II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Firearm Industry Non5 Discrimination Act’’ or the ‘‘FIND Act’’. 


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1 SEC. 2. PROHIBITION ON ENTERING INTO CONTRACTS 

2 WITH ENTITIES DISCRIMINATING AGAINST 

3 FIREARM OR AMMUNITION INDUSTRIES. 

4 (a) PROHIBITION.—Chapter 47 of title 41, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 4715. Prohibition on entering into contracts with 

8 entities discriminating against firearm or 

9 ammunition industries. 

10 ‘‘(a) PROHIBITION.— 

11 ‘‘(1) IN GENERAL.—The head of an executive 

12 agency shall include in each contract for the pro13 curement of goods or services awarded by the execu14 tive agency, a clause requiring the prime contractor 

15 to certify that the contractor— 

16 ‘‘(A) has no policy, practice, guidance, or 

17 directive that discriminates against a firearm 

18 entity or firearm trade association; and 

19 ‘‘(B) will not adopt a policy, practice, guid20 ance, or directive that discriminates against a 

21 firearm entity or firearm trade association dur22 ing the term of the contract. 

23 ‘‘(2) SUBCONTRACTS.—The head of an execu24 tive agency shall include in each contract for the 

25 procurement of goods or services awarded by the exVerDate Sep 11 2014 01:07 Mar 03, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S428.IS S428

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1 ecutive agency, a clause that prohibits the prime 

2 contractor on such contract from— 

3 ‘‘(A) awarding a first-tier subcontract with 

4 a value greater than 10 percent of the total 

5 value of the prime contract to an entity that 

6 fails to certify in writing to the prime con7 tractor that the entity— 

8 ‘‘(i) has no policy, practice, guidance, 

9 or directive that discriminates against a 

10 firearm entity or firearm trade association; 

11 and 

12 ‘‘(ii) will not adopt a policy, practice, 

13 guidance, or directive that discriminates 

14 against a firearm entity or firearm trade 

15 association during the term of the con16 tract; and 

17 ‘‘(B) structuring subcontract tiers in a 

18 manner designed to avoid violating subpara19 graph (A) by enabling a subcontractor to per20 form more than 10 percent of the total value of 

21 the prime contract as a lower-tier subcon22 tractor. 

23 ‘‘(3) PENALTIES.—The clause included in con24 tracts pursuant to paragraph (1) or paragraph (2) 


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1 shall provide that, in the event that the prime con2 tractor violates the clause— 

3 ‘‘(A) the prime contract shall be termi4 nated for default; and 

5 ‘‘(B) a suspension or debarment pro6 ceeding will be initiated for the contractor on 

7 the basis of the violation. 

8 ‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 

9 a contract for the procurement of goods or services that 

10 is a sole-source contract. 

11 ‘‘(c) DEFINITIONS.—In this section: 

12 ‘‘(1) DISCRIMINATE.—The term ‘discriminate’ 

13 means to— 

14 ‘‘(A) make a judgement about a policy, 

15 practice, guidance, or directive on the basis 

16 of— 

17 ‘‘(i) partial criteria or a category18 based assessment analysis, rather than— 

19 ‘‘(I) on a case-by-case basis; or 

20 ‘‘(II) using empirical data evalu21 ated under quantifiable standards; or 

22 ‘‘(ii) criteria other than criteria free 

23 from— 

24 ‘‘(I) favoritism or prejudice 

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1 ty or trade association or the products 

2 or services sold by the firearm entity 

3 or trade association; or 

4 ‘‘(II) favoritism for market alter5 natives to the business of the firearm 

6 entity or the trade association; 

7 ‘‘(B) refuse to provide services, or deny, 

8 cancel, or limit services, to the firearm entity or 

9 trade association on the basis of criteria other 

10 than— 

11 ‘‘(i) criteria free from— 

12 ‘‘(I) favoritism or prejudice 

13 against or dislike for the firearm enti14 ty or trade association or the products 

15 or services sold by the firearm entity 

16 or trade association; or 

17 ‘‘(II) favoritism for market alter18 natives to the business of the firearm 

19 entity or the trade association; 

20 ‘‘(ii) criteria related to credit history 

21 and financial risk specific to a customer or 

22 potential customer; or 

23 ‘‘(iii) criteria related to noncompliance 

24 with Federal, State, or local law; or 


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1 ‘‘(C) limit the operations of the firearm en2 tity or trade association in manner not required 

3 by— 

4 ‘‘(i) Federal, State, or local law; or 

5 ‘‘(ii) Federal, State, or local regula6 tion. 

7 ‘‘(2) FIREARM ENTITY.—The term ‘firearm en8 tity’ means any— 

9 ‘‘(A) person who is licensed under section 

10 923 of title 18 to import, manufacture, or deal 

11 in firearms; 

12 ‘‘(B) seller of ammunition, as defined in 

13 section 7903 of title 15; 

14 ‘‘(C) manufacturer or importer of, or deal15 er in, a secure gun storage or safety device, as 

16 defined in section 921(a) of title 18; and 

17 ‘‘(D) manufacturer or importer of, or deal18 er in, a component part or accessory of a fire19 arm or ammunition. 

20 ‘‘(3) FIREARM TRADE ASSOCIATION.—The term 

21 ‘firearm trade association’ has the meaning in sec22 tion 7903 of title 15. 

23 ‘‘(4) FIRST-TIER SUBCONTRACT.—The term 

24 ‘first-tier subcontract’ means a subcontract entered 


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1 into by a subcontractor with the prime contractor 

2 for the purposes of carrying out the prime contract. 

3 ‘‘(5) LOWER-TIER SUBCONTRACTOR.—The term 

4 ‘lower-tier subcontractor’ means any person entering 

5 into a contract with a subcontractor of a prime con6 tractor for the purposes of carrying out the prime 

7 contract. 

8 ‘‘(6) PRIME CONTRACT; PRIME CONTRACTOR.— 

9 The terms ‘prime contract’ and ‘prime contractor’ 

10 have the meaning given those terms in section 8701 

11 of title 41.’’. 

12 (b) APPLICATION.—Section 4715 of title 41, United 

13 States Code, as added by subsection (a), shall apply with 

14 respect to contracts awarded on or after the date of the 

15 enactment of this Act. 

16 (c) CLERICAL AMENDMENT.—The table of sections 

17 for chapter 47 of title 41, United States Code, is amended 

18 by adding at the end the following: 

‘‘4715. Prohibition on entering into contracts with entities discriminating 

against firearm or ammunition industries.’’. 

Æ 


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