H.R.70 - No SmartPay for Anti-2A Companies Act (119th Congress)
Summary
H.R.70, the "No SmartPay for Anti-2A Companies Act," aims to prevent the Administrator of General Services from awarding contracts under the SmartPay Program to commercial payment systems that use a payment processing agency with a merchant category code for gun retailers. The bill was introduced in the House of Representatives on January 3, 2025, and referred to the Committee on Oversight and Government Reform. The Act would not apply to contracts awarded before the enactment date.
Expected Effects
If enacted, this bill would restrict the pool of eligible payment processing agencies for the SmartPay Program. This could lead to changes in which companies are awarded government contracts. It specifically targets companies that have implemented merchant category codes for gun retailers.
Potential Benefits
- Potentially reinforces Second Amendment rights by limiting government contracts with entities perceived as hostile to gun retailers.
- May appeal to constituents who support gun rights and oppose financial tracking of gun-related purchases.
- Could encourage payment processors to reconsider implementing merchant category codes for gun retailers.
- Aligns government spending with specific political values related to gun ownership.
- May foster competition among payment processors to avoid being labeled as "anti-2A."
Potential Disadvantages
- May limit the government's options for commercial payment systems, potentially leading to less competitive bids or higher costs.
- Could be seen as discriminatory against companies that implement merchant category codes for gun retailers.
- May create a chilling effect on companies' willingness to address gun violence through financial mechanisms.
- Could be challenged as an infringement on free speech or association rights of payment processors.
- May alienate companies and individuals who support stricter gun control measures.
Constitutional Alignment
The bill's alignment with the Constitution is complex. Proponents may argue it supports the Second Amendment by preventing government funds from indirectly supporting entities that restrict gun sales. Opponents might argue it infringes on the First Amendment rights of payment processors by penalizing them for their policies on merchant category codes. The bill does not directly violate any specific constitutional provision but raises questions about government overreach and viewpoint discrimination.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).