[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 118 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                 S. 118

   To remove obstacles to the ability of law enforcement officers to 
            enforce gun safety laws, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 26, 2023

Mr. Van Hollen introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To remove obstacles to the ability of law enforcement officers to 
            enforce gun safety laws, and for other purposes.

    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 Improvement and Modernization 
Act of 2023'' or the ``AIM Act of 2023''.

SEC. 2. ELIMINATION OF LIMITATIONS RELATING TO FIREARMS TRACE DATA.

    (a) Tiahrt Amendments.--
            (1) Fiscal year 2012.--The matter under the heading 
        ``salaries and expenses'' under the heading ``Bureau of 
        Alcohol, Tobacco, Firearms and Explosives'' in title II of 
        division B of the Consolidated and Further Continuing 
        Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-
        55; 125 Stat. 609) is amended by striking the sixth proviso.
            (2) Fiscal year 2010.--The sixth proviso under the heading 
        ``salaries and expenses'' under the heading ``Bureau of 
        Alcohol, Tobacco, Firearms and Explosives'' in title II of 
        division B of the Consolidated Appropriations Act, 2010 (18 
        U.S.C. 923 note; Public Law 111-117; 123 Stat. 3128) is amended 
        by striking ``beginning in fiscal year 2010 and thereafter'' 
        and inserting ``in fiscal year 2010''.
            (3) Fiscal year 2009.--The sixth proviso under the heading 
        ``salaries and expenses'' under the heading ``Bureau of 
        Alcohol, Tobacco, Firearms and Explosives'' in title II of 
        division B of the Omnibus Appropriations Act, 2009 (18 U.S.C. 
        923 note; Public Law 111-8; 123 Stat. 575) is amended by 
        striking ``beginning in fiscal year 2009 and thereafter'' and 
        inserting ``in fiscal year 2009''.
            (4) Fiscal year 2008.--The sixth proviso under the heading 
        ``salaries and expenses'' under the heading ``Bureau of 
        Alcohol, Tobacco, Firearms and Explosives'' in title II of 
        division B of the Consolidated Appropriations Act, 2008 (18 
        U.S.C. 923 note; Public Law 110-161; 121 Stat. 1903) is amended 
        by striking ``beginning in fiscal year 2008 and thereafter'' 
        and inserting ``in fiscal year 2008''.
            (5) Fiscal year 2006.--The sixth proviso under the heading 
        ``salaries and expenses'' under the heading ``Bureau of 
        Alcohol, Tobacco, Firearms and Explosives'' in title I of the 
        Science, State, Justice, Commerce, and Related Agencies 
        Appropriations Act, 2006 (18 U.S.C. 923 note; Public Law 109-
        108; 119 Stat. 2295) is amended by striking ``under this or any 
        other Act with respect to any fiscal year'' and inserting 
        ``under this Act''.
            (6) Fiscal year 2005.--The sixth proviso under the heading 
        ``salaries and expenses'' under the heading ``Bureau of 
        Alcohol, Tobacco, Firearms and Explosives'' in title I of 
        division B of the Consolidated Appropriations Act, 2005 (18 
        U.S.C. 923 note; Public Law 108-447; 118 Stat. 2859) is amended 
        by striking ``under this or any other Act with respect to any 
        fiscal year'' and inserting ``under this Act''.
    (b) Prohibition on Use of Firearms Trace Data To Draw Broad 
Conclusions About Firearms-Related Crime.--Section 514 of division B of 
the Consolidated and Further Continuing Appropriations Act, 2013 (18 
U.S.C. 923 note; Public Law 113-6; 127 Stat. 271) is repealed.

SEC. 3. ELIMINATION OF PROHIBITION ON CONSOLIDATION OR CENTRALIZATION 
              IN THE DEPARTMENT OF JUSTICE OF FIREARMS ACQUISITION AND 
              DISPOSITION RECORDS MAINTAINED BY FEDERAL FIREARMS 
              LICENSEES.

    The matter under the heading ``salaries and expenses'' under the 
heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' in 
title II of division B of the Consolidated and Further Continuing 
Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 
Stat. 609) is amended by striking the first proviso.

SEC. 4. ELIMINATION OF PROHIBITION ON IMPOSITION OF REQUIREMENT THAT 
              FIREARMS DEALERS CONDUCT PHYSICAL CHECK OF FIREARMS 
              INVENTORY.

    (a) Fiscal Year 2013.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title II of division B of the Consolidated and Further 
Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 
113-6; 127 Stat. 247) is amended by striking the fifth proviso.
    (b) Fiscal Year 2012.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title II of division B of the Consolidated and Further 
Continuing Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 609) 
is amended by striking ``: Provided further, That no funds made 
available by this or any other Act shall be expended to promulgate or 
implement any rule requiring a physical inventory of any business 
licensed under section 923 of title 18, United States Code''.
    (c) Fiscal Year 2010.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title II of division B of the Consolidated and Further 
Continuing Appropriations Act, 2010 (Public Law 111-117; 123 Stat. 
3128) is amended by striking the seventh proviso.
    (d) Fiscal Year 2009.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title II of division B of the Omnibus Appropriations 
Act, 2009 (Public Law 111-8; 123 Stat. 574) is amended by striking the 
seventh proviso.
    (e) Fiscal Year 2008.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title II of division B of the Consolidated 
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 1903) is 
amended by striking the seventh proviso.
    (f) Fiscal Year 2006.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title I of the Science, State, Justice, Commerce, and 
Related Agencies Appropriations Act, 2006 (Public Law 109-108; 119 
Stat. 2295) is amended by striking the seventh proviso.
    (g) Fiscal Year 2005.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title I of division B of the Consolidated 
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2859) is 
amended by striking the seventh proviso.
    (h) Fiscal Year 2004.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title I of division B of the Consolidated 
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 52) is amended 
by striking the seventh proviso.

SEC. 5. ELIMINATION OF REQUIREMENT THAT INSTANT CHECK RECORDS BE 
              DESTROYED WITHIN 24 HOURS.

    (a) Fiscal Year 2012.--Section 511 of division B of the 
Consolidated and Further Continuing Appropriations Act, 2012 (34 U.S.C. 
40901 note; Public Law 112-55; 125 Stat. 632) is amended--
            (1) by striking ``--'' and all that follows through 
        ``(1)''; and
            (2) by striking the semicolon and all that follows and 
        inserting a period.
    (b) Fiscal Year 2010.--Section 511 of division B of the 
Consolidated Appropriations Act, 2010 (Public Law 111-117; 123 Stat. 
3151) is amended--
            (1) by striking ``--'' and all that follows through 
        ``(1)''; and
            (2) by striking the semicolon and all that follows and 
        inserting a period.
    (c) Fiscal Year 2009.--Section 511 of division B of the Omnibus 
Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 596) is amended--
            (1) by striking ``--'' and all that follows through 
        ``(1)''; and
            (2) by striking the semicolon and all that follows and 
        inserting a period.
    (d) Fiscal Year 2008.--Section 512 of division B of the 
Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 
1926) is amended--
            (1) by striking ``--'' and all that follows through 
        ``(1)''; and
            (2) by striking the semicolon and all that follows and 
        inserting a period.
    (e) Fiscal Year 2006.--Section 611 of the Science, State, Justice, 
Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 
119-108; 119 Stat. 2336) is amended--
            (1) by striking ``--'' and all that follows through 
        ``(1)''; and
            (2) by striking the semicolon and all that follows and 
        inserting a period.
    (f) Fiscal Year 2005.--Section 615 of division B of the 
Consolidated Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 
2915) is amended--
            (1) by striking ``--'' and all that follows through 
        ``(1)''; and
            (2) by striking the semicolon and all that follows and 
        inserting a period.
    (g) Fiscal Year 2004.--Section 617 of division B of the 
Consolidated Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 
95) is amended--
            (1) by striking ``(a)'';
            (2) by striking ``--'' and all that follows through 
        ``(1)''; and
            (3) by striking the semicolon and all that follows and 
        inserting a period.

SEC. 6. ELIMINATION OF PROHIBITION ON PROCESSING OF FREEDOM OF 
              INFORMATION ACT REQUESTS ABOUT ARSON OR EXPLOSIVES 
              INCIDENTS OR FIREARM TRACES.

    Section 644 of division J of the Consolidated Appropriations 
Resolution, 2003 (5 U.S.C. 552 note; Public Law 108-7; 117 Stat. 473) 
is repealed.

SEC. 7. ELIMINATION OF PROHIBITIONS RELATING TO ``CURIOS OR RELICS'' 
              AND IMPORTATION OF SURPLUS MILITARY FIREARMS.

    (a) Fiscal Year 2023.--Section 535 of division B of the 
Consolidated Appropriations Act, 2023 (Public Law 117-328) is repealed.
    (b) Fiscal Year 2022.--Section 536 of division B of the 
Consolidated Appropriations Act, 2022 (Public Law 117-103; 136 Stat. 
152) is repealed.
    (c) Fiscal Year 2020.--Section 538 of division B of the 
Consolidated Appropriations Act, 2020 (Public Law 116-93; 133 Stat. 
2433) is repealed.
    (d) Fiscal Year 2019.--Section 517 of division C of the 
Consolidated Appropriations Act, 2019 (Public Law 116-6; 133 Stat. 133) 
is repealed.
    (e) Fiscal Year 2013.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title II of division B of the Consolidated and Further 
Continuing Appropriations Act, 2013 (18 U.S.C. 921 note; Public Law 
113-6; 127 Stat. 247) is amended by striking the first proviso.

SEC. 8. ELIMINATION OF PROHIBITION ON DENIAL OF FEDERAL FIREARMS 
              LICENSE DUE TO LACK OF BUSINESS ACTIVITY.

    (a) Fiscal Year 2013.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title II of division B of the Consolidated and Further 
Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 
113-6; 127 Stat. 247) is amended by striking ``: Provided further, 
That, in the current fiscal year and any fiscal year thereafter, no 
funds authorized or made available under this or any other Act may be 
used to deny any application for a license'' and all that follows 
through ``Internal Revenue Code of 1986''.
    (b) Fiscal Year 2012.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title II of division B of the Consolidated and Further 
Continuing Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 609) 
is amended by striking ``: Provided further, That no funds authorized 
or made available under this or any other Act may be used to deny any 
application for a license'' and all that follows through ``Internal 
Revenue Code of 1986''.
    (c) Fiscal Year 2010.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title II of division B of the Consolidated and Further 
Continuing Appropriations Act, 2010 (Public Law 111-117; 123 Stat. 
3128) is amended by striking ``: Provided further, That no funds 
authorized or made available under this or any other Act may be used to 
deny any application for a license'' and all that follows through 
``Internal Revenue Code of 1986''.
    (d) Fiscal Year 2009.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title II of division B of the Omnibus Appropriations 
Act, 2009 (Public Law 111-8; 123 Stat. 574) is amended by striking ``: 
Provided further, That no funds authorized or made available under this 
or any other Act may be used to deny any application for a license'' 
and all that follows through ``Internal Revenue Code of 1986''.
    (e) Fiscal Year 2008.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title II of division B of the Consolidated 
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 1903) is 
amended by striking ``: Provided further, That no funds authorized or 
made available under this or any other Act may be used to deny any 
application for a license'' and all that follows through ``Internal 
Revenue Code of 1986''.
    (f) Fiscal Year 2006.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title I of the Science, State, Justice, Commerce, and 
Related Agencies Appropriations Act, 2006 (Public Law 109-108; 119 
Stat. 2295) is amended by striking ``: Provided further, That no funds 
authorized or made available under this or any other Act may be used to 
deny any application for a license'' and all that follows through 
``Internal Revenue Code of 1986''.
    (g) Fiscal Year 2005.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title I of division B of the Consolidated 
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2859) is 
amended by striking ``: Provided further, That no funds authorized or 
made available under this or any other Act may be used to deny any 
application for a license'' and all that follows through ``Internal 
Revenue Code of 1986''.

SEC. 9. ELIMINATION OF PROHIBITION ON THE TRANSFER OF THE FUNCTIONS, 
              MISSIONS, OR ACTIVITIES OF THE BUREAU OF ALCOHOL, 
              TOBACCO, FIREARMS AND EXPLOSIVES TO OTHER AGENCIES OR 
              DEPARTMENTS.

    (a) Fiscal Year 2023.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title II of division B of the Consolidated 
Appropriations Act, 2023 (Public Law 117-328) is amended by striking 
the third proviso.
    (b) Fiscal Year 2022.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title II of division B of the Consolidated 
Appropriations Act, 2022 (Public Law 117-103; 136 Stat. 118) is amended 
by striking the third proviso.
    (c) Fiscal Year 2020.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title II of division B of the Consolidated 
Appropriations Act, 2020 (Public Law 116-93; 133 Stat. 2402) is amended 
by striking the third proviso.
    (d) Fiscal Year 2019.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title II of division C of the Consolidated 
Appropriations Act, 2019 (Public Law 116-6; 133 Stat. 107) is amended 
by striking the third proviso.
    (e) Fiscal Year 2018.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title II of division B of the Consolidated 
Appropriations Act, 2018 (Public Law 115-141; 132 Stat. 415) is amended 
by striking the third proviso.
    (f) Fiscal Year 2017.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title II of division B of the Consolidated 
Appropriations Act, 2017 (Public Law 115-31; 131 Stat. 198) is amended 
by striking the third proviso.
    (g) Fiscal Year 2016.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title II of division B of the Consolidated 
Appropriations Act, 2016 (Public Law 114-113; 129 Stat. 2301) is 
amended by striking the third proviso.
    (h) Fiscal Year 2015.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title II of division B of the Consolidated and Further 
Continuing Appropriations Act, 2015 (Public Law 113-235; 128 Stat. 
2187) is amended by striking the third proviso.
    (i) Fiscal Year 2014.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title II of division B of the Consolidated 
Appropriations Act, 2014 (Public Law 113-76; 128 Stat. 56) is amended 
by striking the third proviso.
    (j) Fiscal Year 2013.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title II of division B of the Consolidated and Further 
Continuing Appropriations Act, 2013 (Public Law 113-6; 127 Stat. 247) 
is amended by striking ``: Provided further, That no funds made 
available by this or any other Act may be used to transfer the 
functions, missions, or activities of the Bureau of Alcohol, Tobacco, 
Firearms and Explosives to other agencies or Departments''.
    (k) Fiscal Year 2012.--The matter under the heading ``salaries and 
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and 
Explosives'' in title II of division B of the Consolidated and Further 
Continuing Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 609) 
is amended by striking ``: Provided further, That no funds made 
available by this or any other Act may be used to transfer the 
functions, missions, or activities of the Bureau of Alcohol, Tobacco, 
Firearms and Explosives to other agencies or Departments''.

SEC. 10. ELIMINATION OF PROHIBITION ON SEARCHING COMPUTERIZED RECORDS 
              OF FEDERALLY LICENSED FIREARMS DEALERS WHO ARE OUT OF 
              BUSINESS.

    The matter under the heading ``salaries and expenses'' under the 
heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' in 
title II of division B of the Consolidated and Further Continuing 
Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 
Stat. 610) is amended by striking ``: Provided further, That, 
hereafter, no funds made available by this or any other Act may be used 
to electronically retrieve information gathered pursuant to 18 U.S.C. 
923(g)(4) by name or any personal identification code''.

SEC. 11. ELIMINATION OF PROHIBITION ON DENYING, OR FAILING TO ACT ON, 
              APPLICATION TO IMPORT CERTAIN SHOTGUN MODELS ON THE BASIS 
              THAT THE SHOTGUN WAS NOT PARTICULARLY SUITABLE FOR OR 
              READILY ADAPTABLE TO SPORTING PURPOSES.

    (a) Fiscal Year 2023.--Section 536 of division B of the 
Consolidated Appropriations Act, 2023 (Public Law 117-328) is repealed.
    (b) Fiscal Year 2022.--Section 537 of division B of the 
Consolidated Appropriations Act, 2022 (Public Law 117-103; 136 Stat. 
152) is repealed.
    (c) Fiscal Year 2020.--Section 539 of division B of the 
Consolidated Appropriations Act, 2020 (Public Law 116-93; 133 Stat. 
2433) is repealed.
    (d) Fiscal Year 2019.--Section 531 of division C of the 
Consolidated Appropriations Act, 2019 (Public Law 116-6; 133 Stat. 137) 
is repealed.

SEC. 12. ELIMINATION OF LIMITS ON FREQUENCY OF RECORD-KEEPING 
              INSPECTIONS OF INVENTORY AND RECORDS OF FEDERAL FIREARMS 
              LICENSEES.

    Section 923(g)(1)(B)(ii) of title 18, United States Code, is 
amended to read as follows:
            ``(ii) for ensuring compliance with the record-keeping 
        requirements of this chapter; or''.

SEC. 13. REVISING STANDARD FOR FEDERAL FIREARM LICENSE REVOCATION FROM 
              WILLFUL VIOLATION TO KNOWING VIOLATION.

    (a) In General.--Section 923(e) of title 18, United States Code, is 
amended by striking ``willfully'' each place the term appears and 
inserting ``knowingly''.
    (b) Technical Amendment.--The third sentence of section 923(e) of 
title 18, United States Code, is amended by striking ``Secretary's'' 
and inserting ``Attorney General's''.

SEC. 14. ELIMINATION OF DE NOVO REVIEW AND OF OPPORTUNITY TO RELY ON 
              EVIDENCE NOT PREVIOUSLY CONSIDERED.

    Section 923(f)(3) of title 18, United States Code, is amended--
            (1) in the second sentence, by striking ``de novo''; and
            (2) in the third sentence, by striking ``any evidence 
        submitted by the parties to the proceeding whether or not such 
        evidence'' and inserting ``only evidence that''.

SEC. 15. REVISING STANDARDS FOR ELIGIBILITY OF FEDERAL FIREARMS 
              LICENSEES.

    Section 923(d)(1) of title 18, United States Code, is amended by 
striking ``willfully'' each place the term appears and inserting 
``knowingly''.
                                 <all>