,,ii  #aahth ,,congress  #ast ,session  
,s4 #cebi  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #ad1 
#bjbc,mr4 ,braun 7for himself1 ,mr4     
,barrasso1 ,mr4 ,cramer1 ,mr4 ,crapo1   
,mr4 ,daines1 ,mr4 ,hawley1 ,mrs4       
,hyde-,smith1 ,mr4 ,lankford1 ,ms4      
,lummis1 ,mr4 ,marshall1 ,mr4 ,risch1   
,mr4 ,scott of ,florida1 ,mr4 ,lee1 ,mr4
 ,hoeven1 and ,mr4 ,mullin7 introduced  
the following bill2 which was read twice
 and referred to the ,committee on the  
,judiciary  ,a ,,bill  ,to provide      
procedures for appealing certain ,bureau
 of ,alcohol1 ,tobacco1 ,firearms and   
,explosives rulings or determinations1  
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,,atf ,accountability ,act of #bjbc4    
#b4 ,procedures for appealing certain   
,bureau of ,alcohol1 ,tobacco1 ,firearms
 and ,explosives rulings or             
determinations  7a7 ,in general ,section
 #ibc of title #ah1 ,united ,states     
,code1 is amended by adding at the end  

the following3  7m7 7#a7 ,not later than
 #ij days after the ,attorney ,general  
receives from a licensed manufacturer1  
licensed importer1 or licensed dealer a 
product classification request or a     
written question regarding any          
regulatory matter1 including the legal  
status or classification of a product1  
or a recordkeeping practice under any   
law administered1 in whole or in part1  
by the ,bureau of ,alcohol1 ,tobacco1   
,firearms and ,explosives1 the ,attorney
 ,general shall make a ruling or        
determination in writing on the request 
or question1 and transmit the ruling or 
determination to the licensee4  7#b7    
7,a7 ,not later than #cj days after     
receipt of a copy of a ruling or        
determination under paragraph 7#a71 a   
licensee may appeal the ruling or       
determination 7or a cease and desist    
letter7 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     
determination1 which shall include a    
statement of the reasons for the appeal 
and the relief requested4  7,b7 ,not    
later than #cj days after receipt of an 
appeal under subparagraph 7,a71 a       
,director of ,industry ,operations shall
 render a decision on the appeal in     
writing and transmit a copy of the      
decision to the licensee1 at which point
 the licensee may request a hearing     
pursuant to paragraph 7#c74  7#c7 7,a7  
,not later than#ad days after receipt   
from a licensee of a request under      
paragraph 7#b77;,b7 for an appeal to be 
determined on the record after          
opportunity for a hearing1 a ,director  
of ,industry ,operations shall refer the
 request to an administrative law judge 
who shall-- 7i7 set a time and place for
 a hearing on the appeal at a location  
convenient to the licensee2 and  7ii7   
not later than #aj days before the date 
set for the hearing1 serve on the       

licensee and the ,director of ,industry 
,operations a notice of the hearing4    
7,b7 ,a hearing under subparagraph 7,a7 
shall be conducted in accordance with   
the hearing procedures prescribed in    
subsections 7b7 through 7e7 of section  
#eef and section #eeg7;d7 of title #e4  
7,c7 ,within a reasonable time1 and as  
expeditiously as possible1 after the    
conclusion of a hearing under           
subparagraph 7,a71 the administrative   
law judge shall-- 7i7 render a decision 
on the appeal1 which shall consist of-- 
7,i7 a brief statement of the issues of 
fact involved in the proceeding2  7,,ii7
 the findings and conclusions of the    
administrative law judge1 and the       
reasons or basis therefor with record   
references1 on all material issues of   
fact1 law1 or discretion presented on   
the record2 and  7,,iii7 the decision of
 the administrative law judge to reverse
 or affirm the ruling or determination  
involved2  7ii7 certify the complete    
record of the proceeding2  7iii7 forward

 the complete certified record and a    
copy of the decision to the ,director of
 ,industry ,operations2  7iv7 serve a   
copy of the decision on the licensee or 
counsel for the licensee2 and  7v7      
transmit a copy of the decision to the  
attorney representing the ,united       
,states in the proceeding4  7#d7 ,the   
decision of the administrative law judge
 or the ,director of ,industry          
,operations1 or the ruling of another   
officer or employee of the ,bureau of   
,alcohol1 ,tobacco1 ,firearms and       
,explosives1 as the case may be1        
pursuant to this subsection shall-- 7,a7
 constitute final agency action2  7,b7  
be subject to judicial review under     
chapter #g of title #e2 and  7,c7 be    
binding on the ,united ,states and the  
licensee4  4  7b7 ,applicability  7#a7  
,in general ,the amendment made by      
subsection 7a7 shall apply with respect 
to rulings and determinations made      
before1 on1 or after the date of        
enactment of this ,act4  7#b7 ,deadline 

for appeal of prior rulings and         
determinations ,for purposes of a ruling
 or determination made before the date  
of enactment of this ,act1 a licensee   
may appeal the ruling or determination  
7or a cease and desist letter7 in the   
manner described in paragraph 7#b77;,a7 
of section #ibc7m7 of title #ah1 ,united
 ,states ,code1 as added by subsection  
7a71 on or before the date that is #a   
year after the date of enactment of this
 ,act4