A bill to amend title 41, United States Code, to prohibit the Federal Government from entering into contracts with an entity that discriminates against firearm or ammunition industries, and for other purposes.
- Bill Number
- S. 137
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-01-16: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Last Updated
- 2026-02-25T11:56:37Z
AI-Generated Summary
Purpose
The Firearm Industry Non-Discrimination Act (FIND Act) aims to prevent the federal government from awarding contracts to businesses that discriminate against companies or groups in the firearm and ammunition industries. It seeks to protect these industries from unfair treatment, such as biased policies or denial of services, by requiring certifications from contractors.
Key Provisions
- Contract Certification Requirement: Federal executive agencies must add a clause to all procurement contracts (for goods or services) requiring the main (prime) contractor to certify that:
- It currently has no policies, practices, guidelines, or directives that discriminate against firearm entities (e.g., licensed firearm dealers, ammunition sellers, or manufacturers of gun accessories) or firearm trade associations.
- It will not adopt any such discriminatory measures 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 do not provide a similar written certification.
- Structuring subcontracts to bypass this rule, such as by shifting work to lower-tier subcontractors (sub-subcontractors) to exceed the 10% threshold indirectly.
- Penalties for Violations: If a prime contractor breaks these rules, the contract can be terminated for default (meaning the government ends it due to non-performance), and the contractor may face suspension or debarment (temporary or permanent ban from future federal contracts).
- Exception: The rules do not apply to sole-source contracts, where only one supplier can provide the needed goods or services.
- Definitions:
- Discriminate: Broadly defined to include decisions based on incomplete or biased criteria (not case-by-case or data-driven), refusing or limiting services due to prejudice against firearms or favoritism toward alternatives, or restricting operations beyond legal requirements. Exceptions allow actions based on credit risks, financial issues specific to a customer, or legal noncompliance.
- Firearm Entity: Includes federally licensed importers, manufacturers, or dealers of firearms; sellers of ammunition; and makers or sellers of gun storage devices, parts, or accessories.
- Firearm Trade Association: Refers to industry groups as defined in existing federal law (e.g., under 15 U.S.C. § 7903).
- Other terms clarify subcontract levels and prime contract meanings.
- Effective Date: Applies to contracts awarded on or after the bill's enactment.
- Technical Update: Adds the new section (41 U.S.C. § 4715) to the legal code and updates the table of contents.
Significant Changes to Existing Law
This bill amends Chapter 47 of Title 41, United States Code (which governs federal procurement integrity and ethics), by inserting a new section specifically targeting discrimination against the firearm and ammunition sectors. Previously, federal contracting rules focused on general anti-discrimination (e.g., based on race or gender) but did not address industry-specific biases like those against firearms. This introduces mandatory certifications and subcontract oversight tailored to protect gun-related businesses, expanding contractor accountability in a targeted way.
Potential Impacts
- On Government Agencies: Executive agencies (e.g., Department of Defense, Homeland Security) will need to revise contract templates, verify certifications, and enforce penalties, potentially increasing administrative workload and costs for compliance monitoring.
- On Citizens and Businesses: Firearm and ammunition industry participants gain protection from discriminatory practices by banks, insurers, or other contractors, which could stabilize their access to financial and business services. Other federal contractors may face barriers if they cannot certify non-discrimination, possibly limiting their bidding opportunities. Citizens unaffiliated with these industries might see indirect effects through higher contract costs passed on in government-funded projects.
- On International Relations: No direct impacts mentioned, though it could influence U.S. contractors involved in international arms trade by ensuring non-discriminatory treatment domestically.
Main Stakeholders Affected
- Beneficiaries: Firearm entities (e.g., gun manufacturers, dealers, ammunition sellers) and trade associations (e.g., National Rifle Association or similar groups), who are shielded from discriminatory policies.
- Regulated Parties: Prime contractors and subcontractors bidding on or holding federal contracts, especially large firms in finance, insurance, or services that might have policies viewed as discriminatory.
- Oversight Entities: Federal executive agencies responsible for procurement, and potentially the Office of Federal Procurement Policy for implementation guidance.
- Broader Business Community: Any entity seeking federal contracts, as non-compliance could lead to exclusion.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Strengthens federal procurement laws by adding enforceable anti-discrimination clauses specific to an industry, with clear penalties like default termination (a standard contract remedy) and debarment (an administrative process to protect government interests). It defines "discriminate" narrowly to avoid overreach, allowing actions based on legitimate risks like credit or law violations.
- Constitutional Implications: Indirectly supports Second Amendment rights by protecting the firearm industry's commercial operations, but it does not alter gun ownership laws. It raises questions about government intervention in private business policies, potentially conflicting with free speech or association rights if certifications compel changes to internal guidelines.
- Political Implications: Introduced by a bipartisan but predominantly Republican group of senators, it reflects ongoing debates over gun industry protections amid concerns about "debanking" (banks refusing services to gun businesses). If enacted, it could set a precedent for industry-specific non-discrimination rules in federal contracting, influencing future legislation on other sectors.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (28)
Sen. Hyde-Smith, Cindy [R-MS], Sen. Lummis, Cynthia M. [R-WY], Sen. Scott, Rick [R-FL], Sen. Cotton, Tom [R-AR], Sen. Marshall, Roger [R-KS], Sen. Risch, James E. [R-ID], Sen. Wicker, Roger F. [R-MS], Sen. Cramer, Kevin [R-ND], Sen. Fischer, Deb [R-NE], Sen. Budd, Ted [R-NC], Sen. Cassidy, Bill [R-LA], Sen. Crapo, Mike [R-ID], Sen. Sheehy, Tim [R-MT], Sen. Ricketts, Pete [R-NE], Sen. Britt, Katie Boyd [R-AL], Sen. Lankford, James [R-OK], Sen. Ernst, Joni [R-IA], Sen. Schmitt, Eric [R-MO], Sen. Graham, Lindsey [R-SC], Sen. Hoeven, John [R-ND], Sen. Tillis, Thomas [R-NC], Sen. Blackburn, Marsha [R-TN], Sen. Lee, Mike [R-UT], Sen. Justice, James C. [R-WV], Sen. Moreno, Bernie [R-OH], Sen. Cornyn, John [R-TX], Sen. McCormick, David [R-PA], Sen. Mullin, Markwayne [R-OK]
Recent Actions
- 2025-01-16: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- 2025-01-16: Introduced in Senate
Bill Versions
- Firearm Industry Non-Discrimination Act — issued 2025-01-16 — PDF (7 pages)