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 Alco-
hol, Tobacco, Firearms, and Explosives rulings or deter-
minations, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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SEC. 2. PROCEDURES FOR APPEALING CERTAIN BUREAU 
OF ALCOHOL, TOBACCO, FIREARMS AND EX-
PLOSIVES RULINGS OR DETERMINATIONS. 
(a) IN GENERAL.—Section 923 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(m)(1) If a licensed manufacturer, licensed im-
porter, or licensed dealer transmits to the Attorney Gen-
eral 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 deter-
mination to the licensee. 
‘‘(2)(A) Within 30 calendar days after receipt of a 
copy of the ruling or determination, the licensee may ap-
peal 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 
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shall include a statement of the reasons for the appeal, 
and the relief requested. 
‘‘(B) Within 30 calendar days after receipt of the re-
quest for the appeal, the Director of Industry Operations 
shall render a decision on the appeal in writing and trans-
mit a copy of the decision to the licensee. 
‘‘(3)(A) Notwithstanding whether the licensee ap-
peals the ruling or determination to the Director of Indus-
try 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 In-
dustry 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. 
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‘‘(C) Within 90 days after the conclusion of the hear-
ing, 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 ma-
terial 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 de-
termination involved; 
‘‘(ii) certify to the complete record of the pro-
ceeding; 
‘‘(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 at-
torney representing the United States in the pro-
ceeding. 
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‘‘(4) The decision of the administrative law judge or 
the Director of Industry Operations, or the ruling of an-
other officer or employee of the Bureau of Alcohol, To-
bacco, Firearms, and Explosives, as the case may be, pur-
suant 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 pur-
suant to paragraph (2) or (3) shall postpone the effective 
date of the ruling or determination until the administra-
tive appeal and any subsequent judicial process is com-
plete. The effect shall be as if the ruling or determination 
had not issued until such process is complete.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply with respect to determinations 
made before, on, or after the date of enactment of this 
Act. 
Æ 
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