[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1961 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 1961

To provide procedures for appealing certain Bureau of Alcohol, Tobacco, 
   Firearms, and Explosives rulings or determinations, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2021

  Mr. Crenshaw (for himself and Mr. Cuellar) introduced the following 
       bill; which was 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.

    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 Accountability Act of 2021''.

SEC. 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) If a licensed manufacturer, licensed importer, or licensed 
dealer transmits to the Attorney General a written question regarding 
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 
question, and transmit the ruling or determination to the licensee.
    ``(2)(A) Within 15 calendar days after receipt of a copy of (or a 
letter issued in furtherance of) the ruling or determination, the 
licensee may appeal the ruling or determination 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) Within 45 calendar days after receipt of the request for the 
appeal, the Director of Industry Operations shall render a decision on 
the appeal in writing and transmit a copy of the decision to the 
licensee, unless the licensee requests a hearing pursuant to paragraph 
(3).
    ``(3)(A) Within 14 days after receipt from the licensee of a 
request for the appeal to be determined on the record after opportunity 
for a hearing, the 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) at least 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) The hearing 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, United States Code.
    ``(C) Within a reasonable time, and as expeditiously as possible, 
after the conclusion of the hearing, 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 to 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, the Director of 
Industry Operations, or other 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, United States Code; and
            ``(C) be binding on the United States and the licensee.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply with respect to determinations made before, on, or after the date 
of the enactment of this Act.
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