II 118th CONGRESS 1st Session S. 3529 IN THE SENATE OF THE UNITED STATES December 14, 2023 Mr. Braun (for himself, Mr. Barrasso , Mr. Cramer , Mr. Crapo , Mr. Daines , Mr. Hawley , Mrs. Hyde-Smith , Mr. Lankford , Ms. Lummis , Mr. Marshall , Mr. Risch , Mr. Scott of Florida , Mr. Lee , Mr. Hoeven , and Mr. Mullin ) introduced the following bill; which was read twice and 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. Short title This Act may be cited as the ATF Accountability Act of 2023 . 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) Not later than 90 days after the Attorney General receives from a licensed manufacturer, licensed importer, or licensed dealer a product classification request or a written question regarding any regulatory matter, including the legal status or classification of a product, 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 make a ruling or determination in writing on the request or question, and transmit the ruling or determination to the licensee. (2) (A) Not later than 30 days after receipt of a copy of a ruling or determination under paragraph (1), a 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) Not later than 30 days after receipt of an appeal under subparagraph (A), a Director of Industry Operations shall render a decision on the appeal in writing and transmit a copy of the decision to the licensee, at which point the licensee may request a hearing pursuant to paragraph (3). (3) (A) Not later than14 days after receipt from a licensee of a request under paragraph (2)(B) for an appeal to be determined on the record after opportunity for a hearing, a Director of Industry Operations shall refer the request to an administrative law judge who shall— (i) set a time and place for a hearing on the appeal at a location convenient to the licensee; and (ii) not later than 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) A hearing under subparagraph (A) 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 a reasonable time, and as expeditiously as possible, after the conclusion of a hearing under subparagraph (A), 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 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. . (b) Applicability (1) In general The amendment made by subsection (a) shall apply with respect to rulings and determinations made before, on, or after the date of enactment of this Act. (2) Deadline for appeal of prior rulings and determinations For purposes of a ruling or determination made before the date of enactment of this Act, a licensee may appeal the ruling or determination (or a cease and desist letter) in the manner described in paragraph (2)(A) of section 923(m) of title 18, United States Code, as added by subsection (a), on or before the date that is 1 year after the date of enactment of this Act.