FIND Act

I 118TH CONGRESS 1ST SESSION H. R. 53 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. IN THE HOUSE OF REPRESENTATIVES JANUARY 9, 2023 Mr. BERGMAN (for himself, Mrs. CAMMACK, Mr. HUDSON, Mr. DAVIDSON, Mr. CRENSHAW, Ms. STEFANIK, Mr. BISHOP of North Carolina, Mr. NEWHOUSE, Mr. RESCHENTHALER, Mr. DUNCAN, Mr. LATURNER, Mr. FINSTAD, Mr. BUCK, Mr. PERRY, Mr. JOYCE of Pennsylvania, Mr. WITT- MAN, Mr. VAN DREW, Mr. PFLUGER, Ms. TENNEY, Mr. SESSIONS, Mr. CRAWFORD, Mr. GRAVES of Louisiana, Mr. NORMAN, Mr. ELLZEY, Mr. JACKSON of Texas, Mrs. HARSHBARGER, Mr. MOOLENAAR, Mr. FEENSTRA, Mr. WALBERG, Mr. CARTER of Georgia, Mr. OWENS, Mr. HUIZENGA, Mr. CLOUD, Mr. GUEST, Mr. BIGGS, Mr. BOST, Mr. MOON- EY, Mr. WEBER of Texas, Mr. AUSTIN SCOTT of Georgia, Mr. CLYDE, Mr. KELLY of Pennsylvania, Mr. NEHLS, Mr. BABIN, Mr. FLEISCHMANN, Mrs. BICE, Mr. KELLY of Mississippi, Mr. DUNN of Florida, Mr. FALLON, Mr. GROTHMAN, Mr. ISSA, Mr. HARRIS, Mrs. FISCHBACH, Mrs. MILLER of West Virginia, Mr. STEUBE, Mr. GOODEN of Texas, Mrs. MCCLAIN, Mr. MOORE of Utah, Mr. LATTA, Mr. MOORE of Alabama, and Mr. COMER) introduced the following bill; which was referred to the Com- mittee on Oversight and Accountability A BILL To amend title 41, United States Code, to prohibit the Fed- eral Government from entering into contracts with an entity that discriminates against firearm or ammunition industries, and for other purposes. VerDate Sep 11 2014 22:54 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H53.IH H53 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 53 IH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Firearm Industry Non- 4 Discrimination Act’’ or the ‘‘FIND Act’’. 5 SEC. 2. PROHIBITION ON ENTERING INTO CONTRACTS 6 WITH ENTITIES DISCRIMINATING AGAINST 7 FIREARM OR AMMUNITION INDUSTRIES. 8 (a) PROHIBITION.—Chapter 47 of title 41, United 9 States Code, is amended by adding at the end the fol- 10 lowing: 11 ‘‘§ 4715. Prohibition on entering into contracts with 12 entities discriminating against firearm or 13 ammunition industries. 14 ‘‘(a) PROHIBITION.— 15 ‘‘(1) IN GENERAL.—The head of an executive 16 agency shall include in each contract for the pro- 17 curement of goods or services awarded by the execu- 18 tive agency, a clause requiring the prime contractor 19 to certify that the contractor— 20 ‘‘(A) has no policy, practice, guidance, or 21 directive that discriminates against a firearm 22 entity or firearm trade association; and 23 ‘‘(B) will not adopt a policy, practice, guid- 24 ance, or directive that discriminates against a 25 VerDate Sep 11 2014 22:54 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H53.IH H53 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 53 IH firearm entity or firearm trade association dur- 1 ing the term of the contract. 2 ‘‘(2) SUBCONTRACTS.—The head of an execu- 3 tive agency shall include in each contract for the 4 procurement of goods or services awarded by the ex- 5 ecutive agency, a clause that prohibits the prime 6 contractor on such contract from— 7 ‘‘(A) awarding a first-tier subcontract with 8 a value greater than 10 percent of the total 9 value of the prime contract to an entity that 10 fails to certify in writing to the prime con- 11 tractor that the entity— 12 ‘‘(i) has no policy, practice, guidance, 13 or directive that discriminates against a 14 firearm entity or firearm trade association; 15 and 16 ‘‘(ii) will not adopt a policy, practice, 17 guidance, or directive that discriminates 18 against a firearm entity or firearm trade 19 association during the term of the con- 20 tract; and 21 ‘‘(B) structuring subcontract tiers in a 22 manner designed to avoid violating subpara- 23 graph (A) by enabling a subcontractor to per- 24 form more than 10 percent of the total value of 25 VerDate Sep 11 2014 22:54 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H53.IH H53 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 53 IH the prime contract as a lower-tier subcon- 1 tractor. 2 ‘‘(3) PENALTIES.—The clause included in con- 3 tracts pursuant to paragraph (1) or paragraph (2) 4 shall provide that, in the event that the prime con- 5 tractor violates the clause— 6 ‘‘(A) the prime contract shall be termi- 7 nated for default; and 8 ‘‘(B) a suspension or debarment pro- 9 ceeding will be initiated for the contractor on 10 the basis of the violation. 11 ‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 12 a contract for the procurement of goods or services that 13 is a sole-source contract. 14 ‘‘(c) DEFINITIONS.—In this section: 15 ‘‘(1) DISCRIMINATE.—The term ‘discriminate’ 16 means to— 17 ‘‘(A) make a judgement about a policy, 18 practice, guidance, or directive on the basis 19 of— 20 ‘‘(i) partial criteria or a category- 21 based assessment analysis, rather than— 22 ‘‘(I) on a case-by-case basis; or 23 ‘‘(II) using empirical data evalu- 24 ated under quantifiable standards; or 25 VerDate Sep 11 2014 22:54 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H53.IH H53 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 53 IH ‘‘(ii) criteria other than criteria free 1 from— 2 ‘‘(I) favoritism or prejudice 3 against or dislike for the firearm enti- 4 ty or trade association or the products 5 or services sold by the firearm entity 6 or trade association; or 7 ‘‘(II) favoritism for market alter- 8 natives to the business of the firearm 9 entity or the trade association; 10 ‘‘(B) refuse to provide services, or deny, 11 cancel, or limit services, to the firearm entity or 12 trade association on the basis of criteria other 13 than— 14 ‘‘(i) criteria free from— 15 ‘‘(I) favoritism or prejudice 16 against or dislike for the firearm enti- 17 ty or trade association or the products 18 or services sold by the firearm entity 19 or trade association; or 20 ‘‘(II) favoritism for market alter- 21 natives to the business of the firearm 22 entity or the trade association; 23 VerDate Sep 11 2014 22:54 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H53.IH H53 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 53 IH ‘‘(ii) criteria related to credit history 1 and financial risk specific to a customer or 2 potential customer; or 3 ‘‘(iii) criteria related to noncompliance 4 with Federal, State, or local law; or 5 ‘‘(C) limit the operations of the firearm en- 6 tity or trade association in manner not required 7 by— 8 ‘‘(i) Federal, State, or local law; or 9 ‘‘(ii) Federal, State, or local regula- 10 tion. 11 ‘‘(2) FIREARM ENTITY.—The term ‘firearm en- 12 tity’ means any— 13 ‘‘(A) person who is licensed under section 14 923 of title 18 to import, manufacture, or deal 15 in firearms; 16 ‘‘(B) seller of ammunition, as defined in 17 section 7903 of title 15; 18 ‘‘(C) manufacturer or importer of, or deal- 19 er in, a secure gun storage or safety device, as 20 defined in section 921(a) of title 18; and 21 ‘‘(D) manufacturer or importer of, or deal- 22 er in, a component part or accessory of a fire- 23 arm or ammunition. 24 VerDate Sep 11 2014 22:54 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H53.IH H53 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 53 IH ‘‘(3) FIREARM TRADE ASSOCIATION.—The term 1 ‘firearm trade association’ has the meaning in sec- 2 tion 7903 of title 15. 3 ‘‘(4) FIRST-TIER SUBCONTRACT.—The term 4 ‘first-tier subcontract’ means a subcontract entered 5 into by a subcontractor with the prime contractor 6 for the purposes of carrying out the prime contract. 7 ‘‘(5) LOWER-TIER SUBCONTRACTOR.—The term 8 ‘lower-tier subcontractor’ means any person entering 9 into a contract with a subcontractor of a prime con- 10 tractor for the purposes of carrying out the prime 11 contract. 12 ‘‘(6) PRIME CONTRACT; PRIME CONTRACTOR.— 13 The terms ‘prime contract’ and ‘prime contractor’ 14 have the meaning given those terms in section 8701 15 of title 41.’’. 16 (b) APPLICATION.—Section 4715 of title 41, United 17 States Code, as added by subsection (a), shall apply with 18 respect to contracts awarded on or after the date of the 19 enactment of this Act. 20 (c) CLERICAL AMENDMENT.—The table of sections 21 for chapter 47 of title 41, United States Code, is amended 22 by adding at the end the following: 23 ‘‘4715. Prohibition on entering into contracts with entities discriminating against firearm or ammunition industries.’’. Æ VerDate Sep 11 2014 22:54 Jan 12, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H53.IH H53 pbinns on DSKJLVW7X2PROD with $$_JOB