I

103D CONGRESS

1ST SESSION H. R. 1927

To transfer all functions of the Bureau of Alcohol, Tobacco, and Firearms

relating to the regulation of firearms from the Department of the Treasury to the Federal Bureau of Investigation.

IN THE HOUSE OF REPRESENTATIVES

APRIL 29, 1993

Mr. CONYERS introduced the following bill; which was referred jointly to the

Committees on Ways and Means and the Judiciary

A BILL

To transfer all functions of the Bureau of Alcohol, Tobacco,

and Firearms relating to the regulation of firearms from

the Department of the Treasury to the Federal Bureau

of Investigation.

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

3 SECTION 1. TRANSFER OF FIREARMS REGULATION FUNC4 TIONS OF BUREAU OF ALCOHOL, TOBACCO,

5 AND FIREARMS.

6 (a) IN GENERAL.—The functions relating to the reg7 ulation of firearms which on April 29, 1993, were per8 formed by the Bureau of Alcohol, Tobacco, and Firearms
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1 are hereby transferred from that Bureau to the Attorney

2 General.

3 (b) DELEGATION OF FUNCTIONS.—The Attorney

4 General shall delegate to the Director of the Federal Bu5 reau of Investigation the functions transferred under this

6 section.

7 (c) PROPERTY AND RECORDS.—The contracts, liabil8 ities, records, property, and other assets and interests of,

9 or made available in connection with, the functions trans10 ferred by this section are hereby transferred to the Attor11 ney General for appropriate allocation.

12 (d) PERSONNEL.—

13 (1) IN GENERAL.—The personnel employed in

14 connection with the functions transferred by this

15 section are hereby transferred to the Attorney

16 General.

17 (2) EFFECT.—Any full-time or part-time per18 sonnel employed in permanent positions shall not be

19 separated or reduced in grade or compensation be20 cause of the transfer under this subsection during

21 the 1-year period beginning on the date of the enact22 ment of this Act.

23 SEC. 2. REFERENCES.

24 Any reference in any other Federal law, Executive

25 order, rule, regulation, or delegation of authority, or any
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1 document of or pertaining to the Bureau of Alcohol, To2 bacco, and Firearms with respect to functions transferred

3 by this Act—

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

5 head of that bureau is deemed to refer to the Attor6 ney General; and

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

8 bureau is deemed to refer to the Department of Jus9 tice or the Federal Bureau of Investigation, as

10 appropriate.

11 SEC. 3. SAVINGS PROVISIONS.

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

13 rules, regulations, permits, grants, contracts, certificates,

14 licenses, and privileges—

15 (1) that have been issued, made, granted, or al16 lowed to become effective by the President, by the

17 head of the Bureau of Alcohol, Tobacco, and Fire18 arms, the Secretary of the Treasury, any other Gov19 ernment official, or a court of competent jurisdic20 tion, in the performance of functions of the head of

21 the Bureau of Alcohol, Tobacco, and Firearms that

22 are transferred by this Act, and

23 (2) that are in effect on the date of the enact24 ment of this Act (or become effective after such date

25 pursuant to their terms as in effect on such date),
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1 shall continue in effect according to their terms until

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

3 accordance with law by the President, the Attorney Gen4 eral or other authorized official, or a court of competent

5 jurisdiction, or by operation of law.

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

7 not affect any proceedings or any application for any bene8 fits, service, license, permit, certificate, or financial assist9 ance pending before the Bureau of Alcohol, Tobacco, and

10 Firearms on the date of the enactment of this Act, but

11 such proceedings and applications shall be continued. Or12 ders shall be issued in such proceedings, appeals shall be

13 taken therefrom, and payments shall be made pursuant

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

15 orders issued in any such proceeding shall continue in ef16 fect until modified, terminated, superseded, or revoked by

17 a duly authorized official, by a court of competent jurisdic18 tion, or by operation of law. Nothing in this subsection

19 shall be deemed to prohibit the discontinuance or modi20 fication of any such proceeding under the same terms and

21 conditions and to the same extent that such proceeding

22 could have been discontinued or modified if this Act had

23 not been enacted.

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

25 suits commenced before the date of the enactment of this
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1 Act, and in all such suits, proceeding shall be had, appeals

2 taken, and judgments rendered in the same manner and

3 with the same effect as if this Act had not been enacted.

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

5 or other proceeding commenced by or against the head of

6 the Bureau of Alcohol, Tobacco, and Firearms, or by or

7 against any individual in the official capacity of such indi8 vidual as an officer of such bureau shall abate by reason

9 of the enactment of this Act.

10 (e) CONTINUANCE OF SUITS.—If, before the date of

11 the enactment of this Act, any agency or officer thereof

12 in the official capacity of such officer, is party to a suit,

13 and under this Act any function of such agency or officer

14 is transferred to the Attorney General or any other official

15 of the Department of Justice, then such suit shall be con16 tinued with the Attorney General or other appropriate offi17 cial of the Department of Justice substituted or added as

18 a party.

19 SEC. 4. AMENDMENTS TO INSPECTOR GENERAL ACT OF

20 1978.

21 The Inspector General Act of 1978 (5 U.S.C. App.)

22 is amended—

23 (1) in section 8C(b)—

24 (A) by striking ‘‘the Bureau of Alcohol,

25 Tobacco, and Firearms,’’; and
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1 (B) by striking ‘‘Service,’’ and inserting

2 ‘‘Service’’; and

3 (2) in section 9(a)(1)(L)—

4 (A) by striking ‘‘the ‘Office of Internal Af5 fairs, Bureau of Alcohol, Tobacco, and Fire6 arms’,’’; and

7 (B) by striking ‘‘Service’,’’ and inserting

8 ‘‘Service’ ’’.

9 SEC. 5. REPEAL OF REQUIREMENT OF AUDIT BY COMP10 TROLLER GENERAL OF THE UNITED STATES.

11 (a) REPEAL.—Section 713 of title 31, United States

12 Code, is repealed.

13 (b) CONFORMING AMENDMENT.—The table of sec14 tions at the beginning of chapter 7 of title 31, United

15 States Code, is amended by striking the item relating to

16 section 713.

17 SEC. 6. RENAMING OF BUREAU.

18 Not later than 60 days after the date of the enact19 ment of this Act, the Secretary of the Treasury shall issue

20 such regulations as are necessary to rename the Bureau

21 of Alcohol, Tobacco, and Firearms as appropriate to re22 flect the transfer of functions by this Act.

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