[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 428 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 428

    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 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.

    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.''.
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