FIND Act

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. 1. Short title This Act may be cited as the Firearm Industry Non-Discrimination Act FIND Act 2. Prohibition on entering into contracts with entities discriminating against firearm or ammunition industries (a) Prohibition Chapter 47 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 (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 (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 (4) First-tier subcontract The term first-tier subcontract (5) Lower-tier subcontractor The term lower-tier subcontractor (6) Prime contract; prime contractor The terms prime contract prime contractor . (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 4715. Prohibition on entering into contracts with entities discriminating against firearm or ammunition industries. .

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.