ATF Enforcement Act

Bill: 114-hr-4905
Sponsor: full_name: Rep. Beyer, Donald S., Jr. [D-VA-8]
Introduced: 2016-04-12
Policy area: Crime and Law Enforcement
Subjects: Appropriations

Business records

Criminal justice information and records

Department of Justice

Executive agency funding and structure

Federal officials

Firearms and explosives

Freedom of information

Historical and cultural resources

Licensing and registrations

Retail and wholesale trades

Trade restrictions

Violent crime
Latest action: action_date: 2016-04-28
text: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Summaries:
action_date: 2016-04-12
action_desc: Introduced in House
text: <p><b>ATF Enforcement Act</b></p> <p>This bill amends the federal judicial code to require the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to be appointed by the Attorney General. Currently, the Director is appointed by the President and confirmed by the Senate.</p> <p> Additionally, it amends several appropriations laws to remove limitations on the ATF's authority to conduct activities related to the administration of federal firearms laws.</p> <p>The amended appropriations laws include: </p> <ul> <li>the Consolidated Appropriations Act, 2016; </li> <li> the Consolidated and Further Continuing Appropriations Act, 2013;</li> <li>the Consolidated and Further Continuing Appropriations Act, 2012;</li> <li>the Consolidated Appropriations Act, 2010;</li> <li>the Omnibus Appropriations Act, 2009;</li> <li> the Consolidated Appropriations Act, 2008;</li> <li>the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006;</li> <li>the Consolidated Appropriations Act, 2005; and</li> <li>the Consolidated Appropriations Resolution, 2003.</li> </ul> <p>The bill removes provisions from these laws that:</p> <ul> <li>prohibit the consolidation or centralization within the Department of Justice of firearm transfer records maintained by federal firearms licensees; </li> <li>prohibit the imposition of a requirement that firearms dealers conduct a physical inventory;</li> <li>require instant background check records to be destroyed within 24 hours;</li> <li>limit the use of firearms tracing data;</li> <li>limit the processing of Freedom of Information Act requests in connection with arson or explosive incidents or firearm traces;</li> <li>limit denials of applications to import &quot;curios or relics&quot; firearms, parts, or ammunition; </li> <li>prohibit denials of federal firearms licenses due to lack of business activity;</li> <li>prohibit the transfer of functions, missions, or activities to other agencies or departments; </li> <li>prohibit the search of electronic firearm transfer records of federally licensed gun dealers who go out of business; and </li> <li>prohibit denials of applications to import certain non-sporting shotguns. </li> </ul>

tv_txt: I 114th CONGRESS 2d Session H. R. 4905 IN THE HOUSE OF REPRESENTATIVES April 12, 2016 Mr. Beyer (for himself, Mr. Engel , Mr. Vargas , Ms. Norton , Mrs. Watson Coleman , Mr. Quigley , Mr. Blumenauer , Mr. Meeks , Mr. Gutiérrez , and Mr. Connolly ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To restore the ability of law enforcement authorities to enforce gun safety laws, and for other purposes.

1. Short title This Act may be cited as the ATF Enforcement Act . 2. Elimination of Senate confirmation requirement for the appointment of the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives Section 599A(a)(2) of title 28, United States Code, is amended by striking President, by and with the advice and consent of the Senate and inserting Attorney General, . 3. Elimination of limitations relating to firearms trace data (a) Tiahrt amendments (1) The matter under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 923 note; Public Law 112–55 ; 125 Stat. 609–610) is amended by striking the 6th proviso. (2) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated Appropriations Act, 2010 ( 18 U.S.C. 923 note; Public Law 111–117 ; 123 Stat. 3128–3129) is amended by striking beginning in fiscal year 2010 and thereafter and inserting in fiscal year 2010 . (3) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Omnibus Appropriations Act, 2009 ( 18 U.S.C. 923 note; Public Law 111–8 ; 123 Stat. 574–576) is amended by striking beginning in fiscal year 2009 and thereafter and inserting in fiscal year 2009 . (4) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated Appropriations Act, 2008 ( 18 U.S.C. 923 note; Public Law 110–161 ; 121 Stat. 1903–1904) is amended by striking beginning in fiscal year 2008 and thereafter and inserting in fiscal year 2008 . (5) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 ( 18 U.S.C. 923 note; Public Law 109–108 ; 119 Stat. 2295–2296) is amended by striking with respect to any fiscal year . (6) The 6th proviso under the heading in title I of division B of the Consolidated Appropriations Act, 2005 ( 18 U.S.C. 923 note; Public Law 108–447 ; 118 Stat. 2859–2860) is amended by striking with respect to any fiscal year . (b) Prohibition on use of firearms trace data To draw broad conclusions about firearms-Related crime (1) Section 514 of division B of the Consolidated and Further Continuing Appropriations Act, 2013 ( 18 U.S.C. 923 note; Public Law 113–6 ; 127 Stat. 271–272) is repealed. (2) Section 516 of the Consolidated and Further Continuing Appropriations Act, 2012 ( Public Law 112–55 ; 125 Stat. 633) is repealed. 4. Elimination of prohibition on consolidation or centralization in the Department of Justice of firearms acquisition and disposition records maintained by Federal firearms licensees The matter under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 923 note; Public Law 112–55 ; 125 Stat. 609–610) is amended by striking the 1st proviso. 5. Elimination of prohibition on imposition of requirement that firearms dealers conduct physical check of firearms inventory The matter under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 ( 18 U.S.C. 923 note; Public Law 113–6 ; 127 Stat. 248) is amended by striking the 5th proviso. 6. Elimination of requirement that instant check records be destroyed within 24 hours Section 511 of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 922 note; Public Law 112–55 ; 125 Stat. 632) is amended— (1) by striking — and all that follows through (1) ; and (2) by striking the semicolon and all that follows and inserting a period. 7. Elimination of prohibition on processing of Freedom of Information Act requests about arson or explosives incidents or firearm traces Section 644 of division J of the Consolidated Appropriations Resolution, 2003 ( 5 U.S.C. 552 note; Public Law 108–7 ; 117 Stat. 473–474) is repealed. 8. Elimination of prohibitions relating to curios or relics and importation of surplus military firearms (a) Section 518 of division B of the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ) is repealed. (b) The matter under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 ( 18 U.S.C. 921 note; Public Law 113–6 ; 127 Stat. 248) is amended by striking the 1st proviso. (c) Section 519 of division B of the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ; 127 Stat. 274) is repealed. 9. Elimination of prohibition on denial of federal firearms license due to lack of business activity The matter under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 ( 18 U.S.C. 923 note; Public Law 113–6 ; 127 Stat. 248) is amended by striking the 6th proviso. 10. Elimination of prohibition on the transfer of the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or departments The matter under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ) is amended by striking the 3rd proviso. 11. Elimination of prohibition on search computerized records of federally licensed firearms dealers who are out of business The matter under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 923 note; Public Law 112–55 ; 125 Stat. 610) is amended by striking the 7th proviso. 12. Elimination of prohibition on denying, or failing to act on, application to import certain shotgun models on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes Section 532 of division B of the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ) is repealed.