Clean Hands Firearm Procurement Act

#2192 | S Congress #119

Subjects:

Last Action: Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S3564) (6/26/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "Clean Hands Firearm Procurement Act" is a proposed piece of legislation aimed at improving accountability among federally licensed firearms dealers. It requires the Attorney General, through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), to publish a list of firearm dealers who have a high number of "short time-to-crime" traces, indicating that firearms sold by these dealers are frequently used in crimes shortly after their sale.

Under this act, federal agencies would be prohibited from entering into contracts with any dealer listed as a "covered firearms dealer" for the current year or the previous two years. However, there is a waiver provision that allows the Secretary of Defense or Homeland Security to request an exemption from this prohibition for national security reasons, with the Attorney General required to notify congressional leaders of any granted waivers.

The act defines key terms, including what constitutes a "covered firearms dealer" and "time-to-crime," enhancing clarity and ensuring that the legislation targets dealers with significant concerns regarding the misuse of firearms. The aim of the act is to prevent federal partnerships with dealers that may contribute to gun violence through irresponsible sales practices.

Possible Impacts

Here are three examples of how the "Clean Hands Firearm Procurement Act" could affect people:

1. **Increased Accountability for Firearms Dealers**: The legislation requires the Attorney General to publish a list of firearms dealers with a high number of short time-to-crime firearm traces. This could lead to increased accountability for those dealers, as they would face public scrutiny. Customers may be more cautious about purchasing firearms from dealers on this list, potentially affecting their business and sales volume.

2. **Impact on Federal Procurement Practices**: Federal agencies are prohibited from contracting with firearms dealers listed as "covered firearms dealers." This could affect the availability of firearms and related services for federal agencies, including law enforcement. As a result, agencies may need to seek alternative suppliers, potentially leading to delays or complications in acquiring necessary equipment for their operations.

3. **Potential National Security Implications**: The legislation includes a waiver provision that allows the Secretary of Defense or Secretary of Homeland Security to bypass the prohibition on contracting with covered firearms dealers if it pertains to national security. This could create a situation where certain firearms dealers, despite having a concerning track record, are still able to engage in business with federal agencies if deemed necessary. This might raise public concerns about the standards for firearms procurement and oversight in sensitive national security contexts.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2192 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 2192

 To require the Attorney General to make publicly available a list of 
 federally licensed firearms dealers with a high number of short time-
   to-crime firearm traces, and to prohibit Federal departments and 
              agencies from contracting with such dealers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 26 (legislative day, June 24), 2025

 Mr. Padilla (for himself, Mr. Durbin, Mr. Blumenthal, Mr. Booker, Mr. 
Schiff, Mr. Murphy, Ms. Warren, Mr. Kim, and Ms. Duckworth) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To require the Attorney General to make publicly available a list of 
 federally licensed firearms dealers with a high number of short time-
   to-crime firearm traces, and to prohibit Federal departments and 
              agencies from contracting with such dealers.

    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 ``Clean Hands Firearm Procurement 
Act''.

SEC. 2. FEDERAL GUN TRACING NOTIFICATIONS.

    Not later than 120 days after the date of enactment of this Act, 
and annually thereafter, the Attorney General, acting through the 
Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
shall publish or make publicly available a list of covered firearms 
dealers.

SEC. 3. PROHIBITION ON FEDERAL CONTRACTS WITH CERTAIN FEDERAL FIREARMS 
              DEALERS.

    (a) Prohibition.--A Federal agency may not enter into a contract 
with a licensed dealer that has been listed as a covered firearms 
dealer during the current calendar year or either of the preceding 2 
calendar years.
    (b) Waiver Authority.--
            (1) In general.--Upon a request by the Secretary of Defense 
        or the Secretary of Homeland Security, the Attorney General may 
        waive the applicability of subsection (a) to a contract, to 
        protect the national security of the United States.
            (2) Notice.--The Attorney General shall immediately notify 
        the Chair and Ranking Minority Member of the Committee on the 
        Judiciary of the House of Representatives and the Chair and 
        Ranking Minority Member of the Committee on the Judiciary of 
        the Senate of any waiver granted under paragraph (1). Notice 
        under this paragraph may be submitted in classified form.
    (c) Effective Date.--This section shall take effect 180 days after 
the date of enactment of this Act.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Covered firearms dealer.--The term ``covered firearms 
        dealer'' means a licensed dealer with respect to whom, during 
        not less than 2 of the 3 calendar years before the publication 
        of the applicable list under section 2, the National Tracing 
        Center of the Bureau of Alcohol, Tobacco, Firearms, and 
        Explosives has traced to the firearms business of the licensed 
        dealer not less than 25 firearms with a time-to-crime of not 
        more than 3 years.
            (2) Federal agency.--The term ``Federal agency'' means a 
        department, agency, office, or other establishment in the 
        executive, legislative, or judicial branch of the Government of 
        the United States.
            (3) Firearm.--The term ``firearm'' has the meaning given 
        that term in section 921(a) of title 18, United States Code.
            (4) Licensed dealer.--The term ``licensed dealer'' has the 
        meaning given that term in section 921(a) of title 18, United 
        States Code.
            (5) Time-to-crime.--The term ``time-to-crime'' means, with 
        respect to a firearm, the period between the date of the last 
        known retail sale of the firearm and the date a law enforcement 
        agency recovers the firearm as a result of an actual or 
        suspected purchase, use, or possession of the firearm in, or 
        that constitutes, a crime.
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