Firearm Industry Non-Discrimination Act or the FIND Act
This bill prohibits the federal government from entering into contracts with an entity that discriminates against firearm trade associations or businesses that deal in firearms, ammunition, or related products.
Specifically, the bill requires a federal agency to include in each contract for the procurement of goods or services awarded by the agency a clause requiring the prime contractor to certify that it (1) has no policy, practice, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) 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.
The bill establishes (1) a similar requirement with respect to subcontracts, and (2) penalties for violations.
The bill makes such prohibition inapplicable to a contract for the procurement of goods or services that is a sole-source contract.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 53 Introduced in House (IH)]
<DOC>
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. Wittman, 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. Mooney, 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 Committee on
Oversight and Accountability
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firearm Industry Non-Discrimination
Act'' or the ``FIND Act''.
SEC. 2. PROHIBITION ON ENTERING INTO CONTRACTS WITH ENTITIES
DISCRIMINATING AGAINST FIREARM OR AMMUNITION INDUSTRIES.
(a) Prohibition.--Chapter 47 of title 41, United States Code, is
amended by adding at the end the following:
``Sec. 4715. Prohibition on entering into contracts with entities
discriminating against firearm or ammunition industries.
``(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 section 923 of
title 18 to import, manufacture, or deal in firearms;
``(B) seller of ammunition, as defined in section
7903 of title 15;
``(C) manufacturer or importer of, or dealer in, a
secure gun storage or safety device, as defined in
section 921(a) of title 18; and
``(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 section 7903 of title 15.
``(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 section 8701 of title 41.''.
(b) Application.--Section 4715 of title 41, United States Code, as
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
title 41, United States Code, is amended by adding at the end the
following:
``4715. Prohibition on entering into contracts with entities
discriminating against firearm or
ammunition industries.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Accountability.
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