[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 509 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 509

 To abolish the Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
 transfer its functions relating to the Federal firearms, explosives, 
 and arson laws, violent crime, and domestic terrorism to the Federal 
  Bureau of Investigation, and transfer its functions relating to the 
  Federal alcohol and tobacco smuggling laws to the Drug Enforcement 
                Administration, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 12, 2017

Mr. Sensenbrenner introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To abolish the Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
 transfer its functions relating to the Federal firearms, explosives, 
 and arson laws, violent crime, and domestic terrorism to the Federal 
  Bureau of Investigation, and transfer its functions relating to the 
  Federal alcohol and tobacco smuggling laws to the Drug Enforcement 
                Administration, 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 ``ATF Elimination Act''.

SEC. 2. ELIMINATION OF HIRING AUTHORITY OF THE BUREAU OF ALCOHOL, 
              TOBACCO, FIREARMS, AND EXPLOSIVES.

    The hiring authority of the Director of the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives is rescinded.

SEC. 3. TRANSFER PLAN.

    (a) In General.--Within 180 days after the date of the enactment of 
this Act, the Director of the Bureau of Alcohol, Tobacco, Firearms, and 
Explosives, the Director of the Federal Bureau of Investigation, and 
the Administrator of the Drug Enforcement Administration shall jointly 
develop and submit to the Congress a plan for winding up the affairs of 
the Bureau of Alcohol, Tobacco, Firearms, and Explosives pursuant to 
this Act. The plan shall, to the maximum extent practicable, without 
compromising core functions, eliminate and reduce duplicative, 
unnecessary functions or waste.
    (b) FBI Report to GSA on Excess Property To Be Transferred to the 
FBI.--Within 1 year after the date of the enactment of this Act, the 
Director of the Federal Bureau of Investigation shall transmit to the 
Administrator of the General Services Administration a report that 
specifies the property to be transferred to the Bureau pursuant to this 
Act that the Director has determined will not be needed by the Bureau.

SEC. 4. ABOLITION OF BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND 
              EXPLOSIVES.

    The Bureau of Alcohol, Tobacco, Firearms, and Explosives is 
abolished.

SEC. 5. TRANSFER OF FUNCTIONS RELATING TO THE FEDERAL FIREARMS, 
              EXPLOSIVES, AND ARSON LAWS, AND TO VIOLENT CRIME AND 
              DOMESTIC TERRORISM, TO THE FEDERAL BUREAU OF 
              INVESTIGATION.

    (a) In General.--The functions relating to the investigation and 
enforcement of criminal and regulatory violations of the Federal 
firearms, explosives, and arson laws, and the investigation of violent 
crime and domestic terrorism, which on the effective date of this Act, 
were performed by the Bureau of Alcohol, Tobacco, Firearms, and 
Explosives, are hereby transferred to the Attorney General.
    (b) Delegation of Functions.--The Attorney General shall delegate 
to the Director of the Federal Bureau of Investigation the functions 
transferred under this section.
    (c) References.--Any reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or pertaining to the Bureau of Alcohol, Tobacco, Firearms, and 
Explosives with respect to functions transferred by this section--
            (1) to the Secretary of the Treasury or the head of that 
        bureau is deemed to refer to the Attorney General; and
            (2) to the Department of the Treasury or that bureau is 
        deemed to refer to the Department of Justice or the Federal 
        Bureau of Investigation, as appropriate.

SEC. 6. TRANSFER OF FUNCTIONS RELATING TO THE FEDERAL ALCOHOL AND 
              TOBACCO SMUGGLING LAWS TO THE DRUG ENFORCEMENT 
              ADMINISTRATION.

    (a) In General.--The functions relating to investigation and 
enforcement of criminal ad regulatory violations of the Federal alcohol 
and tobacco smuggling laws, which on the effective date of this Act, 
were performed by the Bureau of Alcohol, Tobacco, Firearms, and 
Explosives, are hereby transferred to the Attorney General.
    (b) Delegation of Functions.--The Attorney General shall delegate 
to the Administrator of Drug Enforcement the functions transferred 
under this section.
    (c) References.--Any reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or pertaining to the Bureau of Alcohol, Tobacco, Firearms, and 
Explosives with respect to functions transferred by this section--
            (1) to the Secretary of the Treasury or the head of that 
        bureau is deemed to refer to the Attorney General; and
            (2) to the Department of the Treasury or that bureau is 
        deemed to refer to the Department of Justice or the Drug 
        Enforcement Administration, as appropriate.

SEC. 7. PROPERTY AND RECORDS.

    The contracts, liabilities, records, property, and other assets and 
interests of, or made available in connection with, the functions 
transferred by this Act are hereby transferred to the Attorney General 
for appropriate allocation.

SEC. 8. PERSONNEL.

    (a) In General.--The personnel employed in connection with the 
functions transferred by this Act are hereby transferred to the 
Attorney General.
    (b) Effect.--During the 1-year period beginning on the effective 
date of this Act, any full-time or part-time personnel employed in 
permanent positions shall not be separated or reduced in grade or 
compensation because of the transfer under this Act.

SEC. 9. SAVINGS PROVISIONS.

    (a) Legal Documents.--All orders, determinations, rules, 
regulations, permits, grants, contracts, certificates, licenses, and 
privileges--
            (1) that have been issued, made, granted, or allowed to 
        become effective by the President, by the head of the Bureau of 
        Alcohol, Tobacco, Firearms, and Explosives, the Attorney 
        General, the Secretary of the Treasury, any other Government 
        official, or a court of competent jurisdiction, in the 
        performance of functions of the head of that bureau that are 
        transferred by this Act, and
            (2) that are in effect on the effective date of this Act 
        (or become effective after such date pursuant to their terms as 
        in effect on such date),
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the Attorney General or other authorized official, or a 
court of competent jurisdiction, or by operation of law.
    (b) Proceedings.--The provisions of this Act shall not affect any 
proceedings or any application for any benefits, service, license, 
permit, certificate, or financial assistance pending before the Bureau 
of Alcohol, Tobacco, Firearms, and Explosives on the effective date of 
this Act, but such proceedings and applications shall be continued. 
Orders shall be issued in such proceedings, appeals shall be taken 
therefrom, and payments shall be made pursuant to such orders, as if 
this Act had not been enacted, and orders issued in any such proceeding 
shall continue in effect until modified, terminated, superseded, or 
revoked by a duly authorized official, by a court of competent 
jurisdiction, or by operation of law. Nothing in this subsection shall 
be deemed to prohibit the discontinuance or modification of any such 
proceeding under the same terms and conditions and to the same extent 
that such proceeding could have been discontinued or modified if this 
Act had not been enacted.
    (c) Suits.--The provisions of this Act shall not affect suits 
commenced before the effective date of this Act, and in all such suits, 
proceeding shall be had, appeals taken, and judgments rendered in the 
same manner and with the same effect as if this Act had not been 
enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against the head of the Bureau of Alcohol, Tobacco, 
Firearms, and Explosives, or by or against any individual in the 
official capacity of such individual as an officer of such bureau shall 
abate by reason of the enactment of this Act.
    (e) Continuance of Suits.--If, before the effective date of this 
Act, any agency or officer thereof in the official capacity of such 
officer, is party to a suit, and under this Act any function of such 
agency or officer is transferred to the Attorney General or any other 
official of the Department of Justice, then such suit shall be 
continued with the Attorney General or other appropriate official of 
the Department of Justice substituted or added as a party.

SEC. 10. CONFORMING AMENDMENTS.

    (a) Amendments to the Homeland Security Act of 2002.--
            (1) Section 1111(d) of the Homeland Security Act of 2002 (6 
        U.S.C. 531(d)) is amended by adding at the end the following:
            ``(4) Personnel management demonstration project.--
        Notwithstanding any other provision of law, the Personnel 
        Management Demonstration Project established under section 102 
        of title I of division C of the Omnibus Consolidated and 
        Emergency Supplemental Appropriations Act for Fiscal Year 1999 
        (Public Law 105-277; 112 Stat. 2681-585) shall be transferred 
        to the Secretary of the Treasury for continued use by the Tax 
        and Trade Bureau.''.
            (2) Section 1114(a) of such Act (6 U.S.C. 532(a)) is 
        amended by striking ``Bureau'' and inserting ``Federal Bureau 
        of Investigation''.
    (b) Amendments to the Enhanced Border Security and Visa Entry 
Reform Act of 2002.--Section 2(4) of the Enhanced Border Security and 
Visa Entry Reform Act of 2002 (8 U.S.C. 1701(2)(4)) is amended by 
striking subparagraph (J) and redesignating subparagraphs (K) and (L) 
as subparagraphs (J) and (K), respectively.
    (c) Amendment to the Firefighters' Safety Study Act.--Section 3(1) 
of the Firefighters' Safety Study Act (15 U.S.C. 2223b(1)) is amended--
            (1) by adding ``and'' at the end of subparagraph (C);
            (2) by striking ``; and'' at the end of subparagraph (D) 
        and inserting a comma; and
            (3) by striking subparagraph (E).
    (d) Amendments Relating to Title 18, United States Code.--
            (1) Section 846(a) of title 18, United States Code, is 
        amended by striking ``, together with the Bureau of Alcohol, 
        Tobacco, Firearms, and Explosives,''.
            (2) Section 514(b) 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 amended by striking 
        ``Bureau of Alcohol, Tobacco, Firearms, and Explosives shall 
        include in all such data releases'' and inserting ``Federal 
        Bureau of Investigation shall include in all releases of data 
        from firearm tracing studies''.
            (3) Limitations on use of funds for disclosure of firearms 
        trace data.--
                    (A) The 6th proviso 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 ``Bureau of Alcohol, Tobacco, 
                Firearms, and Explosives'' each place it appears and 
                inserting ``Federal Bureau of Investigation''.
                    (B) 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 ``Bureau of Alcohol, Tobacco, 
                Firearms, and Explosives'' each place it appears and 
                inserting ``Federal Bureau of Investigation''.
                    (C) 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 
                ``Bureau of Alcohol, Tobacco, Firearms, and 
                Explosives'' each place it appears and inserting 
                ``Federal Bureau of Investigation''.
                    (D) 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 ``Bureau of Alcohol, Tobacco, 
                Firearms, and Explosives'' each place it appears and 
                inserting ``Federal Bureau of Investigation''.
                    (E) 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 ``Bureau of Alcohol, 
                Tobacco, Firearms, and Explosives'' each place it 
                appears and inserting ``Federal Bureau of 
                Investigation''.
                    (F) 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 ``Bureau of Alcohol, 
                Tobacco, Firearms, and Explosives'' each place it 
                appears and inserting ``Federal Bureau of 
                Investigation''.
            (4) Section 2343(c)(1) of title 18, United States Code, is 
        amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and 
        Explosives'' and inserting ``Drug Enforcement Administration''.
            (5)(A) Section 3051 of title 18, United States Code, is 
        amended--
                    (i) in the section heading, by striking ``Special 
                Agents of the Bureau of Alcohol, Tobacco, Firearms, and 
                Explosives'' and inserting ``certain investigators and 
                officers of the Department of Justice'';
                    (ii) in subsection (a), by striking ``(a) Special 
                agents of the Bureau of Alcohol, Tobacco, Firearms, and 
                Explosives, as well as any other'' and inserting 
                ``Any''; and
                    (iii) by striking subsection (b).
            (B) The item relating to section 3051 in the table of 
        sections for chapter 203 of title 18, United States Code, is 
        amended to read as follows:

``3051. Powers of certain investigators and officers of the Department 
                            of Justice.''.
    (e) Amendment to the National Drug Control Policy Reauthorization 
Act of 1998.--Section 716(c)(1)(B) of the National Drug Control Policy 
Reauthorization Act of 1998 (21 U.S.C. 1714(c)(1)(B)) is amended by 
striking ``Agency, the Bureau of Alcohol, Tobacco, Firearms, and 
Explosives,'' and inserting ``Administration''.
    (f) Amendments to the Internal Revenue Code of 1986.--
            (1) Section 6103(i)(8)(A) of the Internal Revenue Code of 
        1986 (26 U.S.C. 6103(i)(8)(A)) is amended by striking 
        ``making--'' and all that follows through ``(ii)''.
            (2) Section 7801(a)(2)(A) of such Code (26 U.S.C. 
        7801(a)(2)(A)) is amended by striking ``Bureau of Alcohol, 
        Tobacco, Firearms, and Explosives'' and inserting ``Federal 
        Bureau of Investigation''.
    (g) Amendments to Title 28, United States Code.--
            (1) Section 530C(b)(2) of title 28, United States Code, is 
        amended by striking ``for the Bureau of Alcohol, Tobacco, 
        Firearms, and Explosives,'' each place it appears.
            (2) Chapter 40A of such title (28 U.S.C. 599A-599B) is 
        repealed.
            (3) Section 2006(2) of such title is amended by striking 
        ``, the Director, Bureau of Alcohol, Tobacco, Firearms, and 
        Explosives, Department of Justice,''.
    (h) Amendments to the Violence Against Women and Department of 
Justice Reauthorization Act of 2005.--Section 1107(a) of Violence 
Against Women and Department of Justice Reauthorization Act of 2005 (28 
U.S.C. 534 note) is amended by striking paragraph (2) and redesignating 
paragraphs (3) through (13) as paragraphs (2) through (12), 
respectively.
    (i) Amendments to Title 31, United States Code.--
            (1)(A) Section 713 of title 31, United States Code, is 
        amended--
                    (i) in the section heading, by striking ``Service, 
                Tax and Trade Bureau, and Bureau of Alcohol, Tobacco, 
                Firearms, and Explosives'' and inserting ``Service and 
                Tax and Trade Bureau'';
                    (ii) in subsection (a), by striking ``, and the 
                Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice of the Department of the 
                Treasury''; and
                    (iii) in subsection (b)--
                            (I) in each of paragraphs (2) and (3), by 
                        striking ``either'' and inserting ``the''; and
                            (II) in paragraph (2), by striking ``, the 
                        Tax and Trade Bureau, Department of the 
                        Treasury, and the Director of the Bureau of 
                        Alcohol, Tobacco, Firearms, and Explosives, 
                        Department of Justice'' and inserting ``and the 
                        Tax and Trade Bureau, Department of the 
                        Treasury''.
            (B) The item relating to section 713 in the table of 
        sections for chapter 7 of such title is amended to read as 
        follows:

``713. Audit of Internal Revenue Service and Tax and Trade Bureau.''.
            (2) Section 1344(b)(6) of such title is amended by striking 
        ``Director of the Bureau of Alcohol, Tobacco, Firearms and 
        Explosives''.
    (j) Amendment to the Justice Assistance Act of 1984.--Section 
609N(2) of the Justice Assistance Act of 1984 (42 U.S.C. 10502(2)) is 
amended--
            (1) by adding ``and'' at the end of subparagraph (L); and
            (2) by striking subparagraph (M) and redesignating 
        subparagraph (N) as subparagraph (M).
    (k) Amendment to the Violent Crime Control and Law Enforcement Act 
of 1994.--Section 32401(a)(3)(B) of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 13921(a)) is amended by striking 
``Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of 
Justice'' and inserting ``Federal Bureau of Investigation''.
    (l) Amendment to Title 49, United States Code.--Section 80304(d) of 
title 49, United States Code, is amended by striking ``Bureau of 
Alcohol, Tobacco, Firearms, and Explosives, Department of Justice'' and 
inserting ``Drug Enforcement Administration''.

SEC. 11. EFFECTIVE DATE.

    This Act (except sections 2 and 3) and the amendments made by this 
Act shall take effect 1 year after the date of the enactment of this 
Act.
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