[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3960 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3960
To eliminate the Bureau of Alcohol, Tobacco, Firearms and Explosives,
remove firearm restrictions on lawful gun owners, and provide funds to
surviving families of border patrol agents killed as a result of
Operation Fast and Furious.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 17, 2021
Mrs. Greene of Georgia (for herself, Mr. Norman, Mr. Gaetz, and Mr.
Gosar) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on Ways
and Means, and Homeland Security, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To eliminate the Bureau of Alcohol, Tobacco, Firearms and Explosives,
remove firearm restrictions on lawful gun owners, and provide funds to
surviving families of border patrol agents killed as a result of
Operation Fast and Furious.
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 ``Brian A. Terry Memorial Eliminate
the ATF Act''.
TITLE I--ABOLISHMENT OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
EXPLOSIVES
SEC. 101. PREPARATORY PROVISIONS.
(a) Rescission of Recent Regulations.--All regulations and guidance
issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (in
this title referred to as the ``Bureau'') during the period that begins
with August 1, 2020, and ends with the date of the enactment of this
title are hereby null and void and shall have no force or effect.
(b) Rescission of Hiring Authority.--The authority of any officer
or employee of the Bureau to hire is hereby rescinded.
(c) Notice to Bureau Employees.--On the date of the enactment of
this title, the President shall provide each employee of the Bureau
with written notice that, on the abolishment date--
(1) the Bureau will be abolished; and
(2) if the employee is a Bureau employee as of that date,
the employment of the employee with the Bureau will be
terminated.
(d) Disposition of Confiscated Firearms and Ammunition Possessed by
the Bureau.--
(1) Publication of list.--Within 3 months after the date of
the enactment of this title, the Director of the Bureau shall
publish an itemized list on the website of the Bureau, which
shall be available to the public, of all confiscated firearms
and ammunition possessed by the Bureau.
(2) Sale by auction.--Before the abolishment date, the
Director of the Bureau shall sell the firearms and ammunition
referred to in paragraph (1) to licensed dealers (as defined in
section 921(a) of title 18, United States Code) at public
auction.
SEC. 102. ABOLISHMENT.
(a) In General.--Effective on the abolishment date, the Bureau is
abolished.
(b) Definitions.--In this title:
(1) Abolishment date.--The term ``abolishment date'' means
the date that is 180 days after the date of the enactment of
this title.
(2) Function.--The term ``function'' includes any duty,
obligation, power, authority, responsibility, right, privilege,
activity, or program.
SEC. 103. TRANSFER OF AUTHORITIES, FUNCTIONS, PERSONNEL, AND ASSETS TO
THE DEPARTMENT OF JUSTICE.
(a) In General.--Section 599A of title 28, United States Code, is
amended to read as follows:
``Sec. 599A. Transfer of authorities, functions, personnel, and assets
to the Department of Justice
``(a) Transfer of Authorities, Functions, Personnel, and Assets.--
Notwithstanding any other provision of law, there are transferred to
the Department of Justice the authorities, functions, personnel, and
assets of the Bureau of Alcohol, Tobacco, Firearms and Explosives, as
in effect just before the abolishment date (as defined in section
102(b)(1) of the Brian A. Terry Memorial Eliminate the ATF Act).
``(b) Coordination.--The Attorney General, acting through such
other officials of the Department of Justice as the Attorney General
may designate, shall provide for the coordination of all firearms,
explosives, and arson enforcement functions vested in the Attorney
General so as to assure maximum cooperation between and among any
officer, employee, or agency of the Department of Justice involved in
the performance of these and related functions.''.
(b) Conforming Amendment.--The chapter heading for chapter 40A of
such title is amended by striking ``BUREAU OF ALCOHOL, TOBACCO,
FIREARMS, AND EXPLOSIVES'' and inserting ``TRANSFER OF CERTAIN
AUTHORITIES, FUNCTIONS, PERSONNEL, AND ASSETS TO THE DEPARTMENT OF
JUSTICE''.
(c) Clerical Amendments.--
(1) The table of chapters for part II of such title is
amended by striking the item relating to chapter 40A and
inserting the following:
``40A. Transfer of Certain Authorities, Functions, 599A''.
Personnel, and Assets to the
Department of Justice.
(2) The table of sections for chapter 40A of such title is
amended by striking the item relating to section 599A and
inserting the following:
``599A. Transfer of Certain Authorities, Personnel, and Assets to the
Department of Justice.''.
SEC. 104. ADMINISTRATION OF TAXES ON BEER, WINE, SPIRITS, AND TOBACCO
PRODUCTS TRANSFERRED TO ATTORNEY GENERAL.
(a) Transfer.--Notwithstanding any other provision of law, there
are transferred to the Department of Justice the authorities,
functions, personnel, and assets of the Tax and Trade Bureau of the
Department of the Treasury relating to administration and enforcement
of chapters 51 and 52 of the Internal Revenue Code of 1986, so much of
chapters 61 through 80 of such Code as relate to the enforcement and
administration of such chapters 51 and 52, the Federal Alcohol
Administration Act, the Alcohol Beverage Labeling Act of 1988, and the
Act of March 1, 1913, commonly known as the ``Webb-Kenyon Act''. Such
authorities, functions, personnel, and assets shall be employed by or
under the supervision of the Attorney General.
(b) Amendment of Internal Revenue Code of 1986.--Section 7801(a)(2)
of the Internal Revenue Code of 1986 is amended to read as follows:
``(2) Administration and enforcement by attorney general of
provisions relating to beer, wine, spirits, and tobacco
products.--
``(A) In general.--The administration and
enforcement of the following provisions of this title
shall be performed by or under the supervision of the
Attorney General; and the term `Secretary' or
`Secretary of the Treasury' shall, when applied to
those provisions, mean the Attorney General; and the
term `internal revenue officer' shall, when applied to
those provisions, mean any officer within the
Department of Justice so designated by the Attorney
General:
``(i) Chapters 51 and 52.
``(ii) Chapters 61 through 80, to the
extent such chapters relate to the enforcement
and administration of the provisions referred
to in clause (i).
``(B) Use of existing rulings and
interpretations.--Nothing in the Brian A. Terry
Memorial Eliminate the ATF Act alters or repeals the
rulings and interpretations of the Tax and Trade Bureau
in effect on the effective date of such Act, which
concerns the provisions of this title referred to in
subparagraph (A). The Attorney General shall consult
with the Secretary to achieve uniformity and
consistency in administering the provisions referred to
in subparagraph (A).''.
SEC. 105. DUTIES AND AUTHORITIES OF THE ATTORNEY GENERAL.
(a) Duty To Administer and Dissolve Other Outstanding Obligations
and Affairs.--The Attorney General shall--
(1) administer and dissolve any outstanding obligations of
the Federal Government under any programs terminated by this
title; and
(2) take such other actions as may be necessary to dissolve
any outstanding affairs of the Bureau.
(b) Other Authorities.--For purposes of performing the functions of
the Attorney General under this title and subject to the availability
of appropriations, the Attorney General may--
(1) enter into contracts;
(2) employ experts and consultants in accordance with
section 3109 of title 5, United States Code, at rates for
individuals not to exceed the per diem rate equivalent to the
rate for level IV of the Executive Schedule; and
(3) utilize, on a reimbursable basis, the services,
facilities, and personnel of other Federal agencies.
(c) Rule of Interpretation.--Nothing in this title may be construed
to authorize any position of the Bureau, or authorize the Bureau to
perform any function, after the abolishment date.
SEC. 106. SAVINGS PROVISIONS.
(a) Legal Documents.--All orders, determinations, rules, and
regulations of, permits issued by, grants, loans, contracts, and
agreements made by, and certificates, licenses, and privileges granted
by the Bureau, that are in effect on the abolishment date (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, any other authorized official, a court of
competent jurisdiction, or operation of law.
(b) Suits.--This title shall not affect suits commenced before the
abolishment date, 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 title had not been enacted.
SEC. 107. AVAILABILITY OF FUNDS.
All funds available for the performance of functions, programs, and
activities terminated pursuant to this title shall remain available,
for the duration of their period of availability but not later than
September 30, 2022, for necessary expenses in connection with the
termination and resolution of the functions, programs, and activities
of the Bureau.
SEC. 108. CONFORMING AMENDMENTS AND REPEALS.
(a) Amendments Relating to Title 2, United States Code.--
(1) Section 1307(d)(3)(B)(i)(I) of title I of the
Legislative Branch Appropriations Act, 2006 (2 U.S.C.
185(d)(3)(B)(i)(I)) is amended by striking ``, including under
section 922(g)(9) of title 18''.
(2) Section 1301(d)(3)(B)(i)(I)(cc) of title I of division
H of the Consolidated Appropriations Act, 2008 (2 U.S.C.
1808(d)(3)(B)(i)(I)(cc)) is amended by striking ``, including
under section 922(g)(9) of title 18''.
(b) Amendments Relating to Title 5, United States Code.--
(1) Section 644 of division J of the Consolidated
Appropriations Resolution, 2003 (5 U.S.C. 552 note) is amended
by striking ``, 923(g)(3) or 923(g)(7),''.
(2) Section 206 of division B of the Consolidated
Appropriations Act, 2006 (5 U.S.C. 3104 note) is repealed.
(3) Section 122 of title I of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998 (5 U.S.C. 3104 note) is repealed.
(4) Section 7323(b)(2)(B)(i) of title 5, United States
Code, is amended by striking subclause (XII) and redesignating
subclauses (XIII) and (XIV) as subclauses (XII) and (XIII),
respectively.
(c) Amendments Relating to Title 6, United States Code.--
(1) Section 1111 of the Homeland Security Act of 2002 (6
U.S.C. 531) is hereby repealed.
(2) Section 1114(a) of such Act (6 U.S.C. 532(a)) is
amended by striking ``Bureau'' and inserting ``Department of
Justice''.
(d) Amendments Relating to Title 8, United States Code.--
(1) Section 101(a)(43) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(43)) is amended--
(A) in subparagraph (B), by striking ``924(c)'' and
inserting ``924(b)''; and
(B) in subparagraph (E)(ii) by striking ``section
922(g)(1), (2), (3), (4), or (5), (j), (n), (o), (p),
or (r) or''.
(2) Section 2(4)(J) of the Enhanced Border Security and
Visa Entry Reform Act of 2002 (8 U.S.C. 1701(2)(4)(J)) is
amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and
Explosives,''.
(e) Amendment Relating to Title 10, United States Code.--Section
546 of title V of division A of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 113 note) is amended
by striking ``section 922(g) of title 18, United States Code, and''.
(f) Amendment to Title 11, United States Code.--Section
707(c)(1)(B) of title 11, United States Code, is amended by striking
``924(c)(2)'' and inserting ``924(b)(2)''.
(g) Amendments Relating to Title 15, United States Code.--
(1) Section 4 of the Protection of Lawful Commerce in Arms
Act (15 U.S.C. 7903) is amended--
(A) in paragraph (1), by inserting ``(as in effect
before the abolishment date, as defined in section
102(b)(1) of the Brian A. Terry Memorial Eliminate the
ATF Act)'' after ``Code,'';
(B) in paragraph (2), by striking ``and who is
licensed'' and all that follows and inserting a period;
(C) in paragraph (4)--
(i) by striking ``921(a)(16)'' and
inserting ``921(a)(10)''; and
(ii) by striking ``921(a)(17)(A)'' and
inserting ``921(a)(11)(A)'';
(D) in paragraph (5)(A)--
(i) in clause (i), by striking ``924(h)''
and inserting ``924(e)''; and
(ii) in clause (iii)--
(I) by striking ``--'' and all that
follows through ``(I)''; and
(II) by striking ``; or'' and all
that follows through ``Code''; and
(E) in paragraph (6)--
(i) in each of subparagraphs (A) and (B),
by inserting ``, as in effect before the
abolishment date, as defined in section
102(b)(1) of the Brian A. Terry Memorial
Eliminate the ATF Act'' before the 3rd close
parenthesis;
(ii) in subparagraph (A), by striking ``and
who is licensed'' and all that follows and
inserting a semicolon;
(iii) in subparagraph (B), by striking
``and who is licensed'' and all that follows
and inserting ``; and''; and
(iv) in subparagraph (C), by striking
``921(a)(17)(A)'' and inserting
``921(a)(11)(A)''.
(2) Section 3(1)(E) of the Firefighters' Safety Study Act
(15 U.S.C. 2223b(1)(E)) is amended by striking ``Bureau of
Alcohol, Tobacco, Firearms, and Explosives,''.
(h) Amendments Relating to Title 18, United States Code.--
(1) Section 844(o) of title 18, United States Code, is
amended--
(A) by striking ``924(c)(3)'' and inserting
``924(b)(3)''; and
(B) by striking ``924(c)(2)'' and inserting
``924(b)(2)''.
(2) Section 921(a) of title 18, United States Code, is
amended by striking paragraphs (9) through (12), (14), (15),
(19) through (22), and (25) through (34), and redesignating
paragraphs (13), (16), (17), (18), (23), (24), and (35) as
paragraphs (9) through (15), respectively.
(3) Sections 922 and 923 of title 18, United States Code,
are hereby repealed.
(4) Section 2(f) of the Undetectable Firearms Act of 1988
(18 U.S.C. 922 note) is amended by striking paragraph (2).
(5) Section 5(c)(3) of the Protection of Lawful Commerce in
Arms Act (18 U.S.C. 922 note) is amended--
(A) in subparagraph (B), by striking ``, except''
and all that follows through ``subsection''; and
(B) by striking subparagraph (C).
(6) Section 924 of title 18, United States Code, is
amended--
(A) by striking subsections (a), (e), (f), (i),
(m), (n), and (p);
(B) in subsection (d)(1), by striking ``knowing
violation of subsection (a)(4), (a)(6), (f), (g), (h),
(i), (j), or (k) of section 922, or knowing importation
or bringing into the United States or any possession
thereof any firearm or ammunition in violation of
section 922(l), or knowing violation of section 924,''
and inserting ``knowing violation of this section or'';
(C) in subsection (d)(3)--
(i) in subparagraph (A), by striking
``924(c)(3)'' and inserting ``924(b)(3)'';
(ii) in subparagraph (E), by striking
``922(i), 922(j), 922(l), 922(n), or 924(b)''
and inserting ``924(a)''; and
(iii) by striking subparagraphs (C) and (D)
and redesignating subparagraphs (E) and (F) as
subparagraphs (C) and (D), respectively;
(D) in subsection (g)(4), by striking ``(c)(3)''
and inserting ``(b)(3)'';
(E) in subsection (h)--
(i) by striking ``(c)(3)'' and inserting
``(b)(3)''; and
(ii) by striking ``(c)(2)'' and inserting
``(b)(2)'';
(F) in subsection (j), by striking ``(c)'' and
inserting ``(b)'';
(G) in subsection (k)(3), by striking ``(c)(3)''
and inserting ``(b)(3)'';
(H) in subsection (o), by striking ``(c)'' and
inserting ``(b)''; and
(I) by redesignating subsections (b), (c), (d),
(g), (h), (j), (k), (l), and (o) as subsections (a)
through (i), respectively.
(7) Section 925 of title 18, United States Code, is
amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``,
except for sections 922(d)(9) and 922(g)(9) and
provisions relating to firearms subject to the
prohibitions of section 922(p),'';
(ii) in paragraph (2), by striking ``,
except for provisions relating to firearms
subject to the prohibitions of section
922(p),'';
(iii) by striking paragraph (3);
(iv) in paragraph (4), by striking ``except
for provisions relating to firearms subject to
the prohibitions of section 922(p),'';
(v) in paragraph (5), by striking ``(3)''
and insert ``(2)''; and
(vi) by redesignating paragraphs (4) and
(5) as paragraphs (3) and (4), respectively;
(B) by striking subsections (b) and (c);
(C) in subsection (e), by striking ``921(a)(13)''
each place it appears and inserting ``921(a)(9)'';
(D) by striking subsection (f); and
(E) by redesignating subsections (d) and (e) as
subsections (b) and (c), respectively.
(8) Section 925A of title 18, United States Code, is hereby
repealed.
(9) Section 926(a) of title 18, United States Code, is
amended by striking ``, including'' and all that follows
through ``922''.
(10) Section 926A of title 18, United States Code, is
amended by striking ``if'' and all that follows through
``console''.
(11) Section 930 of title 18, United States Code, is hereby
repealed.
(12) Section 931 of title 18, United States Code, is
amended by adding at the end the following:
``(c) Penalties.--Whoever knowingly violates this section shall be
fined under this title, imprisoned not more than 3 years, or both.''.
(13) 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 ``Department
of Justice shall include in all releases of data from firearm
tracing studies''.
(14) 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 ``Department of Justice''.
(15) 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
``Department of Justice''.
(16) 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 ``Department
of Justice''.
(17) 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
``Department of Justice''.
(18) 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 ``Department of Justice''.
(19) 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 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
``Department of Justice''.
(20) Section 1028A of title 18, United States Code, is
amended--
(A) in subsection (b)(3)(B), by striking
``924(c)(3)'' and inserting ``924(b)(3)''; and
(B) in subsection (c), by striking paragraph (3)
and redesignating paragraphs (4) through (11) as
paragraphs (3) through (10), respectively.
(21) Section 1956(c)(7)(D) of title 18, United States Code,
is amended--
(A) by striking ``922(l)'' and inserting
``922(h)''; and
(B) by striking ``section 924(n) (relating to
firearms trafficking),''.
(22) Section 2516(1) of title 18, United States Code, is
amended--
(A) in paragraph (c), by striking ``930 (relating
to possession of weapons in Federal facilities,''; and
(B) in paragraph (n), by striking ``sections 922
and'' and inserting ``section''.
(23) Section 2343 of title 18, United States Code, is
amended by striking subsection (c) and redesignating
subsections (d) through (f) as subsections (c) through (e),
respectively.
(24)(A) Section 3051 of title 18, United States Code, is
amended--
(i) in the section heading, by striking ``Special
Agents of 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 subsections (b) and (c).
(B) The section analysis for chapter 203 of title 18,
United States Code, is amended by striking the item relating to
section 3051 and inserting the following:
``3051. Powers of certain investigators and officers of the Department
of Justice.''.
(25) Section 3142(e)(3)(B) of title 18, United States Code,
is amended by striking ``924(c)'' and inserting ``924(b)''.
(26) Section 3559(c)(2) of title 18, United States Code, is
amended in each of subparagraphs (D) and (F)(i) by striking
``924(c)'' and inserting ``924(b)''.
(27) Section 3632(d)(4)(D)(xxii) of title 18, United States
Code, is amended by striking ``924(c)'' and inserting
``924(b)''.
(28) Section 4042(b)(3) of title 18, United States Code, is
amended--
(A) in subparagraph (A), by striking ``924(c)(2)''
and inserting ``924(b)(2)''; and
(B) in subparagraph (B), by striking ``924(c)(3)''
and inserting ``924(b)(3)''.
(29) Section 5031 of title 18, United States Code, is
amended by striking ``or a violation by such a person of
section 922(x)''.
(30) Section 5032 of title 18, United States Code, is
amended--
(A) in the 1st undesignated paragraph, by striking
``section 922(x) or section 924(b), (g), or (h)'' and
inserting ``section 924(a), (d), or (e)''; and
(B) in the 4th undesignated paragraph, by striking
``or section 922(x) of this title, or in section
924(b), (g), or (h)'' and inserting ``or in section
924(a), (d), or (e)''.
(i) Amendment Relating to Title 20, United States Code.--Section
615(k)(7)(C) of the Individuals with Disabilities Education Act (20
U.S.C. 1415(k)(7)(C)) is amended by inserting ``, as in effect before
the abolishment date (as defined in section 102(b)(1) of the Brian A.
Terry Memorial Eliminate the ATF Act)'' before the period.
(j) Amendments Relating to Title 21, United States Code.--
(1) Section 102 of the Controlled Substances Act (21 U.S.C.
802) is amended in the 2nd paragraph (57) by inserting ``, as
in effect before the abolishment date (as defined in section
102(b)(1) of the Brian A. Terry Memorial Eliminate the ATF
Act),'' before ``for which''.
(2) 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, the
Department of Justice,''.
(k) Amendment Relating to Title 22, United States Code.--Section
655(b)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2415(b)(3))
is amended by striking ``, including'' and all that follows through
``report''.
(l) Amendments to the Internal Revenue Code of 1986.--
(1) Repeal of national firearms act.--Chapter 53 of the
Internal Revenue Code of 1986 is hereby repealed.
(2) Repeal of firearms and ammunition excise tax.--Part III
of subchapter D of chapter 32 of such Code is hereby repealed.
(3) Section 6103(i)(8)(A)(i) of such Code (26 U.S.C.
6103(i)(8)(A)) is amended by striking ``the Bureau of Alcohol,
Tobacco, Firearms, and Explosives'' and all that follows
through ``Department of the Treasury'' and inserting ``or the
Department of Justice''.
(m) Amendments Relating to Title 28, United States Code.--
(1) Each of the following provisions of law is amended by
striking ``Bureau of Alcohol, Tobacco, Firearms and
Explosives,'' each place it appears and inserting ``Department
of Justice'':
(A) Section 530C(b)(2) of title 28, United States
Code.
(B) Section 207 of division B of the Consolidated
and Further Continuing Appropriations Act, 2013 (28
U.S.C. 533 note).
(C) Section 207 of division B of the Consolidated
and Further Continuing Appropriations Act, 2012 (28
U.S.C. 533 note).
(D) Section 207 of division B of the Consolidated
Appropriations Act, 2010 (28 U.S.C. 533 note).
(E) Section 207 of division B of the Omnibus
Appropriations Act, 2009 (28 U.S.C. 533 note).
(F) Section 207 of division B of the Consolidated
Appropriations Act, 2008 (28 U.S.C. 533 note).
(G) Section 107 of title I of the Consolidated and
Further Continuing Appropriations Act, 2013 (28 U.S.C.
533 note).
(H) Section 116 of title I of the Science, State,
Justice, Commerce, and Related Agencies Appropriations
Act, 2006 (28 U.S.C. 533 note).
(2) Section 1151(c) of title XI of the Consolidated and
Further Continuing Appropriations Act, 2013 (28 U.S.C. 533
note) is amended--
(A) by striking ``Bureau of Alcohol, Tobacco,
Firearms and Explosives,'' each place it appears and
inserting ``Department of Justice''; and
(B) by striking ``Bureau on'' and inserting
``Department on''.
(3)(A) Section 599B of title 28, United States Code, is
repealed.
(B) The section analysis for chapter 40A of such title is
amended by striking the item relating to section 599B.
(4) Section 2006(2) of title 28, United States Code, is
amended by striking ``, the Director, Bureau of Alcohol,
Tobacco, Firearms, and Explosives, Department of Justice,''.
(n) 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
Department of Justice'';
(ii) in subsection (a), by striking ``and the Tax
and Trade Bureau'' and all that follows though
``Department of Justice of the Department of the
Treasury'' and inserting ``and so much of the
Department of Justice as relates to the administration
and enforcement of provisions transferred under the
Brian A. Terry Memorial Eliminate the ATF Act''; and
(iii) in subsection (b)--
(I) in each of paragraphs (1), (2), and
(3), by striking ``either Bureau'' and
inserting ``the Department''; 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
Department of Justice''.
(B) The section analysis for chapter 7 of such title is
amended by striking the item relating to section 713 and
inserting the following:
``713. Audit of Internal Revenue Service and Department of Justice.''.
(2) Section 1344(b)(6) of such title is amended by striking
``Director of the Bureau of Alcohol, Tobacco, Firearms and
Explosives''.
(o) Amendments Relating to Title 34, United States Code.--
(1) Amendment to the 21\st\ century cures act.--Section
14003(a)(1)(B)(ii) of division B of the 21\st\ Century Cures
Act (34 U.S.C. 10471 note) is amended by inserting ``, as in
effect before the abolishment date (as defined in section
102(b)(1) of the Brian A. Terry Memorial Eliminate the ATF
Act)'' before the semicolon.
(2) Amendments to the james guelff and chris mccurley body
armor act of 2002.--Section 11009 of the James Guelff and Chris
McCurley Body Armor Act of 2002 (34 U.S.C. 10534) is amended--
(A) in subsection (d)(1), by striking ``924(c)''
and inserting ``924(b)''; and
(B) in subsection (e)(4)(B), by striking clause (i)
and redesignating clauses (ii) and (iii) as clauses (i)
and (ii), respectively.
(3) Amendment to the juvenile justice and delinquency
prevention act of 1974.--Section 223(a)(11)(A)(i) of the
Juvenile Justice and Delinquency Prevention Act of 1974 (34
U.S.C. 11133(a)(11)(A)(i)(I)) is amended by striking subclause
(I) and redesignating subclauses (II) and (III) as subclauses
(I) and (II), respectively.
(4) Amendments to the violent crime control and law
enforcement act of 1994.--
(A) Section 32401(a)(3)(B) of the Violent Crime
Control and Law Enforcement Act of 1994 (34 U.S.C.
12281(a)(3)(B)) is amended by striking ``Bureau of
Alcohol, Tobacco, Firearms, and Explosives, Department
of Justice for salaries, expenses, and associated
administrative costs for operating and overseeing such
projects'' and inserting ``the trust fund established
under section 201 of the Brian A. Terry Memorial
Eliminate the ATF Act for use in accordance with such
section''.
(B) Section 180102(b)(2) of such Act (34 U.S.C.
12541(b)(2)) is amended by striking ``Bureau of
Alcohol, Tobacco, and Firearms,''.
(5) Amendments to the crime identification technology act
of 1998.--Section 102(b) of the Crime Identification Technology
Act of 1998 (34 U.S.C. 40301(b)) is amended by striking
paragraphs (6) and (8) and redesignating paragraphs (7) and (9)
through (18) as paragraphs (6) through (16), respectively.
(6) Amendments to the brady handgun violence prevention
act.--
(A) Section 103 of the Brady Handgun Violence
Prevention Act (34 U.S.C. 40901) is hereby repealed.
(B) Section 106 of such Act (34 U.S.C. 40302) is
amended by striking subsection (b).
(7) Repeal of the nics improvement amendments act of
2007.--The NICS Improvement Amendments Act of 2007 (34 U.S.C.
40911-40941) is hereby repealed.
(8) Amendments to the violence against women and department
of justice reauthorization act of 2005.--
(A) Section 1106(a)(1) of the Violence Against
Women and Department of Justice Reauthorization Act of
2005 (34 U.S.C. 41506(a)(1)) is amended by striking
``the Bureau of Alcohol, Tobacco, Firearms, and
Explosives,''.
(B) Section 1107(a) of such Act (34 U.S.C.
41507(a)) is amended by striking paragraph (2) and
redesignating paragraphs (3) through (13) as paragraphs
(2) through (12), respectively.
(9) Amendment to the justice assistance act of 1984.--
Section 609N(2) of the Justice Assistance Act of 1984 (34
U.S.C. 50102(2)) is amended--
(A) by adding ``and'' at the end of subparagraph
(L); and
(B) by striking subparagraph (M) and redesignating
subparagraph (N) as subparagraph (M).
(10) Amendment to the interstate transportation of
dangerous criminals act of 2000.--Section 3(1) of the
Interstate Transportation of Dangerous Criminals Act of 2000
(34 U.S.C. 60102(1)) is amended by striking ``924(c)(3)'' and
inserting ``924(b)(3)''.
(11) Amendment to the project safe neighborhoods grant
program authorization act of 2018.--Section 2(1) of the Project
Safe Neighborhoods Grant Program Authorization Act of 2018 (34
U.S.C. 60701(1)) is amended by striking ``922 or''.
(p) Amendments to Title 36, United States Code.--
(1) Section 40723 of title 36, United States Code, is
amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``(1)'';
(II) by striking ``(A)'' and
inserting ``(1)'';
(III) by adding ``and'' after the
1st semicolon;
(IV) by striking subparagraph (B);
and
(V) by striking ``(C)'' and
inserting ``(2)''; and
(ii) by striking paragraph (2); and
(B) in subsection (b), by striking ``--'' and all
that follows and inserting ``has been convicted of a
felony.''.
(2) Section 40728B(c) of such title is amended by striking
``--'' and all that follows through ``(2)''.
(3) Section 40732(c)(2) of such title is amended by
striking ``--'' and all that follows and inserting ``a
felony.''.
(q) Amendments Relating to Title 42, United States Code.--Section
161A of the Atomic Energy Act of 1954 (42 U.S.C. 2201a) is amended--
(1) in subsection (a), by inserting ``, as in effect before
the abolishment date (as defined in section 102(b)(1) of the
Brian A. Terry Memorial Eliminate the ATF Act)'' before the
period;
(2) in subsection (b), by striking ``subsections (a)(4),
(a)(5), (b)(2), (b)(4), and (o) of section 922 of title 18,
section 925(d)(3) of title 18, section 5844 of the Internal
Revenue Code of 1986, and''; and
(3) by striking subsection (c) and redesignating subsection
(d) as subsection (c).
(r) Amendment to Title 44, United States Code.--Section
3903(c)(2)(A)(i)(III) of title 44, United States Code, is amended by
striking ``, including'' and all that follows through ``violence''.
(s) Amendments Relating to Title 49, United States Code.--
(1) Section 363(b) of the FAA Reauthorization Act of 2018
(49 U.S.C. 44802 note) is amended by inserting ``, as in effect
before the abolishment date (as defined in section 102(b)(1) of
the Brian A. Terry Memorial Eliminate the ATF Act)'' before the
period.
(2) Section 80304(d) of title 49, United States Code, is
amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and
Explosives,''.
(t) Effective Date.--The repeals and amendments made by this
section shall take effect on the abolishment date.
(u) Report to the Congress on Other Amendments to Federal
Statute.--The Attorney General shall submit to the relevant Committees
a written report that contains suggestions for such other amendments to
Federal statutes as may be necessary or appropriate as a result of this
title.
TITLE II--TRUST FUND AND GRANT PROGRAMS
SEC. 201. BORDER PATROL AGENT KILLED IN ACTION TRUST FUND.
(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the ``Border Patrol
Agent Killed in Action Trust Fund'' consisting of amounts transferred
under subsection (b).
(b) Transfers to Trust Fund.--
(1) The Director of the Bureau of Alcohol, Tobacco,
Firearms and Explosives shall transfer to the Trust Fund all
proceeds from the sales made under section 101(d)(2).
(2) The amounts that, in the absence of this Act would be
allocated under section 32401(a)(3)(B) of the Violent Crime
Control and Law Enforcement Act of 1994, as in effect just
before the abolishment date (as defined in section 102(b)(1) of
this Act), shall be transferred to the Trust Fund.
(c) Use of Trust Fund.--Amounts in the Trust Fund shall be made
available to the Commissioner, without further appropriation, to--
(1) carry out section 202 until January 1, 2032; and
(2) carry out section 203 beginning on January 2, 2032.
(d) Prohibition.--Amounts in the Trust Fund may not be used to
carry out any statute, regulation, or any executive action relating to
restrictions on firearms.
SEC. 202. GRANTS TO FAMILIES OF BORDER PATROL AGENT KILLED IN THE LINE
OF DUTY.
(a) In General.--The Commissioner shall establish a program
(referred to in this section as the ``Program'') to award grants to
eligible recipients described in subsection (b).
(b) Eligible Recipient.--An eligible recipient is the surviving
spouse, child, or parent of a Border Patrol agent killed in the line of
duty on or after December 1, 2009.
(c) Grants.--The Commissioner shall award grants to carry out the
Program.
(d) Grant Amount.--The amount of a grant under the Program may not
exceed $150,000.
(e) Application.--To be eligible to receive a grant under the
Program, an eligible recipient shall submit to the Commissioner an
application in such form, at such time, and containing such information
as the Commissioner may require.
SEC. 203. FIREARM SAFETY PROGRAM.
(a) Grant Program.--The Commissioner shall establish a program (in
this section referred to as the ``Firearm Safety Program'') to commence
on January 2, 2032, to award grants to States for the purpose of
establishing firearm safety programs in such States.
(b) Grants.--The Commissioner may award grants to carry out the
purpose described in subsection (a).
(c) Application.--To be eligible to receive a grant under the
Firearm Safety Program, the State shall submit to the Commissioner an
application in such form, at such time, and containing such information
as the Commissioner may require.
(d) Grant Amount.--
(1) In general.--The amount of a grant under the Firearm
Safety Program may not exceed $14,000,000.
(2) Apportionment.--The amount of a grant awarded to each
State under the Firearm Safety Program shall be apportioned by
the number of licensed dealers in each such State.
SEC. 204. DEFINITIONS.
In this title:
(1) Border patrol agent.--The term ``Border Patrol agent''
has the meaning given the term in section 5550(a)(2) of title
5, United States Code.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(3) Firearm.--The term ``firearm'' has the meaning given
the term in section 921(a)(3) of title 18, United States Code.
(4) Licensed dealer.--The term ``licensed dealer'' has the
meaning given the term in section 921(a)(11) of title 18,
United States Code.
(5) State.--The term ``State'' has the meaning given the
term in section 311 of title 5, United States Code.
(6) Trust fund.--The term ``Trust Fund'' means the Border
Patrol Agent Killed in Action Trust Fund established in section
201(a).
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