FIND Act
- Sponsor
- Sen. Daines, Steve [R-MT]
- Committees
- Homeland Security and Governmental Affairs Committee (primary)
- Last action
- Jan 16, 2025
Bottom line
The FIND Act aims to prevent federal funds from going to businesses that restrict or limit services to the firearm and ammunition industries based on criteria other than standard financial risk or legal compliance.
What it actually does
This bill, known as the FIND Act, prohibits federal executive agencies from contracting with companies that "discriminate" against the firearm or ammunition industries. It requires prime contractors to certify they do not have such discriminatory policies and will not adopt them. Furthermore, prime contractors are prohibited from awarding significant subcontracts (over 10% of the prime contract value) to entities that do not provide a similar certification. Violations by prime contractors would lead to contract termination and debarment proceedings.
Proponents argue
Supporters argue that this bill protects the Second Amendment rights of law-abiding citizens by ensuring that financial institutions and other service providers cannot arbitrarily deny services to firearm and ammunition businesses. They contend that such discrimination is a form of "woke capitalism" that unfairly targets a legal industry, and that the federal government should not implicitly endorse such practices through its contracting power. They believe it promotes fair business practices and prevents politically motivated boycotts against legal industries.
Opponents contend
Opponents might argue that this bill infringes on the private sector's ability to make independent business decisions based on their own risk assessments, corporate values, or public relations strategies. They could contend that it forces companies to do business with entities they might otherwise choose to avoid, potentially exposing them to reputational or financial risks. Critics may also view it as an overreach of federal power into private commercial relationships, potentially creating a chilling effect on corporate social responsibility initiatives.
The bill is very short and straightforward, making it highly accessible for a reader to understand its core intent and mechanisms within a few minutes.
Section 2(a), adding new 41 U.S.C. 4715(a)(1)
Federal Agencies Prohibited from Contracting with Discriminatory Entities
This provision mandates that all federal executive agencies must include a clause in their contracts for goods or services. This clause requires the prime contractor to certify that they do not have, and will not adopt, any policy or practice that discriminates against firearm entities or firearm trade associations. This ensures that companies doing direct business with the federal government adhere to the non-discrimination standard.
Supporters argue
Supporters argue this provision is essential to ensure that federal taxpayer dollars do not indirectly support or enable discrimination against a constitutionally protected industry. They believe it levels the playing field for firearm businesses and prevents politically motivated financial boycotts.
Critics contend
Opponents might argue this provision interferes with the free market and private companies' rights to choose their business partners based on their own risk assessments or corporate values. They may contend it could force companies to engage in business relationships they deem undesirable.
Tradeoffs
This provision balances the federal government's desire to prevent discrimination against a specific industry with the principle of corporate autonomy in business decisions. It also raises questions about the extent to which the government should dictate the business practices of its contractors beyond direct performance requirements.
Section 2(a), adding new 41 U.S.C. 4715(a)(2)
Prime Contractors Responsible for Subcontractor Non-Discrimination
This section extends the non-discrimination requirement down the supply chain. Prime contractors are prohibited from awarding first-tier subcontracts exceeding 10% of the prime contract's value to entities that do not also certify their non-discrimination against the firearm industry. It also prevents prime contractors from structuring subcontracts to bypass this 10% threshold.
Section 2(a), adding new 41 U.S.C. 4715(a)(3)
Contract Termination and Debarment for Non-Compliance
If a prime contractor violates the non-discrimination clause, the contract will be terminated for default. Furthermore, a suspension or debarment proceeding will be initiated against that contractor, potentially preventing them from securing future federal contracts for a specified period.
Section 2(a), adding new 41 U.S.C. 4715(c)(1)
Detailed Definition of Prohibited Discrimination
This section provides a precise definition of what constitutes "discrimination" against firearm entities or trade associations. It specifies that discrimination involves making judgments based on partial or category-based assessments rather than empirical data or case-by-case analysis; refusing services based on criteria other than credit history, financial risk, or legal non-compliance; or limiting operations in ways not required by law. Crucially, it clarifies that non-discriminatory criteria must be free from favoritism or prejudice against the firearm industry.