,,ii #aaith ,,congress #ast ,session ,s4 #acg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #af1 #bjbe,mr4 ,daines 7for himself1 ,mrs4 ,hyde-,smith1 ,ms4 ,lummis1 ,mr4 ,scott of ,florida1 ,mr4 ,cotton1 ,mr4 ,marshall1 ,mr4 ,risch1 ,mr4 ,wicker1 ,mr4 ,cramer1 ,mrs4 ,fischer1 ,mr4 ,budd1 ,mr4 ,cassidy1 ,mr4 ,crapo1 ,mr4 ,sheehy1 ,mr4 ,ricketts1 ,mrs4 ,britt1 ,mr4 ,lankford1 ,ms4 ,ernst1 ,mr4 ,schmitt1 ,mr4 ,graham1 ,mr4 ,hoeven1 and ,mr4 ,tillis7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend title #da1 ,united ,states ,code1 to prohibit the ,federal ,government from entering into contracts with an entity that discriminates against firearm or ammunition industries1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,firearm ,industry ,non-,discrimination ,act or the ,,find ,act4 #b4 ,prohibition on entering into contracts with entities discriminating against firearm or ammunition industries 7a7 ,prohibition ,chapter #dg of title #da1 ,united ,states ,code1 is amended by adding at the end the following3 #dgae4 ,prohibition on entering into contracts with entities discriminating against firearm or ammunition industries4 7a7 ,prohibition 7#a7 ,in general ,the head of an executive agency shall include in each contract for the procurement of goods or services awarded by the executive agency1 a clause requiring the prime contractor to certify that the contractor-- 7,a7 has no policy1 practice1 guidance1 or directive that discriminates against a firearm entity or firearm trade association2 and 7,b7 will not adopt a policy1 practice1 guidance1 or directive that discriminates against a firearm entity or firearm trade association during the term of the contract4 7#b7 ,subcontracts ,the head of an executive agency shall include in each contract for the procurement of goods or services awarded by the executive agency1 a clause that prohibits the prime contractor on such contract from-- 7,a7 awarding a first-tier subcontract with a value greater than #aj 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-- 7i7 has no policy1 practice1 guidance1 or directive that discriminates against a firearm entity or firearm trade association2 and 7ii7 will not adopt a policy1 practice1 guidance1 or directive that discriminates against a firearm entity or firearm trade association during the term of the contract2 and 7,b7 structuring subcontract tiers in a manner designed to avoid violating subparagraph 7,a7 by enabling a subcontractor to perform more than #aj percent of the total value of the prime contract as a lower-tier subcontractor4 7#c7 ,penalties ,the clause included in contracts pursuant to paragraph 7#a7 or paragraph 7#b7 shall provide that1 in the event that the prime contractor violates the clause-- 7,a7 the prime contract shall be terminated for default2 and 7,b7 a suspension or debarment proceeding will be initiated for the contractor on the basis of the violation4 7b7 ,exception ,subsection 7a7 shall not apply to a contract for the procurement of goods or services that is a sole-source contract4 7c7 ,definitions ,in this section3 7#a7 ,discriminate ,the term discriminate means to-- 7,a7 make a judgement about a policy1 practice1 guidance1 or directive on the basis of-- 7i7 partial criteria or a category-based assessment analysis1 rather than-- 7,i7 on a case-by-case basis2 or 7,,ii7 using empirical data evaluated under quantifiable standards2 or 7ii7 criteria other than criteria free from-- 7,i7 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 association2 or 7,,ii7 favoritism for market alternatives to the business of the firearm entity or the trade association2 7,b7 refuse to provide services1 or deny1 cancel1 or limit services1 to the firearm entity or trade association on the basis of criteria other than-- 7i7 criteria free from-- 7,i7 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 association2 or 7,,ii7 favoritism for market alternatives to the business of the firearm entity or the trade association2 7ii7 criteria related to credit history and financial risk specific to a customer or potential customer2 or 7iii7 criteria related to noncompliance with ,federal1 ,state1 or local law2 or 7,c7 limit the operations of the firearm entity or trade association in manner not required by-- 7i7 ,federal1 ,state1 or local law2 or 7ii7 ,federal1 ,state1 or local regulation4 7#b7 ,firearm entity ,the term firearm entity means any-- 7,a7 person who is licensed under section #ibc of title #ah to import1 manufacture1 or deal in firearms2 7,b7 seller of ammunition1 as defined in section #gijc of title #ae2 7,c7 manufacturer or importer of1 or dealer in1 a secure gun storage or safety device1 as defined in section #iba7;a7 of title #ah2 and 7,d7 manufacturer or importer of1 or dealer in1 a component part or accessory of a firearm or ammunition4 7#c7 ,firearm trade association ,the term firearm trade association has the meaning in section #gijc of title #ae4 7#d7 ,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 contract4 7#e7 ,lower-tier subcontractor ,the term lower-tier subcontractor means any person entering into a contract with a subcontractor of a prime contractor for the purposes of carrying out the prime contract4 7#f7 ,prime contract2 prime contractor ,the terms prime contract and prime contractor have the meaning given those terms in section #hgja of title #da4 4 7b7 ,application ,section #dgae of title #da1 ,united ,states ,code1 as added by subsection 7a71 shall apply with respect to contracts awarded on or after the date of the enactment of this ,act4 7c7 ,clerical amendment ,the table of sections for chapter #dg of title #da1 ,united ,states ,code1 is amended by adding at the end the following3 #dgae4 ,prohibition on entering into contracts with entities discriminating against firearm or ammunition industries4 4