I 

118TH CONGRESS 

1ST SESSION H. R. 53 

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 HOUSE OF REPRESENTATIVES 

JANUARY 9, 2023 

Mr. BERGMAN (for himself, Mrs. CAMMACK, Mr. HUDSON, Mr. DAVIDSON, 

Mr. CRENSHAW, Ms. STEFANIK, Mr. BISHOP of North Carolina, Mr. 

NEWHOUSE, Mr. RESCHENTHALER, Mr. DUNCAN, Mr. LATURNER, Mr. 

FINSTAD, Mr. BUCK, Mr. PERRY, Mr. JOYCE of Pennsylvania, Mr. WITTMAN, Mr. VAN DREW, Mr. PFLUGER, Ms. TENNEY, Mr. SESSIONS, Mr. 

CRAWFORD, Mr. GRAVES of Louisiana, Mr. NORMAN, Mr. ELLZEY, Mr. 

JACKSON of Texas, Mrs. HARSHBARGER, Mr. MOOLENAAR, Mr. 

FEENSTRA, Mr. WALBERG, Mr. CARTER of Georgia, Mr. OWENS, Mr. 

HUIZENGA, Mr. CLOUD, Mr. GUEST, Mr. BIGGS, Mr. BOST, Mr. MOONEY, Mr. WEBER of Texas, Mr. AUSTIN SCOTT of Georgia, Mr. CLYDE, 

Mr. KELLY of Pennsylvania, Mr. NEHLS, Mr. BABIN, Mr. FLEISCHMANN, 

Mrs. BICE, Mr. KELLY of Mississippi, Mr. DUNN of Florida, Mr. 

FALLON, Mr. GROTHMAN, Mr. ISSA, Mr. HARRIS, Mrs. FISCHBACH, Mrs. 

MILLER of West Virginia, Mr. STEUBE, Mr. GOODEN of Texas, Mrs. 

MCCLAIN, Mr. MOORE of Utah, Mr. LATTA, Mr. MOORE of Alabama, and 

Mr. COMER) introduced the following bill; which was referred to the Committee on Oversight and Accountability 

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. 


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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’’. 

6 SEC. 2. PROHIBITION ON ENTERING INTO CONTRACTS 

7 WITH ENTITIES DISCRIMINATING AGAINST 

8 FIREARM OR AMMUNITION INDUSTRIES. 

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

10 States Code, is amended by adding at the end the fol11 lowing: 

12 ‘‘§ 4715. Prohibition on entering into contracts with 

13 entities discriminating against firearm or 

14 ammunition industries. 

15 ‘‘(a) PROHIBITION.— 

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

17 agency shall include in each contract for the pro18 curement of goods or services awarded by the execu19 tive agency, a clause requiring the prime contractor 

20 to certify that the contractor— 

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

22 directive that discriminates against a firearm 

23 entity or firearm trade association; and 

24 ‘‘(B) will not adopt a policy, practice, guid25 ance, or directive that discriminates against a 


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1 firearm entity or firearm trade association dur2 ing the term of the contract. 

3 ‘‘(2) SUBCONTRACTS.—The head of an execu4 tive agency shall include in each contract for the 

5 procurement of goods or services awarded by the ex6 ecutive agency, a clause that prohibits the prime 

7 contractor on such contract from— 

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

9 a value greater than 10 percent of the total 

10 value of the prime contract to an entity that 

11 fails to certify in writing to the prime con12 tractor that the entity— 

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

14 or directive that discriminates against a 

15 firearm entity or firearm trade association; 

16 and 

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

18 guidance, or directive that discriminates 

19 against a firearm entity or firearm trade 

20 association during the term of the con21 tract; and 

22 ‘‘(B) structuring subcontract tiers in a 

23 manner designed to avoid violating subpara24 graph (A) by enabling a subcontractor to per25 form more than 10 percent of the total value of 


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1 the prime contract as a lower-tier subcon2 tractor. 

3 ‘‘(3) PENALTIES.—The clause included in con4 tracts pursuant to paragraph (1) or paragraph (2) 

5 shall provide that, in the event that the prime con6 tractor violates the clause— 

7 ‘‘(A) the prime contract shall be termi8 nated for default; and 

9 ‘‘(B) a suspension or debarment pro10 ceeding will be initiated for the contractor on 

11 the basis of the violation. 

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

13 a contract for the procurement of goods or services that 

14 is a sole-source contract. 

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

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

17 means to— 

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

19 practice, guidance, or directive on the basis 

20 of— 

21 ‘‘(i) partial criteria or a category22 based assessment analysis, rather than— 

23 ‘‘(I) on a case-by-case basis; or 

24 ‘‘(II) using empirical data evalu25 ated under quantifiable standards; or 


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1 ‘‘(ii) criteria other than criteria free 

2 from— 

3 ‘‘(I) favoritism or prejudice 

4 against or dislike for the firearm enti5 ty or trade association or the products 

6 or services sold by the firearm entity 

7 or trade association; or 

8 ‘‘(II) favoritism for market alter9 natives to the business of the firearm 

10 entity or the trade association; 

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

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

13 trade association on the basis of criteria other 

14 than— 

15 ‘‘(i) criteria free from— 

16 ‘‘(I) favoritism or prejudice 

17 against or dislike for the firearm enti18 ty or trade association or the products 

19 or services sold by the firearm entity 

20 or trade association; or 

21 ‘‘(II) favoritism for market alter22 natives to the business of the firearm 

23 entity or the trade association; 


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1 ‘‘(ii) criteria related to credit history 

2 and financial risk specific to a customer or 

3 potential customer; or 

4 ‘‘(iii) criteria related to noncompliance 

5 with Federal, State, or local law; or 

6 ‘‘(C) limit the operations of the firearm en7 tity or trade association in manner not required 

8 by— 

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

10 ‘‘(ii) Federal, State, or local regula11 tion. 

12 ‘‘(2) FIREARM ENTITY.—The term ‘firearm en13 tity’ means any— 

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

15 923 of title 18 to import, manufacture, or deal 

16 in firearms; 

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

18 section 7903 of title 15; 

19 ‘‘(C) manufacturer or importer of, or deal20 er in, a secure gun storage or safety device, as 

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

22 ‘‘(D) manufacturer or importer of, or deal23 er in, a component part or accessory of a fire24 arm or ammunition. 


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

2 ‘firearm trade association’ has the meaning in sec3 tion 7903 of title 15. 

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

5 ‘first-tier subcontract’ means a subcontract entered 

6 into by a subcontractor with the prime contractor 

7 for the purposes of carrying out the prime contract. 

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

9 ‘lower-tier subcontractor’ means any person entering 

10 into a contract with a subcontractor of a prime con11 tractor for the purposes of carrying out the prime 

12 contract. 

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

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

15 have the meaning given those terms in section 8701 

16 of title 41.’’. 

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

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

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

20 enactment of this Act. 

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

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

23 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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