AIM Act of 2023

Bill: 118-s-118
Sponsor: full_name: Sen. Van Hollen, Chris [D-MD]
Introduced: 2023-01-26
Policy area: Crime and Law Enforcement
Subjects: Business records

Crimes against property

Criminal justice information and records

Department of Justice

Evidence and witnesses

Executive agency funding and structure

Firearms and explosives

Freedom of information

Historical and cultural resources

Judicial review and appeals

Law enforcement administration and funding

Licensing and registrations
Latest action: action_date: 2023-01-26
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2023-01-26
action_desc: Introduced in Senate
text: <p><strong></strong><b>ATF Improvement and Modernization Act of 2023 or the AIM Act of 2023</b></p> <p>This bill removes limitations on the authority of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to conduct activities related to the administration of federal firearms laws.</p> <p>Specifically, the bill removes provisions that</p> <ul> <li>limit the use of firearms tracing data; </li> <li>prohibit consolidating or centralizing records maintained by federal firearm licensees, or FFLs (e.g., gun dealers); </li> <li>prohibit imposing a requirement that gun dealers conduct a physical inventory; </li> <li>require national instant criminal background check records to be destroyed within 24 hours; </li> <li>limit the disclosure of data under the Freedom of Information Act; </li> <li> prohibit the ATF from altering the definition of or denying certain import applications for a curio or relic firearm; </li> <li> prohibit the denial of a federal firearms license due to lack of business activity; </li> <li> prohibit transferring the ATF's functions, missions, or activities to other agencies or departments; </li> <li> prohibit the electronic retrieval of information gathered from firearm transaction records of FFLs that go out of business; and </li> <li> prohibit the ATF from denying an application to import certain shotguns. </li> </ul> <p>Additionally, the bill</p> <ul> <li>raises the liability standard for denying or revoking a federal firearms license from a willful violation to a knowing violation of federal firearms laws or regulations, and </li> <li>removes the de novo standard of judicial review for appealing the denial or revocation of a federal firearms license. <br> </li> </ul>

tv_txt: II 118th CONGRESS 1st Session S. 118 IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Van Hollen introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To remove obstacles to the ability of law enforcement officers to enforce gun safety laws, and for other purposes.

1. Short title This Act may be cited as the ATF Improvement and Modernization Act of 2023 or the AIM Act of 2023 . 2. Elimination of limitations relating to firearms trace data (a) Tiahrt amendments (1) Fiscal year 2012 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives 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. 609) is amended by striking the sixth proviso. (2) Fiscal year 2010 The sixth proviso under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives 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) is amended by striking beginning in fiscal year 2010 and thereafter and inserting in fiscal year 2010 . (3) Fiscal year 2009 The sixth proviso under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Omnibus Appropriations Act, 2009 ( 18 U.S.C. 923 note; Public Law 111–8 ; 123 Stat. 575) is amended by striking beginning in fiscal year 2009 and thereafter and inserting in fiscal year 2009 . (4) Fiscal year 2008 The sixth proviso under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives 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) is amended by striking beginning in fiscal year 2008 and thereafter and inserting in fiscal year 2008 . (5) Fiscal year 2006 The sixth proviso under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives 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) is amended by striking under this or any other Act with respect to any fiscal year and inserting under this Act . (6) Fiscal year 2005 The sixth proviso under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives 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) is amended by striking under this or any other Act with respect to any fiscal year and inserting under this Act . (b) Prohibition on use of firearms trace data To draw broad conclusions about firearms-Related crime 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) is repealed. 3. 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 Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives 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. 609) is amended by striking the first proviso. 4. Elimination of prohibition on imposition of requirement that firearms dealers conduct physical check of firearms inventory (a) Fiscal year 2013 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives 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. 247) is amended by striking the fifth proviso. (b) Fiscal year 2012 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( Public Law 112–55 ; 125 Stat. 609) is amended by striking : Provided further , That no funds made available by this or any other Act shall be expended to promulgate or implement any rule requiring a physical inventory of any business licensed under section 923 of title 18, United States Code . (c) Fiscal year 2010 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2010 ( Public Law 111–117 ; 123 Stat. 3128) is amended by striking the seventh proviso. (d) Fiscal year 2009 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Omnibus Appropriations Act, 2009 ( Public Law 111–8 ; 123 Stat. 574) is amended by striking the seventh proviso. (e) Fiscal year 2008 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated Appropriations Act, 2008 ( Public Law 110–161 ; 121 Stat. 1903) is amended by striking the seventh proviso. (f) Fiscal year 2006 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 ( Public Law 109–108 ; 119 Stat. 2295) is amended by striking the seventh proviso. (g) Fiscal year 2005 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title I of division B of the Consolidated Appropriations Act, 2005 ( Public Law 108–447 ; 118 Stat. 2859) is amended by striking the seventh proviso. (h) Fiscal year 2004 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title I of division B of the Consolidated Appropriations Act, 2004 ( Public Law 108–199 ; 118 Stat. 52) is amended by striking the seventh proviso. 5. Elimination of requirement that instant check records be destroyed within 24 hours (a) Fiscal year 2012 Section 511 of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 34 U.S.C. 40901 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. (b) Fiscal year 2010 Section 511 of division B of the Consolidated Appropriations Act, 2010 ( Public Law 111–117 ; 123 Stat. 3151) 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. (c) Fiscal year 2009 Section 511 of division B of the Omnibus Appropriations Act, 2009 ( Public Law 111–8 ; 123 Stat. 596) 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. (d) Fiscal year 2008 Section 512 of division B of the Consolidated Appropriations Act, 2008 ( Public Law 110–161 ; 121 Stat. 1926) 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. (e) Fiscal year 2006 Section 611 of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 ( Public Law 119–108 ; 119 Stat. 2336) 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. (f) Fiscal year 2005 Section 615 of division B of the Consolidated Appropriations Act, 2005 ( Public Law 108–447 ; 118 Stat. 2915) 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. (g) Fiscal year 2004 Section 617 of division B of the Consolidated Appropriations Act, 2004 ( Public Law 108–199 ; 118 Stat. 95) is amended— (1) by striking (a) ; (2) by striking — and all that follows through (1) ; and (3) by striking the semicolon and all that follows and inserting a period. 6. 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) is repealed. 7. Elimination of prohibitions relating to curios or relics and importation of surplus military firearms (a) Fiscal year 2023 Section 535 of division B of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ) is repealed. (b) Fiscal year 2022 Section 536 of division B of the Consolidated Appropriations Act, 2022 ( Public Law 117–103 ; 136 Stat. 152) is repealed. (c) Fiscal year 2020 Section 538 of division B of the Consolidated Appropriations Act, 2020 ( Public Law 116–93 ; 133 Stat. 2433) is repealed. (d) Fiscal year 2019 Section 517 of division C of the Consolidated Appropriations Act, 2019 ( Public Law 116–6 ; 133 Stat. 133) is repealed. (e) Fiscal year 2013 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives 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. 247) is amended by striking the first proviso. 8. Elimination of prohibition on denial of federal firearms license due to lack of business activity (a) Fiscal year 2013 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives 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. 247) is amended by striking : Provided further , That, in the current fiscal year and any fiscal year thereafter, no funds authorized or made available under this or any other Act may be used to deny any application for a license and all that follows through Internal Revenue Code of 1986 . (b) Fiscal year 2012 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( Public Law 112–55 ; 125 Stat. 609) is amended by striking : Provided further , That no funds authorized or made available under this or any other Act may be used to deny any application for a license and all that follows through Internal Revenue Code of 1986 . (c) Fiscal year 2010 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2010 ( Public Law 111–117 ; 123 Stat. 3128) is amended by striking : Provided further , That no funds authorized or made available under this or any other Act may be used to deny any application for a license and all that follows through Internal Revenue Code of 1986 . (d) Fiscal year 2009 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Omnibus Appropriations Act, 2009 ( Public Law 111–8 ; 123 Stat. 574) is amended by striking : Provided further , That no funds authorized or made available under this or any other Act may be used to deny any application for a license and all that follows through Internal Revenue Code of 1986 . (e) Fiscal year 2008 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated Appropriations Act, 2008 ( Public Law 110–161 ; 121 Stat. 1903) is amended by striking : Provided further , That no funds authorized or made available under this or any other Act may be used to deny any application for a license and all that follows through Internal Revenue Code of 1986 . (f) Fiscal year 2006 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 ( Public Law 109–108 ; 119 Stat. 2295) is amended by striking : Provided further , That no funds authorized or made available under this or any other Act may be used to deny any application for a license and all that follows through Internal Revenue Code of 1986 . (g) Fiscal year 2005 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title I of division B of the Consolidated Appropriations Act, 2005 ( Public Law 108–447 ; 118 Stat. 2859) is amended by striking : Provided further , That no funds authorized or made available under this or any other Act may be used to deny any application for a license and all that follows through Internal Revenue Code of 1986 . 9. 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 (a) Fiscal year 2023 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ) is amended by striking the third proviso. (b) Fiscal year 2022 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated Appropriations Act, 2022 ( Public Law 117–103 ; 136 Stat. 118) is amended by striking the third proviso. (c) Fiscal year 2020 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated Appropriations Act, 2020 ( Public Law 116–93 ; 133 Stat. 2402) is amended by striking the third proviso. (d) Fiscal year 2019 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division C of the Consolidated Appropriations Act, 2019 ( Public Law 116–6 ; 133 Stat. 107) is amended by striking the third proviso. (e) Fiscal year 2018 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ; 132 Stat. 415) is amended by striking the third proviso. (f) Fiscal year 2017 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated Appropriations Act, 2017 ( Public Law 115–31 ; 131 Stat. 198) is amended by striking the third proviso. (g) Fiscal year 2016 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ; 129 Stat. 2301) is amended by striking the third proviso. (h) Fiscal year 2015 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2015 ( Public Law 113–235 ; 128 Stat. 2187) is amended by striking the third proviso. (i) Fiscal year 2014 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated Appropriations Act, 2014 ( Public Law 113–76 ; 128 Stat. 56) is amended by striking the third proviso. (j) Fiscal year 2013 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ; 127 Stat. 247) is amended by striking : Provided further , That no funds made available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments . (k) Fiscal year 2012 The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( Public Law 112–55 ; 125 Stat. 609) is amended by striking : Provided further , That no funds made available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments . 10. Elimination of prohibition on searching computerized records of federally licensed firearms dealers who are out of business The matter under the heading Salaries and Expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives 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 : Provided further , That, hereafter, no funds made available by this or any other Act may be used to electronically retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal identification code . 11. 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 (a) Fiscal year 2023 Section 536 of division B of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 ) is repealed. (b) Fiscal year 2022 Section 537 of division B of the Consolidated Appropriations Act, 2022 ( Public Law 117–103 ; 136 Stat. 152) is repealed. (c) Fiscal year 2020 Section 539 of division B of the Consolidated Appropriations Act, 2020 ( Public Law 116–93 ; 133 Stat. 2433) is repealed. (d) Fiscal year 2019 Section 531 of division C of the Consolidated Appropriations Act, 2019 ( Public Law 116–6 ; 133 Stat. 137) is repealed. 12. Elimination of limits on frequency of record-keeping inspections of inventory and records of Federal firearms licensees Section 923(g)(1)(B)(ii) of title 18, United States Code, is amended to read as follows: (ii) for ensuring compliance with the record-keeping requirements of this chapter; or . 13. Revising standard for Federal firearm license revocation from willful violation to knowing violation (a) In general Section 923(e) of title 18, United States Code, is amended by striking willfully each place the term appears and inserting knowingly . (b) Technical amendment The third sentence of section 923(e) of title 18, United States Code, is amended by striking Secretary’s and inserting Attorney General’s . 14. Elimination of de novo review and of opportunity to rely on evidence not previously considered Section 923(f)(3) of title 18, United States Code, is amended— (1) in the second sentence, by striking de novo ; and (2) in the third sentence, by striking any evidence submitted by the parties to the proceeding whether or not such evidence and inserting only evidence that . 15. Revising standards for eligibility of Federal firearms licensees Section 923(d)(1) of title 18, United States Code, is amended by striking willfully each place the term appears and inserting knowingly .