ATF Accountability Act of 2023

Subjects: Crime and Law Enforcement, Administrative law and regulatory procedures, Administrative remedies, Department of Justice, Firearms and explosives, Judicial review and appeals, Licensing and registrations, Manufacturing, Retail and wholesale trades

Summary:  <p><strong></strong><b>ATF Accountability Act of 2023</b></p> <p>This bill establishes a federal statutory process for licensed gun dealers, importers, or manufacturers to appeal a ruling or determination by the Bureau of Alcohol, Tobacco, Firearms and Explosives.<br> </p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 508 Introduced in House (IH)]

&lt;DOC&gt;






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``ATF Accountability Act of 2023''.

SEC. 2. PROCEDURES FOR APPEALING CERTAIN BUREAU OF ALCOHOL, TOBACCO, 
              FIREARMS AND EXPLOSIVES RULINGS OR DETERMINATIONS.

    (a) In General.--Section 923 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(m)(1) If a licensed manufacturer, licensed importer, or licensed 
dealer transmits to the Attorney General a product classification 
request or a written question regarding any regulatory matter, 
including but not limited to the legal status or classification of a 
product, regulated business practice, or a recordkeeping practice, 
under any law administered, in whole or in part, by the Bureau of 
Alcohol, Tobacco, Firearms, and Explosives, the Attorney General shall, 
not later than 90 days after receipt of the request or question, make a 
ruling or determination in writing on the question, and transmit the 
ruling or determination to the licensee.
    ``(2)(A) Within 30 calendar days after receipt of a copy of the 
ruling or determination, the licensee may appeal the ruling or 
determination (or a cease and desist letter) by filing with any 
Director of Industry Operations having jurisdiction over a premises of 
the licensee subject to a license issued to the licensee under this 
chapter a request for review of the ruling or determination, which 
shall include a statement of the reasons for the appeal, and the relief 
requested.
    ``(B) Within 30 calendar days after receipt of the request for the 
appeal, the Director of Industry Operations shall render a decision on 
the appeal in writing and transmit a copy of the decision to the 
licensee.
    ``(3)(A) Notwithstanding whether the licensee appeals the ruling or 
determination to the Director of Industry Operations, the licensee may, 
within 75 calendar days after receipt of a copy of the initial ruling 
or determination or, within 14 days after receipt of the determination 
by the Director of Industry Operations, which ever is later, request 
for the appeal to be determined on the record after opportunity for a 
hearing before an administrative law judge. Upon such request the 
administrative law judge shall--
            ``(i) set a time and place for a hearing on the appeal at a 
        location convenient to the licensee within 90 days from the 
        date of the request; and
            ``(ii) at least 10 days before the date set for the 
        hearing, serve on the licensee and the Director of Industry 
        Operations a notice of the hearing.
    ``(B) The hearing shall be conducted in accordance with the hearing 
procedures prescribed in subsections (b) through (e) of section 556 and 
section 557(d) of title 5.
    ``(C) Within 90 days after the conclusion of the hearing, the 
administrative law judge shall--
            ``(i) render a decision on the appeal, which shall consist 
        of--
                    ``(I) a brief statement of the issues of fact 
                involved in the proceeding;
                    ``(II) the findings and conclusions of the 
                administrative law judge, and the reasons or basis 
                therefor with record references, on all material issues 
                of fact, law, or discretion presented on the record; 
                and
                    ``(III) the decision of the administrative law 
                judge to reverse or affirm the ruling or determination 
                involved;
            ``(ii) certify to the complete record of the proceeding;
            ``(iii) forward the complete certified record and a copy of 
        the decision to the Director of Industry Operations;
            ``(iv) serve a copy of the decision on the licensee or 
        counsel for the licensee; and
            ``(v) transmit a copy of the decision to the attorney 
        representing the United States in the proceeding.
    ``(4) The decision of the administrative law judge or the Director 
of Industry Operations, or the ruling of another officer or employee of 
the Bureau of Alcohol, Tobacco, Firearms, and Explosives, as the case 
may be, pursuant to this subsection shall--
            ``(A) constitute final agency action;
            ``(B) be subject to judicial review under chapter 7 of 
        title 5; and
            ``(C) be binding on the United States and the licensee.
    ``(5) The submission of an administrative appeal pursuant to 
paragraph (2) or (3) shall postpone the effective date of the ruling or 
determination until the administrative appeal and any subsequent 
judicial process is complete. The effect shall be as if the ruling or 
determination had not issued until such process is complete.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply with respect to determinations made before, on, or after the date 
of enactment of this Act.
                                 &lt;all&gt;
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