II
119THCONGRESS
1
STSESSION 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
JANUARY16, 2025
Mr. D
AINES(for himself, Mrs. HYDE-SMITH, Ms. LUMMIS, Mr. SCOTTof
Florida, Mr. C
OTTON, Mr. MARSHALL, Mr. RISCH, Mr. WICKER, Mr.
C
RAMER, Mrs. FISCHER, Mr. BUDD, Mr. CASSIDY, Mr. CRAPO, Mr.
S
HEEHY, Mr. RICKETTS, Mrs. BRITT, Mr. LANKFORD, Ms. ERNST, Mr.
S
CHMITT, 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 Fed-
eral 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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Firearm Industry Non- 4
Discrimination Act’’ or the ‘‘FIND Act’’. 5
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SEC. 2. PROHIBITION ON ENTERING INTO CONTRACTS 1
WITH ENTITIES DISCRIMINATING AGAINST 2
FIREARM OR AMMUNITION INDUSTRIES. 3
(a) P
ROHIBITION.—Chapter 47 of title 41, United 4
States Code, is amended by adding at the end the fol-5
lowing: 6
‘‘§ 4715. Prohibition on entering into contracts with 7
entities discriminating against firearm or 8
ammunition industries. 9
‘‘(a) P
ROHIBITION.— 10
‘‘(1) I
N GENERAL.—The head of an executive 11
agency shall include in each contract for the pro-12
curement of goods or services awarded by the execu-13
tive agency, a clause requiring the prime contractor 14
to certify that the contractor— 15
‘‘(A) has no policy, practice, guidance, or 16
directive that discriminates against a firearm 17
entity or firearm trade association; and 18
‘‘(B) will not adopt a policy, practice, guid-19
ance, or directive that discriminates against a 20
firearm entity or firearm trade association dur-21
ing the term of the contract. 22
‘‘(2) S
UBCONTRACTS.—The head of an execu-23
tive agency shall include in each contract for the 24
procurement of goods or services awarded by the ex-25
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ecutive agency, a clause that prohibits the prime 1
contractor on such contract from— 2
‘‘(A) awarding a first-tier subcontract with 3
a value greater than 10 percent of the total 4
value of the prime contract to an entity that 5
fails to certify in writing to the prime con-6
tractor that the entity— 7
‘‘(i) has no policy, practice, guidance, 8
or directive that discriminates against a 9
firearm entity or firearm trade association; 10
and 11
‘‘(ii) will not adopt a policy, practice, 12
guidance, or directive that discriminates 13
against a firearm entity or firearm trade 14
association during the term of the con-15
tract; and 16
‘‘(B) structuring subcontract tiers in a 17
manner designed to avoid violating subpara-18
graph (A) by enabling a subcontractor to per-19
form more than 10 percent of the total value of 20
the prime contract as a lower-tier subcon-21
tractor. 22
‘‘(3) P
ENALTIES.—The clause included in con-23
tracts pursuant to paragraph (1) or paragraph (2) 24
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shall provide that, in the event that the prime con-1
tractor violates the clause— 2
‘‘(A) the prime contract shall be termi-3
nated for default; and 4
‘‘(B) a suspension or debarment pro-5
ceeding will be initiated for the contractor on 6
the basis of the violation. 7
‘‘(b) E
XCEPTION.—Subsection (a) shall not apply to 8
a contract for the procurement of goods or services that 9
is a sole-source contract. 10
‘‘(c) D
EFINITIONS.—In this section: 11
‘‘(1) D
ISCRIMINATE.—The term ‘discriminate’ 12
means to— 13
‘‘(A) make a judgement about a policy, 14
practice, guidance, or directive on the basis 15
of— 16
‘‘(i) partial criteria or a category- 17
based assessment analysis, rather than— 18
‘‘(I) on a case-by-case basis; or 19
‘‘(II) using empirical data evalu-20
ated under quantifiable standards; or 21
‘‘(ii) criteria other than criteria free 22
from— 23
‘‘(I) favoritism or prejudice 24
against or dislike for the firearm enti-25
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ty or trade association or the products 1
or services sold by the firearm entity 2
or trade association; or 3
‘‘(II) favoritism for market alter-4
natives to the business of the firearm 5
entity or the trade association; 6
‘‘(B) refuse to provide services, or deny, 7
cancel, or limit services, to the firearm entity or 8
trade association on the basis of criteria other 9
than— 10
‘‘(i) criteria free from— 11
‘‘(I) favoritism or prejudice 12
against or dislike for the firearm enti-13
ty or trade association or the products 14
or services sold by the firearm entity 15
or trade association; or 16
‘‘(II) favoritism for market alter-17
natives to the business of the firearm 18
entity or the trade association; 19
‘‘(ii) criteria related to credit history 20
and financial risk specific to a customer or 21
potential customer; or 22
‘‘(iii) criteria related to noncompliance 23
with Federal, State, or local law; or 24
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‘‘(C) limit the operations of the firearm en-1
tity or trade association in manner not required 2
by— 3
‘‘(i) Federal, State, or local law; or 4
‘‘(ii) Federal, State, or local regula-5
tion. 6
‘‘(2) F
IREARM ENTITY.—The term ‘firearm en-7
tity’ means any— 8
‘‘(A) person who is licensed under section 9
923 of title 18 to import, manufacture, or deal 10
in firearms; 11
‘‘(B) seller of ammunition, as defined in 12
section 7903 of title 15; 13
‘‘(C) manufacturer or importer of, or deal-14
er in, a secure gun storage or safety device, as 15
defined in section 921(a) of title 18; and 16
‘‘(D) manufacturer or importer of, or deal-17
er in, a component part or accessory of a fire-18
arm or ammunition. 19
‘‘(3) F
IREARM TRADE ASSOCIATION .—The term 20
‘firearm trade association’ has the meaning in sec-21
tion 7903 of title 15. 22
‘‘(4) F
IRST-TIER SUBCONTRACT .—The term 23
‘first-tier subcontract’ means a subcontract entered 24
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into by a subcontractor with the prime contractor 1
for the purposes of carrying out the prime contract. 2
‘‘(5) L
OWER-TIER SUBCONTRACTOR .—The term 3
‘lower-tier subcontractor’ means any person entering 4
into a contract with a subcontractor of a prime con-5
tractor for the purposes of carrying out the prime 6
contract. 7
‘‘(6) P
RIME CONTRACT; PRIME CONTRACTOR .— 8
The terms ‘prime contract’ and ‘prime contractor’ 9
have the meaning given those terms in section 8701 10
of title 41.’’. 11
(b) A
PPLICATION.—Section 4715 of title 41, United 12
States Code, as added by subsection (a), shall apply with 13
respect to contracts awarded on or after the date of the 14
enactment of this Act. 15
(c) C
LERICALAMENDMENT.—The table of sections 16
for chapter 47 of title 41, United States Code, is amended 17
by adding at the end the following: 18
‘‘4715. Prohibition on entering into contracts with entities discriminating
against firearm or ammunition industries.’’.
Æ
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