119-s137

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 137 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 137

 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

 January 16, 2025

 Mr. Daines (for himself, Mrs. Hyde-Smith, Ms. Lummis, Mr. Scott of 
 Florida, Mr. Cotton, Mr. Marshall, Mr. Risch, Mr. Wicker, Mr. Cramer, 
 Mrs. Fischer, Mr. Budd, Mr. Cassidy, Mr. Crapo, Mr. Sheehy, Mr. 
Ricketts, Mrs. Britt, Mr. Lankford, Ms. Ernst, Mr. Schmitt, Mr. Graham, 
 Mr. Hoeven, and Mr. Tillis) 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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