ATF Elimination Act - Rescinds the hiring authority of the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Requires the Director, the Director of the Federal Bureau of Investigation (FBI), and the Administrator of the Drug Enforcement Administration (DEA) to jointly develop and submit a plan for winding up the affairs of ATF that, without compromising core functions, eliminates and reduces duplicative, unnecessary functions or waste.
Requires the Director of the FBI to transmit to the Administrator of the General Services Administration (GSA) a report that specifies the property to be transferred to the FBI pursuant to this Act that the Director has determined will not be needed by the FBI.
Abolishes ATF.
Transfers ATF functions relating to the investigation and enforcement of: (1) criminal and regulatory violations of the federal firearms, explosives, and arson laws, and the investigation of violent crime and domestic terrorism to the Attorney General, who shall delegate them to the FBI; and (2) criminal and regulatory violations of the federal alcohol and tobacco smuggling laws to the Attorney General, who shall delegate them to the DEA.
Transfers: (1) the contracts, liabilities, records, property, and other assets and interests associated with such transferred functions to the Attorney General for appropriate allocation; and (2) personnel employed in connection with the transferred functions to the Attorney General.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5522 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5522
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
September 17, 2014
Mr. Sensenbrenner (for himself, Mr. Stockman, and Mr. Ribble)
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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