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. WITT-
MAN, 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. MOON-
EY, 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 Com-
mittee on Oversight and Accountability 
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. 
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Be it enacted by the Senate and House of Representa-
tives 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 fol-
lowing: 
‘‘§ 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 pro-
curement of goods or services awarded by the execu-
tive 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, guid-
ance, or directive that discriminates against a 
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firearm entity or firearm trade association dur-
ing the term of the contract. 
‘‘(2) SUBCONTRACTS.—The head of an execu-
tive agency shall include in each contract for the 
procurement of goods or services awarded by the ex-
ecutive 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 con-
tractor 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 con-
tract; and 
‘‘(B) structuring subcontract tiers in a 
manner designed to avoid violating subpara-
graph (A) by enabling a subcontractor to per-
form more than 10 percent of the total value of 
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the prime contract as a lower-tier subcon-
tractor. 
‘‘(3) PENALTIES.—The clause included in con-
tracts pursuant to paragraph (1) or paragraph (2) 
shall provide that, in the event that the prime con-
tractor violates the clause— 
‘‘(A) the prime contract shall be termi-
nated for default; and 
‘‘(B) a suspension or debarment pro-
ceeding 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 evalu-
ated under quantifiable standards; or 
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‘‘(ii) criteria other than criteria free 
from— 
‘‘(I) 
favoritism 
or 
prejudice 
against or dislike for the firearm enti-
ty or trade association or the products 
or services sold by the firearm entity 
or trade association; or 
‘‘(II) favoritism for market alter-
natives 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 enti-
ty or trade association or the products 
or services sold by the firearm entity 
or trade association; or 
‘‘(II) favoritism for market alter-
natives to the business of the firearm 
entity or the trade association; 
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‘‘(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 en-
tity or trade association in manner not required 
by— 
‘‘(i) Federal, State, or local law; or 
‘‘(ii) Federal, State, or local regula-
tion. 
‘‘(2) FIREARM ENTITY.—The term ‘firearm en-
tity’ 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 deal-
er in, a secure gun storage or safety device, as 
defined in section 921(a) of title 18; and 
‘‘(D) manufacturer or importer of, or deal-
er in, a component part or accessory of a fire-
arm or ammunition. 
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‘‘(3) FIREARM TRADE ASSOCIATION.—The term 
‘firearm trade association’ has the meaning in sec-
tion 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 con-
tractor 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.’’. 
Æ 
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