Brian A. Terry Memorial Eliminate the ATF Act

To eliminate the Bureau of Alcohol, Tobacco, Firearms and Explosives, remove firearm restrictions on lawful gun owners, and provide funds to surviving families of border patrol agents killed as a result of Operation Fast and Furious. 1. Short title This Act may be cited as the Brian A. Terry Memorial Eliminate the ATF Act I Abolishment of the Bureau of Alcohol, Tobacco, Firearms and Explosives 101. Preparatory provisions (a) Rescission of recent regulations All regulations and guidance issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (in this title referred to as the Bureau (b) Rescission of hiring authority The authority of any officer or employee of the Bureau to hire is hereby rescinded. (c) Notice to bureau employees On the date of the enactment of this title, the President shall provide each employee of the Bureau with written notice that, on the abolishment date— (1) the Bureau will be abolished; and (2) if the employee is a Bureau employee as of that date, the employment of the employee with the Bureau will be terminated. (d) Disposition of confiscated firearms and ammunition possessed by the bureau (1) Publication of list Within 3 months after the date of the enactment of this title, the Director of the Bureau shall publish an itemized list on the website of the Bureau, which shall be available to the public, of all confiscated firearms and ammunition possessed by the Bureau. (2) Sale by auction Before the abolishment date, the Director of the Bureau shall sell the firearms and ammunition referred to in paragraph (1) to licensed dealers (as defined in section 921(a) of title 18, United States Code) at public auction. 102. Abolishment (a) In general Effective on the abolishment date, the Bureau is abolished. (b) Definitions In this title: (1) Abolishment date The term abolishment date (2) Function The term function 103. Transfer of authorities, functions, personnel, and assets to the Department of Justice (a) In general Section 599A of title 28, United States Code, is amended to read as follows: 599A. Transfer of authorities, functions, personnel, and assets to the Department of Justice (a) Transfer of authorities, functions, personnel, and assets Notwithstanding any other provision of law, there are transferred to the Department of Justice the authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco, Firearms and Explosives, as in effect just before the abolishment date (as defined in section 102(b)(1) of the Brian A. Terry Memorial Eliminate the ATF Act). (b) Coordination The Attorney General, acting through such other officials of the Department of Justice as the Attorney General may designate, shall provide for the coordination of all firearms, explosives, and arson enforcement functions vested in the Attorney General so as to assure maximum cooperation between and among any officer, employee, or agency of the Department of Justice involved in the performance of these and related functions. . (b) Conforming amendment The chapter heading for chapter 40A of such title is amended by striking Bureau of Alcohol, Tobacco, Firearms, and Explosives Transfer of Certain Authorities, Functions, Personnel, and Assets to the Department of Justice (c) Clerical amendments (1) The table of chapters for part II of such title is amended by striking the item relating to chapter 40A and inserting the following: 40A. Transfer of Certain Authorities, Functions, Personnel, and Assets to the Department of Justice 599A . (2) The table of sections for chapter 40A of such title is amended by striking the item relating to section 599A and inserting the following: 599A. Transfer of Certain Authorities, Personnel, and Assets to the Department of Justice. . 104. Administration of taxes on beer, wine, spirits, and tobacco products transferred to Attorney General (a) Transfer Notwithstanding any other provision of law, there are transferred to the Department of Justice the authorities, functions, personnel, and assets of the Tax and Trade Bureau of the Department of the Treasury relating to administration and enforcement of chapters 51 and 52 of the Internal Revenue Code of 1986, so much of chapters 61 through 80 of such Code as relate to the enforcement and administration of such chapters 51 and 52, the Federal Alcohol Administration Act, the Alcohol Beverage Labeling Act of 1988, and the Act of March 1, 1913, commonly known as the Webb-Kenyon Act (b) Amendment of Internal Revenue Code of 1986 Section 7801(a)(2) (2) Administration and enforcement by attorney general of provisions relating to beer, wine, spirits, and tobacco products (A) In general The administration and enforcement of the following provisions of this title shall be performed by or under the supervision of the Attorney General; and the term Secretary Secretary of the Treasury internal revenue officer (i) Chapters 51 and 52. (ii) Chapters 61 through 80, to the extent such chapters relate to the enforcement and administration of the provisions referred to in clause (i). (B) Use of existing rulings and interpretations Nothing in the Brian A. Terry Memorial Eliminate the ATF Act . 105. Duties and authorities of the Attorney General (a) Duty To administer and dissolve other outstanding obligations and affairs The Attorney General shall— (1) administer and dissolve any outstanding obligations of the Federal Government under any programs terminated by this title; and (2) take such other actions as may be necessary to dissolve any outstanding affairs of the Bureau. (b) Other authorities For purposes of performing the functions of the Attorney General under this title and subject to the availability of appropriations, the Attorney General may— (1) enter into contracts; (2) employ experts and consultants in accordance with section 3109 of title 5, United States Code, at rates for individuals not to exceed the per diem rate equivalent to the rate for level IV of the Executive Schedule; and (3) utilize, on a reimbursable basis, the services, facilities, and personnel of other Federal agencies. (c) Rule of interpretation Nothing in this title may be construed to authorize any position of the Bureau, or authorize the Bureau to perform any function, after the abolishment date. 106. Savings provisions (a) Legal documents All orders, determinations, rules, and regulations of, permits issued by, grants, loans, contracts, and agreements made by, and certificates, licenses, and privileges granted by the Bureau, that are in effect on the abolishment date (or become effective after such date pursuant to their terms as in effect on such date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law. (b) Suits This title shall not affect suits commenced before the abolishment date, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this title had not been enacted. 107. Availability of funds All funds available for the performance of functions, programs, and activities terminated pursuant to this title shall remain available, for the duration of their period of availability but not later than September 30, 2022, for necessary expenses in connection with the termination and resolution of the functions, programs, and activities of the Bureau. 108. Conforming amendments and repeals (a) Amendments relating to title 2 (1) Section 1307(d)(3)(B)(i)(I) of title I of the Legislative Branch Appropriations Act, 2006 ( 2 U.S.C. 185(d)(3)(B)(i)(I) , including under section 922(g)(9) of title 18 (2) Section 1301(d)(3)(B)(i)(I)(cc) of title I of division H of the Consolidated Appropriations Act, 2008 (2 U.S.C. 1808(d)(3)(B)(i)(I)(cc)) is amended by striking , including under section 922(g)(9) of title 18 (b) Amendments relating to title 5 (1) Section 644 of division J of the Consolidated Appropriations Resolution, 2003 ( 5 U.S.C. 552 , 923(g)(3) or 923(g)(7), (2) Section 206 of division B of the Consolidated Appropriations Act, 2006 ( 5 U.S.C. 3104 (3) Section 122 of title I of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 ( 5 U.S.C. 3104 (4) Section 7323(b)(2)(B)(i) of title 5, United States Code, is amended by striking subclause (XII) and redesignating subclauses (XIII) and (XIV) as subclauses (XII) and (XIII), respectively. (c) Amendments relating to title 6 (1) Section 1111 of the Homeland Security Act of 2002 ( 6 U.S.C. 531 (2) Section 1114(a) of such Act ( 6 U.S.C. 532(a) Bureau Department of Justice (d) Amendments relating to title 8 (1) Section 101(a)(43) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43) (A) in subparagraph (B), by striking 924(c) 924(b) (B) in subparagraph (E)(ii) by striking section 922(g)(1), (2), (3), (4), or (5), (j), (n), (o), (p), or (r) or (2) Section 2(4)(J) of the Enhanced Border Security and Visa Entry Reform Act of 2002 ( 8 U.S.C. 1701(2)(4)(J) Bureau of Alcohol, Tobacco, Firearms, and Explosives, (e) Amendment relating to title 10 Section 546 of title V of division A of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 10 U.S.C. 113 section 922(g) of title 18, United States Code, and (f) Amendment to title 11 Section 707(c)(1)(B) of title 11, United States Code, is amended by striking 924(c)(2) 924(b)(2) (g) Amendments relating to title 15, United States Code (1) Section 4 of the Protection of Lawful Commerce in Arms Act ( 15 U.S.C. 7903 (A) in paragraph (1), by inserting (as in effect before the abolishment date, as defined in section 102(b)(1) of the Brian A. Terry Memorial Eliminate the ATF Act) Code, (B) in paragraph (2), by striking and who is licensed (C) in paragraph (4)— (i) by striking 921(a)(16) 921(a)(10) (ii) by striking 921(a)(17)(A) 921(a)(11)(A) (D) in paragraph (5)(A)— (i) in clause (i), by striking 924(h) 924(e) (ii) in clause (iii)— (I) by striking — (I) (II) by striking ; or Code (E) in paragraph (6)— (i) in each of subparagraphs (A) and (B), by inserting , as in effect before the abolishment date, as defined in section 102(b)(1) of the Brian A. Terry Memorial Eliminate the ATF Act (ii) in subparagraph (A), by striking and who is licensed (iii) in subparagraph (B), by striking and who is licensed ; and (iv) in subparagraph (C), by striking 921(a)(17)(A) 921(a)(11)(A) (2) Section 3(1)(E) of the Firefighters’ Safety Study Act ( 15 U.S.C. 2223b(1)(E) Bureau of Alcohol, Tobacco, Firearms, and Explosives, (h) Amendments relating to title 18 (1) Section 844(o) of title 18, United States Code, is amended— (A) by striking 924(c)(3) 924(b)(3) (B) by striking 924(c)(2) 924(b)(2) (2) Section 921(a) of title 18, United States Code, is amended by striking paragraphs (9) through (12), (14), (15), (19) through (22), and (25) through (34), and redesignating paragraphs (13), (16), (17), (18), (23), (24), and (35) as paragraphs (9) through (15), respectively. (3) Sections 922 and 923 of title 18, United States Code, are hereby repealed. (4) Section 2(f) of the Undetectable Firearms Act of 1988 ( 18 U.S.C. 922 (5) Section 5(c)(3) of the Protection of Lawful Commerce in Arms Act ( 18 U.S.C. 922 (A) in subparagraph (B), by striking , except subsection (B) by striking subparagraph (C). (6) Section 924 of title 18, United States Code, is amended— (A) by striking subsections (a), (e), (f), (i), (m), (n), and (p); (B) in subsection (d)(1), by striking knowing violation of subsection (a)(4), (a)(6), (f), (g), (h), (i), (j), or (k) of section 922, or knowing importation or bringing into the United States or any possession thereof any firearm or ammunition in violation of section 922( l knowing violation of this section or (C) in subsection (d)(3)— (i) in subparagraph (A), by striking 924(c)(3) 924(b)(3) (ii) in subparagraph (E), by striking 922(i), 922(j), 922( l 924(a) (iii) by striking subparagraphs (C) and (D) and redesignating subparagraphs (E) and (F) as subparagraphs (C) and (D), respectively; (D) in subsection (g)(4), by striking (c)(3) (b)(3) (E) in subsection (h)— (i) by striking (c)(3) (b)(3) (ii) by striking (c)(2) (b)(2) (F) in subsection (j), by striking (c) (b) (G) in subsection (k)(3), by striking (c)(3) (b)(3) (H) in subsection (o), by striking (c) (b) (I) by redesignating subsections (b), (c), (d), (g), (h), (j), (k), (l), and (o) as subsections (a) through (i), respectively. (7) Section 925 of title 18, United States Code, is amended— (A) in subsection (a)— (i) in paragraph (1), by striking , except for sections 922(d)(9) and 922(g)(9) and provisions relating to firearms subject to the prohibitions of section 922(p), (ii) in paragraph (2), by striking , except for provisions relating to firearms subject to the prohibitions of section 922(p), (iii) by striking paragraph (3); (iv) in paragraph (4), by striking except for provisions relating to firearms subject to the prohibitions of section 922(p), (v) in paragraph (5), by striking (3) (2) (vi) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; (B) by striking subsections (b) and (c); (C) in subsection (e), by striking 921(a)(13) 921(a)(9) (D) by striking subsection (f); and (E) by redesignating subsections (d) and (e) as subsections (b) and (c), respectively. (8) Section 925A of title 18, United States Code, is hereby repealed. (9) Section 926(a) of title 18, United States Code, is amended by striking , including 922 (10) Section 926A of title 18, United States Code, is amended by striking if console (11) Section 930 of title 18, United States Code, is hereby repealed. (12) Section 931 of title 18, United States Code, is amended by adding at the end the following: (c) Penalties Whoever knowingly violates this section shall be fined under this title, imprisoned not more than 3 years, or both. . (13) Section 514(b) of division B of the Consolidated and Further Continuing Appropriations Act, 2013 ( 18 U.S.C. 923 Public Law 113–6 Bureau of Alcohol, Tobacco, Firearms and Explosives shall include in all such data releases Department of Justice shall include in all releases of data from firearm tracing studies (14) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses 18 U.S.C. 923 Public Law 112–55 Bureau of Alcohol, Tobacco, Firearms and Explosives Department of Justice (15) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses 18 U.S.C. 923 Public Law 111–117 Bureau of Alcohol, Tobacco, Firearms and Explosives Department of Justice (16) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses 18 U.S.C. 923 Public Law 111–8 Bureau of Alcohol, Tobacco, Firearms and Explosives Department of Justice (17) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses 18 U.S.C. 923 Public Law 110–161 Bureau of Alcohol, Tobacco, Firearms and Explosives Department of Justice (18) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses 18 U.S.C. 923 Public Law 109–108 Bureau of Alcohol, Tobacco, Firearms and Explosives Department of Justice (19) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses 18 U.S.C. 923 Public Law 108–447 Bureau of Alcohol, Tobacco, Firearms, and Explosives Department of Justice (20) Section 1028A of title 18, United States Code, is amended— (A) in subsection (b)(3)(B), by striking 924(c)(3) 924(b)(3) (B) in subsection (c), by striking paragraph (3) and redesignating paragraphs (4) through (11) as paragraphs (3) through (10), respectively. (21) Section 1956(c)(7)(D) of title 18, United States Code, is amended— (A) by striking 922(l) 922(h) (B) by striking section 924(n) (relating to firearms trafficking), (22) Section 2516(1) of title 18, United States Code, is amended— (A) in paragraph (c), by striking 930 (relating to possession of weapons in Federal facilities, (B) in paragraph (n), by striking sections 922 and section (23) Section 2343 of title 18, United States Code, is amended by striking subsection (c) and redesignating subsections (d) through (f) as subsections (c) through (e), respectively. (24) (A) Section 3051 of title 18, United States Code, is amended— (i) in the section heading, by striking Special Agents of Bureau of Alcohol, Tobacco, Firearms, and Explosives certain investigators and officers of the Department of Justice (ii) in subsection (a), by striking (a) Special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, as well as any other Any (iii) by striking subsections (b) and (c). (B) The section analysis for chapter 203 3051. Powers of certain investigators and officers of the Department of Justice. . (25) Section 3142(e)(3)(B) of title 18, United States Code, is amended by striking 924(c) 924(b) (26) Section 3559(c)(2) of title 18, United States Code, is amended in each of subparagraphs (D) and (F)(i) by striking 924(c) 924(b) (27) Section 3632(d)(4)(D)(xxii) of title 18, United States Code, is amended by striking 924(c) 924(b) (28) Section 4042(b)(3) of title 18, United States Code, is amended— (A) in subparagraph (A), by striking 924(c)(2) 924(b)(2) (B) in subparagraph (B), by striking 924(c)(3) 924(b)(3) (29) Section 5031 of title 18, United States Code, is amended by striking or a violation by such a person of section 922(x) (30) Section 5032 of title 18, United States Code, is amended— (A) in the 1st undesignated paragraph, by striking section 922(x) or section 924(b), (g), or (h) section 924(a), (d), or (e) (B) in the 4th undesignated paragraph, by striking or section 922(x) of this title, or in section 924(b), (g), or (h) or in section 924(a), (d), or (e) (i) Amendment relating to title 20 Section 615(k)(7)(C) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1415(k)(7)(C) , as in effect before the abolishment date (as defined in section 102(b)(1) of the Brian A. Terry Memorial Eliminate the ATF Act) (j) Amendments relating to title 21 (1) Section 102 of the Controlled Substances Act ( 21 U.S.C. 802 , as in effect before the abolishment date (as defined in section 102(b)(1) of the Brian A. Terry Memorial Eliminate the ATF Act), for which (2) Section 716(c)(1)(B) of the National Drug Control Policy Reauthorization Act of 1998 ( 21 U.S.C. 1714(c)(1)(B) Agency, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Administration, the Department of Justice, (k) Amendment relating to title 22 Section 655(b)(3) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2415(b)(3) , including report (l) Amendments to the Internal Revenue Code of 1986 (1) Repeal of National Firearms Act Chapter 53 (2) Repeal of firearms and ammunition excise tax Part III of subchapter D of chapter 32 of such Code is hereby repealed. (3) Section 6103(i)(8)(A)(i) of such Code ( 26 U.S.C. 6103(i)(8)(A) the Bureau of Alcohol, Tobacco, Firearms, and Explosives Department of the Treasury or the Department of Justice (m) Amendments relating to title 28 (1) Each of the following provisions of law is amended by striking Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice (A) Section 530C(b)(2) of title 28, United States Code. (B) Section 207 of division B of the Consolidated and Further Continuing Appropriations Act, 2013 ( 28 U.S.C. 533 (C) Section 207 of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 28 U.S.C. 533 (D) Section 207 of division B of the Consolidated Appropriations Act, 2010 ( 28 U.S.C. 533 (E) Section 207 of division B of the Omnibus Appropriations Act, 2009 ( 28 U.S.C. 533 (F) Section 207 of division B of the Consolidated Appropriations Act, 2008 ( 28 U.S.C. 533 (G) Section 107 of title I of the Consolidated and Further Continuing Appropriations Act, 2013 ( 28 U.S.C. 533 (H) Section 116 of title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 ( 28 U.S.C. 533 (2) Section 1151(c) of title XI of the Consolidated and Further Continuing Appropriations Act, 2013 ( 28 U.S.C. 533 (A) by striking Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice (B) by striking Bureau on Department on (3) (A) Section 599B of title 28, United States Code, is repealed. (B) The section analysis for chapter 40A of such title is amended by striking the item relating to section 599B. (4) Section 2006(2) of title 28, United States Code, is amended by striking , the Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, (n) Amendments to title 31 (1) (A) Section 713 of title 31, United States Code, is amended— (i) in the section heading, by striking Service, Tax and Trade Bureau, and Bureau of Alcohol, Tobacco, Firearms, and Explosives Service and Department of Justice (ii) in subsection (a), by striking and the Tax and Trade Bureau Department of Justice of the Department of the Treasury and so much of the Department of Justice as relates to the administration and enforcement of provisions transferred under the Brian A. Terry Memorial Eliminate the ATF Act (iii) in subsection (b)— (I) in each of paragraphs (1), (2), and (3), by striking either Bureau the Department (II) in paragraph (2), by striking , the Tax and Trade Bureau, Department of the Treasury, and the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice and the Department of Justice (B) The section analysis for chapter 7 of such title is amended by striking the item relating to section 713 and inserting the following: 713. Audit of Internal Revenue Service and Department of Justice. . (2) Section 1344(b)(6) of such title is amended by striking Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (o) Amendments relating to title 34 (1) Amendment to the 21 st Section 14003(a)(1)(B)(ii) of division B of the 21 st 34 U.S.C. 10471 , as in effect before the abolishment date (as defined in section 102(b)(1) of the Brian A. Terry Memorial Eliminate the ATF Act) (2) Amendments to the James Guelff and Chris McCurley Body Armor Act of 2002 Section 11009 of the James Guelff and Chris McCurley Body Armor Act of 2002 ( 34 U.S.C. 10534 (A) in subsection (d)(1), by striking 924(c) 924(b) (B) in subsection (e)(4)(B), by striking clause (i) and redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (3) Amendment to the Juvenile Justice and Delinquency Prevention Act of 1974 Section 223(a)(11)(A)(i) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11133(a)(11)(A)(i)(I) (4) Amendments to the Violent Crime Control and Law Enforcement Act of 1994 (A) Section 32401(a)(3)(B) of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12281(a)(3)(B) Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice for salaries, expenses, and associated administrative costs for operating and overseeing such projects the trust fund established under section 201 of the Brian A. Terry Memorial Eliminate the ATF Act for use in accordance with such section (B) Section 180102(b)(2) of such Act ( 34 U.S.C. 12541(b)(2) Bureau of Alcohol, Tobacco, and Firearms, (5) Amendments to the Crime Identification Technology Act of 1998 Section 102(b) of the Crime Identification Technology Act of 1998 ( 34 U.S.C. 40301(b) (6) Amendments to the Brady Handgun Violence Prevention Act (A) Section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 (B) Section 106 of such Act ( 34 U.S.C. 40302 (7) Repeal of the NICS Improvement Amendments Act of 2007 The NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40911–40941 (8) Amendments to the Violence Against Women and Department of Justice Reauthorization Act of 2005 (A) Section 1106(a)(1) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( 34 U.S.C. 41506(a)(1) the Bureau of Alcohol, Tobacco, Firearms, and Explosives, (B) Section 1107(a) of such Act ( 34 U.S.C. 41507(a) (9) Amendment to the Justice Assistance Act of 1984 Section 609N(2) of the Justice Assistance Act of 1984 ( 34 U.S.C. 50102(2) (A) by adding and (B) by striking subparagraph (M) and redesignating subparagraph (N) as subparagraph (M). (10) Amendment to the Interstate Transportation of Dangerous Criminals Act of 2000 Section 3(1) of the Interstate Transportation of Dangerous Criminals Act of 2000 ( 34 U.S.C. 60102(1) 924(c)(3) 924(b)(3) (11) Amendment to the Project Safe Neighborhoods Grant Program Authorization Act of 2018 Section 2(1) of the Project Safe Neighborhoods Grant Program Authorization Act of 2018 ( 34 U.S.C. 60701(1) 922 or (p) Amendments to title 36 (1) Section 40723 of title 36, United States Code, is amended— (A) in subsection (a)— (i) in paragraph (1)— (I) by striking (1) (II) by striking (A) (1) (III) by adding and (IV) by striking subparagraph (B); and (V) by striking (C) (2) (ii) by striking paragraph (2); and (B) in subsection (b), by striking — has been convicted of a felony. (2) Section 40728B(c) of such title is amended by striking — (2) (3) Section 40732(c)(2) of such title is amended by striking — a felony. (q) Amendments relating to title 42 Section 161A of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201a (1) in subsection (a), by inserting , as in effect before the abolishment date (as defined in section 102(b)(1) of the Brian A. Terry Memorial Eliminate the ATF Act) (2) in subsection (b), by striking subsections (a)(4), (a)(5), (b)(2), (b)(4), and (o) of section 922 of title 18, section 925(d)(3) of title 18, section 5844 (3) by striking subsection (c) and redesignating subsection (d) as subsection (c). (r) Amendment to title 44 Section 3903(c)(2)(A)(i)(III) of title 44, United States Code, is amended by striking , including violence (s) Amendments relating to title 49 (1) Section 363(b) of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44802 , as in effect before the abolishment date (as defined in section 102(b)(1) of the Brian A. Terry Memorial Eliminate the ATF Act) (2) Section 80304(d) of title 49, United States Code, is amended by striking Bureau of Alcohol, Tobacco, Firearms, and Explosives, (t) Effective date The repeals and amendments made by this section shall take effect on the abolishment date. (u) Report to the Congress on other amendments to Federal statute The Attorney General shall submit to the relevant Committees a written report that contains suggestions for such other amendments to Federal statutes as may be necessary or appropriate as a result of this title. II Trust Fund and Grant Programs 201. Border patrol agent killed in action trust fund (a) Creation of trust fund There is established in the Treasury of the United States a trust fund to be known as the Border Patrol Agent Killed in Action Trust Fund (b) Transfers to trust fund (1) The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall transfer to the Trust Fund all proceeds from the sales made under section 101(d)(2). (2) The amounts that, in the absence of this Act would be allocated under section 32401(a)(3)(B) of the Violent Crime Control and Law Enforcement Act of 1994, as in effect just before the abolishment date (as defined in section 102(b)(1) of this Act), shall be transferred to the Trust Fund. (c) Use of trust fund Amounts in the Trust Fund shall be made available to the Commissioner, without further appropriation, to— (1) carry out section 202 until January 1, 2032; and (2) carry out section 203 beginning on January 2, 2032. (d) Prohibition Amounts in the Trust Fund may not be used to carry out any statute, regulation, or any executive action relating to restrictions on firearms. 202. Grants to families of border patrol agent killed in the line of duty (a) In general The Commissioner shall establish a program (referred to in this section as the Program (b) Eligible recipient An eligible recipient is the surviving spouse, child, or parent of a Border Patrol agent killed in the line of duty on or after December 1, 2009. (c) Grants The Commissioner shall award grants to carry out the Program. (d) Grant amount The amount of a grant under the Program may not exceed $150,000. (e) Application To be eligible to receive a grant under the Program, an eligible recipient shall submit to the Commissioner an application in such form, at such time, and containing such information as the Commissioner may require. 203. Firearm Safety Program (a) Grant program The Commissioner shall establish a program (in this section referred to as the Firearm Safety Program (b) Grants The Commissioner may award grants to carry out the purpose described in subsection (a). (c) Application To be eligible to receive a grant under the Firearm Safety Program, the State shall submit to the Commissioner an application in such form, at such time, and containing such information as the Commissioner may require. (d) Grant amount (1) In general The amount of a grant under the Firearm Safety Program may not exceed $14,000,000. (2) Apportionment The amount of a grant awarded to each State under the Firearm Safety Program shall be apportioned by the number of licensed dealers in each such State. 204. Definitions In this title: (1) Border patrol agent The term Border Patrol agent (2) Commissioner The term Commissioner (3) Firearm The term firearm (4) Licensed dealer The term licensed dealer (5) State The term State (6) Trust fund The term Trust Fund

Summary: Brian A. Terry Memorial Eliminate the ATF Act This bill abolishes the Bureau of Alcohol, Tobacco, Firearms and Explosives and transfers its authorities, functions, personnel, and assets to the Department of Justice (DOJ). It also transfers authorities, functions, personnel, and assets of the Department of the Treasury's Alcohol and Tobacco Tax and Trade Bureau to DOJ. Additionally, the bill establishes the Border Patrol Agent Killed in Action Trust Fund. Amounts in the fund shall be made available for purposes of (1) providing grants to the surviving spouse, child, or parent of a U.S. Border Patrol agent killed in the line of duty on or after December 1, 2009; and (2) awarding grants to states for establishing firearm safety programs.