the administra14 tive appeal and any subsequent judicial process is com15 plete. The effect shall be as if the ruling or determination 

16 had not issued until such process is complete.’’. 

17 (b) APPLICABILITY.—The amendment made by sub18 section (a) shall apply with respect to determinations 

19 made before, on, or after the date of enactment of this 

20 Act. 

Æ 


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