FIND Act

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 45 Introduced in House (IH)] <DOC> 119th CONGRESS 1st Session H. R. 45 To amend

Government from entering into contracts with an entity that discriminates against the firearm and ammunition industry, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 3, 2025 Mr. Bergman (for himself, Mr. Crenshaw, Mr. Crane, Mrs. Miller of Illinois, Mr. Finstad, Mr. Ogles, Ms. Tenney, Mr. Messmer, Mr. Reschenthaler, Mr. Cloud, Mr. Kennedy of Utah, Mr. Estes, Mr. Langworthy, Mr. LaMalfa, Mr. Higgins of Louisiana, Mr. Weber of Texas, Mrs. Hinson, Mrs. Houchin, Mr. Kustoff, Mr. Moore of Alabama, Mr. Miller of Ohio, Mr. Guthrie, Mr. Allen, Mr. Burlison, Mr. Austin Scott of Georgia, Mrs. Harshbarger, Mr. Amodei of Nevada, Mr. Huizenga, Mr. Graves, Mr. Feenstra, Mr. Joyce of Pennsylvania, Mr. Moolenaar, Mr. Jackson of Texas, Mr. Carter of Georgia, and Mrs. Fischbach) introduced the following bill; which was referred to the Committee on Oversight and Government Reform _______________________________________________________________________ A BILL To amend

Government from entering into contracts with an entity that discriminates against the firearm and ammunition industry, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

This Act may be cited as the ``Firearm Industry Non-Discrimination Act'' or the ``FIND Act''.

DISCRIMINATING AGAINST THE FIREARM AND AMMUNITION INDUSTRY. (a) Prohibition.--Chapter 47 of

amended by adding at the end the following: ``

discriminating against the firearm and ammunition industry. ``(a) Prohibition.-- ``(1) In general.--The head of an executive agency shall include in each contract for the procurement of goods or services awarded by the executive agency, a clause requiring the prime contractor to certify that the contractor-- ``(A) has no policy, practice, guidance, or directive that discriminates against a firearm entity or firearm trade association; and ``(B) will not adopt a policy, practice, guidance, or directive that discriminates against a firearm entity or firearm trade association during the term of the contract. ``(2) Subcontracts.--The head of an executive agency shall include in each contract for the procurement of goods or services awarded by the executive agency, a clause that prohibits the prime contractor on such contract from-- ``(A) awarding a first-tier subcontract with a value greater than 10 percent of the total value of the prime contract to an entity that fails to certify in writing to the prime contractor that the entity-- ``(i) has no policy, practice, guidance, or directive that discriminates against a firearm entity or firearm trade association; and ``(ii) will not adopt a policy, practice, guidance, or directive that discriminates against a firearm entity or firearm trade association during the term of the contract; and ``(B) structuring subcontract tiers in a manner designed to avoid violating subparagraph (A) by enabling a subcontractor to perform more than 10 percent of the total value of the prime contract as a lower-tier subcontractor. ``(3) Penalties.--The clause included in contracts pursuant to paragraph (1) or paragraph (2) shall provide that, in the event that the prime contractor violates the clause-- ``(A) the prime contract shall be terminated for default; and ``(B) a suspension or debarment proceeding will be initiated for the contractor on the basis of the violation. ``(b) Exception.--Subsection (a) shall not apply to a contract for the procurement of goods or services that is a sole-source contract. ``(c) Definitions.--In this section: ``(1) Discriminate.--The term `discriminate' means to-- ``(A) make a judgement about a policy, practice, guidance, or directive on the basis of-- ``(i) partial criteria or a category-based assessment analysis, rather than-- ``(I) on a case-by-case basis; or ``(II) using empirical data evaluated under quantifiable standards; or ``(ii) criteria other than criteria free from-- ``(I) favoritism or prejudice against or dislike for the firearm entity or trade association or the products or services sold by the firearm entity or trade association; or ``(II) favoritism for market alternatives to the business of the firearm entity or the trade association; ``(B) refuse to provide services, or deny, cancel, or limit services, to the firearm entity or trade association on the basis of criteria other than-- ``(i) criteria free from-- ``(I) favoritism or prejudice against or dislike for the firearm entity or trade association or the products or services sold by the firearm entity or trade association; or ``(II) favoritism for market alternatives to the business of the firearm entity or the trade association; ``(ii) criteria related to credit history and financial risk specific to a customer or potential customer; or ``(iii) criteria related to noncompliance with Federal, State, or local law; or ``(C) limit the operations of the firearm entity or trade association in manner not required by-- ``(i) Federal, State, or local law; or ``(ii) Federal, State, or local regulation. ``(2) Firearm entity.--The term `firearm entity' means any-- ``(A) person who is licensed under

``(B) seller of ammunition, as defined in

section 7903 of

``(C) manufacturer or importer of, or dealer in, a secure gun storage or safety device, as defined in

``(D) manufacturer or importer of, or dealer in, a component part or accessory of a firearm or ammunition. ``(3) Firearm trade association.--The term `firearm trade association' has the meaning in

``(4) First-tier subcontract.--The term `first-tier subcontract' means a subcontract entered into by a subcontractor with the prime contractor for the purposes of carrying out the prime contract. ``(5) Lower-tier subcontractor.--The term `lower-tier subcontractor' means any person entering into a contract with a subcontractor of a prime contractor for the purposes of carrying out the prime contract. ``(6) Prime contract; prime contractor.--The terms `prime contract' and `prime contractor' have the meaning given those terms in

(b) Application.--

added by subsection (a), shall apply with respect to contracts awarded on or after the date of the enactment of this Act. (c) Clerical Amendment.--The table of sections for chapter 47 of

following: ``4715. Prohibition on entering into contracts with entities discriminating against the firearm and ammunition industry.''. <all>