S 428 — FIND Act

Summary

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.

Bill Text

• Introduced Introduced in Senate Current html February 15, 2023

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill adds a new prohibition against federal contracts with entities that discriminate against the firearm or ammunition industries.

• 41 U.S.C. § 4715

  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.

  This clause prohibits federal contracts with entities that discriminate against firearm or ammunition industries.

• 41 U.S.C. § 8701

  The terms 'prime contract' and 'prime contractor' have the meaning given those terms in section 8701 of title 41.

  This specifies the definitions for 'prime contract' and 'prime contractor' related to the new prohibition.

Action History

1. February 15, 2023

   Introduced in Senate

2. February 15, 2023

   Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Sponsors

• James E. Risch · Cosponsor
• Cindy Hyde-Smith · Cosponsor
• Roger Marshall · Cosponsor
• Rick Scott · Cosponsor
• Mike Crapo · Cosponsor
• Bill Cassidy · Cosponsor
• Deb Fischer · Cosponsor
• Roger F. Wicker · Cosponsor
• James Lankford · Cosponsor
• Katie Boyd Britt · Cosponsor
• Eric Schmitt · Cosponsor
• Kevin Cramer · Cosponsor
• Thomas Tillis · Cosponsor
• John Hoeven · Cosponsor
• Marsha Blackburn · Cosponsor
• Ted Budd · Cosponsor
• Pete Ricketts · Cosponsor
• Cynthia M. Lummis · Cosponsor
• Lindsey Graham · Cosponsor
• Joni Ernst · Cosponsor
• Tom Cotton · Cosponsor
• John Thune · Cosponsor
• Steve Daines · Primary

Subjects