[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 835 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 835

  To reform the Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
  modernize firearms laws and regulations, protect the community from 
                   criminals, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 14, 2011

 Mr. Crapo (for himself and Mr. Leahy) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To reform the Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
  modernize firearms laws and regulations, protect the community from 
                   criminals, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bureau of Alcohol, Tobacco, 
Firearms, and Explosives Reform and Firearms Modernization Act of 
2011''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
     TITLE I--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES 
                        MODERNIZATION AND REFORM

Sec. 101. Graduated penalties for civil violations by Federal firearms 
                            licensees.
Sec. 102. Consideration of Federal firearms license applications.
Sec. 103. Definition of willfully.
Sec. 104. Establishment of formal inspection, examination, and 
                            investigative guidelines.
Sec. 105. Liquidation of inventory in Federal firearms license 
                            expiration, surrender, or revocation cases.
Sec. 106. Opportunity to cure violations after acquisition of firearms 
                            business.
Sec. 107. Standards for criminal violations of recordkeeping 
                            requirements.
Sec. 108. Effective date.
            TITLE II--FIREARMS CORRECTIONS AND IMPROVEMENTS

Sec. 201. Correction of nonsubstantive error in age limit provision.
Sec. 202. Possession of machineguns for industry testing, training, and 
                            film production.
Sec. 203. Elimination of obsolete language added by the Brady Handgun 
                            Violence Prevention Act.
Sec. 204. Elimination of written permission requirement for supervised 
                            handgun use.
Sec. 205. Modification of procedures for sharing of multiple handgun 
                            sales reports.
Sec. 206. Ban on electronic retrieval of inactive licensee information.
Sec. 207. Barrel and receiver importation.
Sec. 208. Clarifications relating to manufacturing of firearms.

     TITLE I--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES 
                        MODERNIZATION AND REFORM

SEC. 101. GRADUATED PENALTIES FOR CIVIL VIOLATIONS BY FEDERAL FIREARMS 
              LICENSEES.

    (a) In General.--Section 923 of title 18, United States Code, is 
amended by striking subsections (e) and (f) and inserting the 
following:
    ``(e)(1)(A) If the Attorney General determines that a licensee 
under this section has willfully violated any provision of this chapter 
or any regulation prescribed under this chapter, the Attorney General 
may--
            ``(i) if the violation is of a minor nature--
                    ``(I) for a first such violation, issue a written 
                warning to the licensee; and
                    ``(II) for a second or subsequent such violation--
                            ``(aa) impose on the licensee a civil money 
                        penalty of not more than $500 for each such 
                        violation, with no interest to accrue on the 
                        amount of such a penalty, except that the total 
                        amount of penalties imposed on a licensee under 
                        this subclause--
                                    ``(AA) for violations arising from 
                                a single inspection or examination 
                                shall not exceed $2,500; and
                                    ``(BB) for a single calendar year 
                                shall not exceed $5,000; or
                            ``(bb) suspend the license for not more 
                        than 30 days, and specify the circumstances 
                        under which the suspension is to be terminated, 
                        if, in the period for which the license is in 
                        effect, there have been at least 2 prior 
                        occasions on which the licensee has been 
                        determined to have violated this chapter; or
            ``(ii) if the violation is of a serious nature--
                    ``(I) impose on the licensee a civil money penalty 
                of not more than $1,500 for each such violation, with 
                no interest to accrue on the amount of such a penalty, 
                except that the total amount of penalties imposed on a 
                licensee under this subclause--
                            ``(aa) for a violation arising from a 
                        single inspection or examination shall not 
                        exceed $7,500; and
                            ``(bb) for a single calendar year shall not 
                        to exceed $15,000;
                    ``(II) suspend the license for not more than 90 
                days, and specify the circumstances under which the 
                suspension is to be terminated;
                    ``(III) revoke the license; or
                    ``(IV) take the actions described in subclauses (I) 
                and (II), or subclauses (I) and (III).
    ``(B)(i)(I) In determining the amount of a civil money penalty to 
impose under subparagraph (A) on a licensee, the nature and severity of 
the violation involved, the size of the firearms business operated by 
the licensee, and the prior record of the licensee shall be considered.
    ``(II) On request of the licensee, the Attorney General may 
consider the ability of the licensee to pay a civil money penalty, and 
may allow the licensee to submit documents and information to establish 
the ability of the licensee to pay. The Attorney General shall not make 
part of any public record any document or information so submitted, and 
shall return to the licensee any such document or information.
    ``(III) The total amount of penalties imposed on a licensee under 
subparagraph (A) with respect to violations of a minor nature and of a 
serious nature arising from a single inspection or examination shall 
not exceed $7,500, and the total of all such penalties for a single 
calendar year shall not exceed $15,000.
    ``(ii) For purposes of subparagraph (A), violation of a provision 
of this chapter with respect to 2 or more firearms during a single 
transaction shall be considered a single violation of the provision.
    ``(iii) The Attorney General may defer, or suspend, in whole or in 
part, the imposition of a civil money penalty on a licensee whose 
license is suspended under this paragraph.
    ``(C) For purposes of subparagraph (A):
            ``(i) A violation of this chapter shall be considered to be 
        of a serious nature if the violation--
                    ``(I) results in or could have resulted in the 
                transfer of a firearm or ammunition to a person 
                prohibited from possessing or receiving the firearm or 
                ammunition under this chapter or under State or local 
                law;
                    ``(II) obstructs or could have obstructed  a  bona 
                fide criminal investigation or prosecution, or an 
                inspection or examination under this chapter; or
                    ``(III) prevents or could have prevented a licensee 
                from complying with subsection (a)(7), (a)(8), (b)(1), 
                (b)(3), (b)(4), (j), (k), (o), or (p) of section 922, 
                subsection (g)(7) of this section, or subsection (b) or 
                (h) of section 924.
            ``(ii) A violation of this chapter shall be considered to 
        be of a minor nature if the violation is not of a serious 
        nature.
    ``(D) The Attorney General may not commence an enforcement action 
under subparagraph (A) with respect to a violation, after the 5-year 
period that begins with--
            ``(i) the date the violation occurred; or
            ``(ii) if the licensee intentionally obstructed discovery 
        of the violation, the date the violation is discovered.
    ``(2)(A) Not less than 30 days before the effective date of any 
penalty imposed on a licensee by reason of a determination made under 
paragraph (1), the Attorney General shall send the licensee a written 
notice--
            ``(i) of the determination, and the grounds on which the 
        determination was made;
            ``(ii) of the nature of the penalty; and
            ``(iii) that the licensee may, within 30 days after receipt 
        of the notice, request a hearing to review the determination.
    ``(B) A hearing to review a determination made under paragraph (1) 
with respect to a licensee shall not be held unless the licensee 
requests such a hearing within 30 days after receiving the notice of 
the determination sent pursuant to subparagraph (A) of this paragraph.
    ``(C) On timely receipt from the licensee of a request for a review 
described in subparagraph (B), the Attorney General shall stay the 
imposition under paragraph (1) of any penalty involved, pending 
resolution of the review, unless, in the case of a suspension or 
revocation of a licensee, the Attorney General establishes, at a 
hearing before an administrative law judge, by clear and convincing 
evidence, that the continued operation by the licensee of the business 
poses an immediate and grave threat to public safety.
    ``(3)(A) Within 90 days after timely receipt from a licensee of a 
request to review a determination made under paragraph (1) (or at such 
later time as is agreed to by the Attorney General and the licensee), 
an administrative law judge shall hold a hearing, at a location 
convenient to the licensee, to review the determination.
    ``(B) Not less than 30 days before a hearing described in 
subparagraph (A), the Attorney General shall deliver to the licensee--
            ``(i) a document identifying each person whom the Attorney 
        General intends to call as a witness during the hearing;
            ``(ii) a copy of each document which will be introduced as 
        evidence at the hearing; and
            ``(iii) copies of all documents on which the determination 
        is based.
    ``(C) Within 90 days after a hearing described in subparagraph (A), 
the administrative law judge shall issue a written decision setting 
forth findings of fact and conclusions of law, and a decision as to 
whether to affirm, modify, or reverse the determination.
    ``(D) On request of the licensee, the Attorney General shall stay 
the effective date of any penalty, suspension, or revocation until 
there has been a final, nonreviewable judgment with respect to the 
determination involved, unless, in the case of a suspension or 
revocation of a licensee, the Attorney General establishes, at a 
hearing before an administrative law judge, by clear and convincing 
evidence, that the continued operation by the licensee of the business 
poses an immediate and grave threat to public safety.
    ``(E) The action of an administrative law judge under this 
subsection shall be considered final agency action for all purposes, 
and may be reviewed only as provided in subsection (f).
    ``(4) This subsection shall not be interpreted to affect the 
authority of the Attorney General under section 922(t)(5).
    ``(f)(1) Within 60 days after a party receives a notice issued 
under subsection (d)(3) of a decision to deny a license, or a notice 
issued under subsection (e)(3)(C) of a determination to impose a civil 
money penalty or to suspend or revoke a license, the party may file a 
petition with the United States district court for the district in 
which the party resides or has a principal place of business for a de 
novo review of the decision or determination.
    ``(2) In a proceeding conducted under this subsection, the court 
shall, on application of a party, consider any evidence submitted by 
the parties to the proceeding whether or not the evidence was 
considered at the hearing held under subsection (d)(3) or (e)(3).
    ``(3) If the court determines that the licensee did not willfully 
violate 1 or more provisions of this chapter or 1 or more regulations 
prescribed under this chapter, the court shall--
            ``(A) vacate the revocation, suspension, or fine, and 
        remand the matter to the Attorney General for further 
        consideration; and
            ``(B) award to the licensee a reasonable attorney's fee 
        with respect to any part of the decision or determination on 
        which the licensee prevails.
    ``(4) If criminal proceedings are instituted against a licensee 
alleging any violation of this chapter or of a regulation prescribed 
under this chapter, and the licensee is acquitted of the charges, or 
the proceedings are terminated, other than upon motion of the 
Government before trial on the charges, the Attorney General shall be 
absolutely barred from denying a license under this chapter, suspending 
or revoking a license granted under this chapter, or imposing a civil 
money penalty under subsection (e), if the action would be based in 
whole or in part on the facts which form the basis of the criminal 
charges. The Attorney General may not institute a proceeding to suspend 
or revoke a license granted under this chapter, or to impose a civil 
money penalty under subsection (e), more than 1 year after the filing 
of the indictment or information.''.
    (b) Conforming Amendment to Procedure Applicable to Denial of 
Application for License.--Section 923(d) of title 18, United States 
Code, is amended by adding at the end the following:
    ``(3) If the Attorney General denies an application for a license, 
an administrative law judge of the Department of Justice shall, on 
request by the aggrieved party, promptly hold a hearing to review the 
denial, at a location convenient to the aggrieved party. If, after the 
hearing, the administrative law judge decides not to reverse the 
denial, the administrative law judge shall give notice of the final 
denial decision to the aggrieved party.''.

SEC. 102. CONSIDERATION OF FEDERAL FIREARMS LICENSE APPLICATIONS.

    (a) In General.--Section 923(d) of title 18, United States Code, as 
amended by section 101(b) of this Act, is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1) the following:
    ``(2) The Attorney General shall make a preliminary determination 
as to whether to approve or deny an application submitted under 
subsection (a) or (b). If the preliminary determination is to deny the 
application, the Attorney General shall notify the applicant in writing 
of the preliminary determination and the reasons for the preliminary 
determination, and shall afford the applicant an opportunity to 
supplement the application with additional information and to request a 
hearing on the application. If the applicant, in a timely manner, 
requests such a hearing, the Attorney General shall hold the hearing at 
a location convenient to the applicant, and shall notify the applicant 
in writing of the time and place of the hearing.''.
    (b) Conforming Amendment.--Section 923(f) of title 18, United 
States Code, as amended by section 101(a) of this Act, is amended by 
striking ``(d)(3)'' each place it appears and inserting ``(d)(4)''.

SEC. 103. DEFINITION OF WILLFULLY.

    Section 923(e) of title 18, United States Code, as amended by 
section 101(a) of this Act, is amended by adding at the end the 
following:
    ``(5) For purposes of this subsection, the term `willfully' means, 
with respect to conduct of a person, that the person knew of a legal 
duty, and engaged in the conduct knowingly and in intentional disregard 
of the duty.''.

SEC. 104. ESTABLISHMENT OF FORMAL INSPECTION, EXAMINATION, AND 
              INVESTIGATIVE GUIDELINES.

    (a) In General.--The Attorney General shall establish guidelines 
for how the Bureau of Alcohol, Tobacco, Firearms, and Explosives is to 
conduct inspections, examinations, or investigations of possible 
violations of chapters 40 and 44 of title 18, United States Code.
    (b) Personnel Matters.--In no case shall the amount of fines 
imposed on licensees under chapter 40 or 44 of title 18, United States 
Code, or the number of warnings issued, or suspensions or revocations 
of licenses under such chapters, be considered in the retention, 
promotion, or transfer of any officer, agent, or employee of the Bureau 
of Alcohol, Tobacco, Firearms, and Explosives.

SEC. 105. LIQUIDATION OF INVENTORY IN FEDERAL FIREARMS LICENSE 
              EXPIRATION, SURRENDER, OR REVOCATION CASES.

    Section 923 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(m)(1) Except as provided in paragraph (2), a person whose 
license issued under this chapter is expired, surrendered, or revoked 
shall be afforded 60 days from the effective date of the expiration, 
surrender, or revocation to liquidate the firearms inventory of the 
person, which time may be extended upon a showing of reasonable cause. 
During such 60-day period (including any extension of the period), the 
license involved shall continue to be considered valid.
    ``(2) Paragraph (1) shall not apply with respect to a person if a 
United States district court for the judicial district in which the 
person resides or in which the principal place of business of the 
person subject to the license is located finds, by clear and convincing 
evidence, that the continued operation by the person of the business 
poses an immediate and grave threat to public safety.''.

SEC. 106. OPPORTUNITY TO CURE VIOLATIONS AFTER ACQUISITION OF FIREARMS 
              BUSINESS.

    Section 923 of title 18, United States Code, as amended by section 
106 of this Act, is amended by adding at the end the following:
    ``(n) If the Attorney General is made aware that a business 
licensed under this chapter has transferred to a surviving spouse or 
child of the licensee, to an executor, administrator, or other legal 
representative of a deceased licensee, or to a receiver or trustee in 
bankruptcy, or an assignee for benefit of creditors, and, before the 
transfer, or on the first inspection or examination by the Attorney 
General of the records of the licensee after the transfer, the licensee 
is found to be operating the business in violation of this chapter, the 
Attorney General--
            ``(1) shall notify the transferee of the violation by the 
        transferor; and
            ``(2) shall not presume that the transferee is committing 
        the violation.''.

SEC. 107. STANDARDS FOR CRIMINAL VIOLATIONS OF RECORDKEEPING 
              REQUIREMENTS.

    Section 922(m) of title 18, United States Code, is amended--
            (1) by striking ``any false entry'' and inserting ``a 
        materially false entry'';
            (2) by striking ``appropriate entry'' and inserting ``a 
        materially significant entry''; and
            (3) by striking ``properly maintain'' and inserting 
        ``retain custody of''.

SEC. 108. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect 
180 days after the date of enactment of this Act.

            TITLE II--FIREARMS CORRECTIONS AND IMPROVEMENTS

SEC. 201. CORRECTION OF NONSUBSTANTIVE ERROR IN AGE LIMIT PROVISION.

    Section 922(b)(1) of title 18, United States Code, is amended to 
read as follows:
            ``(1) any firearm or ammunition to any individual who the 
        licensee knows or has reasonable cause to believe has not 
        attained 18 years of age, and, if the firearm is other than a 
        shotgun or rifle, or the ammunition is for a firearm other than 
        a shotgun or rifle, to any individual who the licensee knows or 
        has reasonable cause to believe has not attained 21 years of 
        age;''.

SEC. 202. POSSESSION OF MACHINEGUNS FOR INDUSTRY TESTING, TRAINING, AND 
              FILM PRODUCTION.

    (a) Post-1986 Machineguns for Testing, Research and Development.--
Section 922(o)(2) of title 18, United States Code, is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) by redesignating subparagraph (B) as subparagraph (E); 
        and
            (3) by inserting after subparagraph (A) the following:
            ``(B) a transfer to, or possession by, a licensed 
        manufacturer or licensed importer solely for testing, research, 
        design, or development of ammunition or a firearm;
            ``(C) a possession by a licensed manufacturer or licensed 
        importer for the purposes of training persons to whom a 
        machinegun, manufactured or imported by the licensee, may be 
        transferred as described in subparagraph (A);
            ``(D) a transfer to or possession by a licensed 
        manufacturer, licensed importer, or licensed dealer for a 
        professional theatrical purpose if the licensee--
                    ``(i) is registered under section 5802 of the 
                National Firearms Act;
                    ``(ii) holds a valid permit or license under State 
                law to engage in business as a theatrical firearms 
                dealer or equivalent statutory designation;
                    ``(iii) derives not less than 80 percent of income 
                from the firearms business from the use of firearms by 
                professional motion picture or television productions 
                that are distributed to or produced for a national or 
                international audience;
                    ``(iv) before possessing a machinegun under this 
                subparagraph, provides the Attorney General with 
                documentation that--
                            ``(I) the licensee meets the requirements 
                        of clauses (i) through (iii); and
                            ``(II) the transfer or possession, as the 
                        case may be, is for such purpose; and
                    ``(v) establishes that the number of machineguns 
                sought by the licensee is reasonable for the film, 
                production, or performance for which the machineguns 
                are requested; or''.
    (b) Importation of Machineguns.--Section 925(d) of title 18, United 
States Code, is amended--
            (1) in paragraph (3), by striking ``or'' at the end;
            (2) in paragraph (4), by striking the period and inserting 
        a semicolon; and
            (3) by inserting after paragraph (4) the following:
            ``(5) is imported or brought in for a purpose described in 
        section 922(o)(2); or
            ``(6) is a machinegun being imported or brought in for a 
        purpose described in section 922(o)(2)(D).''.
    (c) Importation Under the National Firearms Act.--Section 5844 of 
the National Firearms Act (26 U.S.C. 5844) is amended--
            (1) in paragraph (2), by striking ``or'' at the end; and
            (2) by inserting after paragraph (3) the following:
            ``(4) a machinegun being imported or brought in by a 
        registered importer or registered manufacturer for the purpose 
        of training persons who acquire machineguns pursuant to 
        paragraph (1) that were manufactured or imported by the 
        registrant; or
            ``(5) a machinegun being imported or brought in for a 
        purpose described in section 922(o)(2)(D) of title 18, United 
        States Code;''.
    (d) Professional Theatrical Purpose Defined.--Section 921(a) of 
title 18, United States Code, is amended by adding at the end the 
following:
    ``(36) The term `professional theatrical purpose' means the use of 
firearms in a motion picture or television production which is expected 
to be produced, distributed, marketed, or shown by a member of a 
nationally recognized professional trade association related primarily 
to motion picture and television production, as determined by the 
Attorney General.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect 180 days after the date of enactment of this Act.

SEC. 203. ELIMINATION OF OBSOLETE LANGUAGE ADDED BY THE BRADY HANDGUN 
              VIOLENCE PREVENTION ACT.

    Section 922 of title 18, United States Code, is amended--
            (1) by striking subsection (s); and
            (2) in subsection (t)(1), by striking ``Beginning'' and all 
        that follows through ``a licensed'' and inserting ``A 
        licensed''.

SEC. 204. ELIMINATION OF WRITTEN PERMISSION REQUIREMENT FOR SUPERVISED 
              HANDGUN USE.

    Section 922(x)(3)(A) of title 18, United States Code, is amended--
            (1) in clause (ii), by striking subclause (II) and 
        inserting the following:
                            ``(II) with respect to ranching or farming 
                        activities, target practice, hunting, or a 
                        course of instruction in the safe and lawful 
                        use of a handgun, as described in clause (i), a 
                        juvenile may possess and use a handgun or 
                        ammunition without the prior written consent, 
                        if the parent or legal guardian is present at 
                        all times and the juvenile acts at the 
                        direction of a parent, legal guardian, or other 
                        adult who is not prohibited by Federal, State, 
                        or local law from possessing a firearm;''; and
            (2) in clause (iii), by inserting ``except as provided in 
        clause (ii)(II),'' after ``(iii)''.

SEC. 205. MODIFICATION OF PROCEDURES FOR SHARING OF MULTIPLE HANDGUN 
              SALES REPORTS.

    Section 923(g)(3)(A) of title 18, United States Code, is amended--
            (1) by striking ``and to the department of State police'' 
        and all that follows through ``took place''; and
            (2) by adding at the end the following: ``On request by a 
        State or local law enforcement agency of the jurisdiction in 
        which the sale or other disposition took place, the Attorney 
        General may provide the report to the agency, unless the agency 
        failed to make the certification required by subparagraph (B) 
        for the most recent 6-month period for which the certification 
        is so required.''.

SEC. 206. BAN ON ELECTRONIC RETRIEVAL OF INACTIVE LICENSEE INFORMATION.

    Subsection 923(g)(4) of title 18, United States Code, is amended by 
adding at the end the following: ``The Attorney General shall not 
electronically retrieve information gathered pursuant to this paragraph 
by name or by any personal identification code.''.

SEC. 207. BARREL AND RECEIVER IMPORTATION.

    (a) In General.--Section 925(e) of title 18, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``, and'' and inserting a 
        period;
            (2) by adding at the end the following:
            ``(3) All frames or receivers of rifles, or barrels for 
        firearms other than handguns, if the importation is for repair 
        or replacement purposes.''.
    (b) Governmental Imports.--Section 925(a)(1) of title 18, United 
States Code, is amended by inserting ``, barrel,'' after ``or 
importation of any firearm''.

SEC. 208. CLARIFICATIONS RELATING TO MANUFACTURING OF FIREARMS.

    (a) Clarification of Definition of Manufacturing.--Section 
921(a)(10) of title 18, United States Code, is amended by adding at the 
end the following: ``The term `manufacturing' shall not include 
repairing firearms, making or fitting special barrels, stocks, trigger 
mechanisms, or other parts to firearms, or engraving or otherwise 
altering the appearance of firearms.''.
    (b) Clarification of Definition of Dealer.--Section 921(a)(11)(B) 
of title 18, United States Code, is amended by striking ``or trigger 
mechanisms to firearms'' and inserting ``trigger mechanisms, or other 
parts to firearms, or engraving or otherwise altering the appearance of 
firearms''.
                                 <all>