FIND Act
- Bill Number
- H.R. 45
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-01-03: Referred to the House Committee on Oversight and Government Reform.
- Last Updated
- 2026-05-12T08:06:10Z
AI-Generated Summary
Purpose
The Firearm Industry Non-Discrimination Act (FIND Act), H.R. 45, aims to prevent the federal government from awarding contracts to businesses that discriminate against companies or groups in the firearm and ammunition industry. It seeks to protect this industry from unfair treatment, such as denial of services or biased policies, by requiring certifications of non-discrimination in federal procurement processes.
Key Provisions
- Contract Certification Requirement: Federal executive agencies must include a clause in all procurement contracts (for goods or services) requiring the prime contractor (the main company receiving the contract) to certify that it:
- Does not have any policy, practice, guidance, or directive discriminating against "firearm entities" (e.g., licensed firearm dealers, manufacturers, importers, ammunition sellers, or makers of gun safety devices and accessories) or "firearm trade associations" (industry groups like the National Rifle Association, as defined in existing law).
- Will not adopt such discriminatory practices during the contract period.
- Subcontract Restrictions: Prime contractors are prohibited from awarding first-tier subcontracts (direct subcontracts from the prime contractor) worth more than 10% of the total prime contract value to entities that cannot provide a similar written certification of non-discrimination. Contractors also cannot structure subcontracts to evade this rule by shifting work to lower-tier subcontractors (sub-subcontractors).
- Penalties for Violations: If a prime contractor breaches these rules, the contract can be terminated for default, and the contractor may face suspension or debarment (temporary or permanent exclusion from future federal contracts).
- Exception: The rules do not apply to sole-source contracts (contracts awarded to a single supplier without competition, often due to unique needs).
- Definitions:
- Discriminate: Includes making judgments based on biased criteria (e.g., prejudice against firearms or favoritism toward alternatives) rather than case-by-case or data-driven assessments; refusing or limiting services unrelated to credit risks, legal compliance, or required laws; or imposing operational limits not mandated by law.
- Other terms like "prime contract" and "prime contractor" align with existing federal procurement definitions.
- Effective Date: Applies to contracts awarded on or after the bill's enactment.
Significant Changes to Existing Law
This bill amends Chapter 47 of Title 41, United States Code (which governs federal procurement integrity and ethics), by adding a new section (4715). It introduces the first specific federal prohibition on discrimination against the firearm and ammunition industry in government contracting. Previously, federal procurement laws focused on general anti-discrimination (e.g., based on race or gender) but did not address industry-specific biases like those potentially faced by firearm businesses from banks, insurers, or other contractors.
Potential Impacts
- Government Agencies: Executive agencies (e.g., Department of Defense, HHS) will need to update contract templates, verify certifications, and enforce penalties, potentially increasing administrative workload and compliance costs. This could limit the pool of eligible contractors if many fail to certify.
- Citizens and Businesses: Protects firearm-related companies from losing federal business opportunities due to perceived discrimination (e.g., banks denying loans to gun makers). It may encourage broader access to financial and other services for this industry, benefiting owners, employees, and consumers in rural or pro-gun communities.
- International Relations: No direct impacts, as the bill focuses on domestic federal contracting and does not address foreign entities or trade.
Main Stakeholders Affected
- Firearm and Ammunition Industry: Licensed manufacturers, importers, dealers, ammunition sellers, and trade associations benefit from protections against discriminatory practices.
- Federal Contractors and Subcontractors: Prime contractors (e.g., large firms like Boeing or tech companies) and their suppliers must comply with certifications, facing risks of contract loss if non-compliant.
- Federal Government Agencies: Responsible for implementation and enforcement, particularly those with large procurement budgets.
- Financial and Service Providers: Banks, insurers, or payment processors that do business with the government may need to review policies to avoid accusations of discrimination (e.g., refusing services to gun companies based on reputational concerns).
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Strengthens federal procurement law by mandating industry-specific non-discrimination clauses, potentially leading to more litigation over what constitutes "discrimination" (e.g., challenges to certification denials). It builds on existing laws like the Protection of Lawful Commerce in Arms Act (2005), which shields the industry from certain lawsuits.
- Constitutional Implications: Could raise questions under the First Amendment (free speech in business policies) or Fifth Amendment (due process in contract awards), if certifications are seen as compelling speech or unfairly targeting certain entities. However, it aligns with Congress's authority to regulate federal spending and commerce.
- Political Implications: Introduced by a bipartisan but predominantly Republican group of House members, the bill reflects ongoing debates over Second Amendment rights and "de-banking" of the firearm industry (e.g., by financial institutions). It may polarize views on gun control versus industry support, influencing future appropriations or related legislation.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (119)
Rep. Crenshaw, Dan [R-TX-2], Rep. Crane, Elijah [R-AZ-2], Rep. Miller, Mary E. [R-IL-15], Rep. Finstad, Brad [R-MN-1], Rep. Ogles, Andrew [R-TN-5], Rep. Tenney, Claudia [R-NY-24], Rep. Messmer, Mark [R-IN-8], Rep. Reschenthaler, Guy [R-PA-14], Rep. Cloud, Michael [R-TX-27], Rep. Kennedy, Mike [R-UT-3], Rep. Estes, Ron [R-KS-4], Rep. Langworthy, Nicholas A. [R-NY-23], Rep. LaMalfa, Doug [R-CA-1], Rep. Higgins, Clay [R-LA-3], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Hinson, Ashley [R-IA-2], Rep. Houchin, Erin [R-IN-9], Rep. Kustoff, David [R-TN-8], Rep. Moore, Barry [R-AL-1], Rep. Miller, Max L. [R-OH-7], Rep. Guthrie, Brett [R-KY-2], Rep. Allen, Rick W. [R-GA-12], Rep. Burlison, Eric [R-MO-7], Rep. Scott, Austin [R-GA-8], Rep. Harshbarger, Diana [R-TN-1], Rep. Amodei, Mark E. [R-NV-2], Rep. Huizenga, Bill [R-MI-4], Rep. Graves, Sam [R-MO-6], Rep. Feenstra, Randy [R-IA-4], Rep. Joyce, John [R-PA-13], Rep. Moolenaar, John R. [R-MI-2], Rep. Jackson, Ronny [R-TX-13], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Fischbach, Michelle [R-MN-7], Rep. Van Duyne, Beth [R-TX-24], Rep. Sessions, Pete [R-TX-17], Rep. Collins, Mike [R-GA-10], Rep. Smith, Adrian [R-NE-3], Rep. Harris, Andy [R-MD-1], Rep. Rose, John W. [R-TN-6], Rep. Ellzey, Jake [R-TX-6], Rep. Clyde, Andrew S. [R-GA-9], Rep. Fleischmann, Charles J. "Chuck" [R-TN-3], Rep. Bilirakis, Gus M. [R-FL-12], Rep. Steube, W. Gregory [R-FL-17], Rep. Tiffany, Thomas P. [R-WI-7], Rep. Hudson, Richard [R-NC-9], Rep. Lee, Laurel M. [R-FL-15], Rep. Gooden, Lance [R-TX-5], Rep. Fallon, Pat [R-TX-4] and 69 more
Recent Actions
- 2025-01-03: Referred to the House Committee on Oversight and Government Reform.
- 2025-01-03: Introduced in House
- 2025-01-03: Introduced in House
Bill Versions
- Firearm Industry Non-Discrimination Act — issued 2025-01-03 — PDF (7 pages)