Clean Hands Firearm Procurement Act
- Bill Number
- H.R. 4198
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-06-26: Referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Government Reform, 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.
- Last Updated
- 2025-12-05T22:08:18Z
AI-Generated Summary
Purpose
The Clean Hands Firearm Procurement Act aims to increase transparency in federal firearms tracing data by requiring the public disclosure of licensed firearms dealers associated with a high volume of firearms quickly linked to crimes. It also seeks to restrict federal government contracts with these dealers to promote accountability and reduce the flow of firearms from problematic sources into criminal activities.
Key Provisions
- Public List Requirement: Within 120 days of enactment and annually thereafter, the Attorney General, through the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), must publish a list of "covered firearms dealers." These are licensed dealers traced by ATF's National Tracing Center to at least 25 firearms involved in crimes within three years of their last retail sale, occurring in at least two of the three prior calendar years. "Time-to-crime" refers to the period between a firearm's last known retail sale and its recovery by law enforcement in connection with a crime.
- Contract Prohibition: Starting 180 days after enactment, no federal agency (including those in the executive, legislative, or judicial branches) may enter contracts with a covered dealer if it appears on the list for the current year or the previous two years.
- Waiver Option: The Attorney General may waive the prohibition for specific contracts at the request of the Secretary of Defense or Secretary of Homeland Security if needed for national security. Waivers require immediate notification to the Judiciary Committees of both the House and Senate, which can be provided in classified form.
- Definitions: The bill defines key terms, such as "firearm" and "licensed dealer," by referencing existing federal law (18 U.S.C. § 921(a)), ensuring consistency with current regulations.
Significant Changes to Existing Law
This legislation introduces new obligations not previously mandated under federal firearms laws:
- It requires the proactive, public release of aggregated tracing data on specific dealers, building on the ATF's existing tracing system but making it more accessible and targeted.
- It adds a contractual penalty for federal agencies, linking firearms compliance directly to government procurement eligibility, which was not explicitly tied before.
- The waiver and notification processes create a structured exception mechanism, altering how national security considerations intersect with routine ATF oversight.
Potential Impacts
- On Government Agencies: Federal entities will face restrictions on procurement from certain dealers, potentially increasing administrative burdens for contract reviews and compliance checks. This could raise costs or limit options for purchasing firearms or related services, though waivers mitigate risks for defense and homeland security needs.
- On Citizens: Indirectly affects gun buyers and owners by pressuring dealers to improve sales practices (e.g., better background checks or record-keeping) to avoid listing, which might reduce the availability of firearms from high-risk sources. No direct impact on individual gun ownership rights.
- On International Relations: Minimal direct effects, though it could influence U.S. arms export or training programs if contractors are involved, potentially signaling stricter domestic firearms oversight to international partners.
Main Stakeholders Affected
- Federal Firearms Dealers: Particularly those with high tracing volumes, who risk losing federal business and may need to invest in compliance to avoid listing.
- ATF and Department of Justice: Responsible for compiling and publishing the list, increasing their workload and data management responsibilities.
- Federal Agencies: All executive branch departments (e.g., Defense, Homeland Security) and others that procure firearms, facing new contracting limits.
- Congress: Judiciary Committees receive waiver notifications, gaining oversight into national security exceptions.
- Law Enforcement and Public: Benefit from greater transparency on dealers linked to crime guns, potentially aiding crime prevention efforts.
Notable Legal, Constitutional, or Political Implications
- Legal: Relies on existing ATF tracing authority under the Gun Control Act of 1968, but expands its use for public accountability without creating new investigative powers. The prohibition treats dealer status as a regulatory disqualifier for contracts, similar to debarment processes in federal acquisition rules (e.g., under the Federal Acquisition Regulation).
- Constitutional: Does not directly infringe on Second Amendment rights, as it targets dealer contracts rather than individual sales or possessions. It operates under Congress's commerce clause authority to regulate interstate firearms trade and federal spending.
- Political: Represents a targeted gun control measure focused on dealer responsibility rather than broader restrictions, potentially appealing to efforts to curb gun trafficking while allowing national security flexibility. It could spark debates on data privacy for dealers or the accuracy of tracing metrics, influencing future firearms policy discussions.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2025-06-26: Referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Government Reform, 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.
- 2025-06-26: Referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Government Reform, 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.
- 2025-06-26: Introduced in House
- 2025-06-26: Introduced in House
Bill Versions
- Clean Hands Firearm Procurement Act — issued 2025-06-26 — PDF (4 pages)