II
118th CONGRESS
1st Session
S. 428
IN THE SENATE OF THE UNITED STATES
February 15, 2023
Mr. Daines (for himself, Mr. Risch, Mrs. Hyde-Smith, Mr. Marshall, Mr. Scott of Florida, Mr. Crapo, Mr. Cassidy, Mrs. Fischer, Mr. Wicker, Mr. Lankford, Mrs. Britt, Mr. Schmitt, Mr. Cramer, Mr. Tillis, Mr. Hoeven, and Mrs. Blackburn) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
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.
Short title
This Act may be cited as the Firearm Industry Non-Discrimination Act
or the FIND Act
.
Prohibition on entering into contracts with entities discriminating against firearm or ammunition industries
Prohibition
Chapter 47 of title 41, United States Code, is amended by adding at the end the following:
Prohibition on entering into contracts with entities discriminating against firearm or ammunition industries.
Prohibition
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—
has no policy, practice, guidance, or directive that discriminates against a firearm entity or firearm trade association; and
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.
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—
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—
has no policy, practice, guidance, or directive that discriminates against a firearm entity or firearm trade association; and
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
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.
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—
the prime contract shall be terminated for default; and
a suspension or debarment proceeding will be initiated for the contractor on the basis of the violation.
Exception
Subsection (a) shall not apply to a contract for the procurement of goods or services that is a sole-source contract.
Definitions
In this section:
Discriminate
The term discriminate means to—
make a judgement about a policy, practice, guidance, or directive on the basis of—
partial criteria or a category-based assessment analysis, rather than—
on a case-by-case basis; or
using empirical data evaluated under quantifiable standards; or
criteria other than criteria free from—
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
favoritism for market alternatives to the business of the firearm entity or the trade association;
refuse to provide services, or deny, cancel, or limit services, to the firearm entity or trade association on the basis of criteria other than—
criteria free from—
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
favoritism for market alternatives to the business of the firearm entity or the trade association;
criteria related to credit history and financial risk specific to a customer or potential customer; or
criteria related to noncompliance with Federal, State, or local law; or
limit the operations of the firearm entity or trade association in manner not required by—
Federal, State, or local law; or
Federal, State, or local regulation.
Firearm entity
The term firearm entity means any—
person who is licensed under section 923 of title 18 to import, manufacture, or deal in firearms;
seller of ammunition, as defined in section 7903 of title 15;
manufacturer or importer of, or dealer in, a secure gun storage or safety device, as defined in section 921(a) of title 18; and
manufacturer or importer of, or dealer in, a component part or accessory of a firearm or ammunition.
Firearm trade association
The term firearm trade association has the meaning in section 7903 of title 15.
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.
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.
Prime contract; prime contractor
The terms prime contract and prime contractor have the meaning given those terms in section 8701 of title 41.
.
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.
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.
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