Ending Discrimination in Government Contracting Act

The Small Business Act (15 U.S.C. 631 et seq.) is amended—

(1) in section 2 (15 U.S.C. 631)—

(A) by repealing subsection (f); and

(B) in subsection (h)(1)(H), by striking while not adversely affecting the rights of socially and economically disadvantaged individuals;

(2) in section 7 (15 U.S.C. 636)—

(A) in subsection (a)—

(i) in paragraph (15)(E)—

(I) in clause (i), by striking including the number of loans and all that follows through the end of the clause and inserting the following: including the number of loans made to cooperatives;; and

(II) in clause (ii), by striking including the number of financings and all that follows through the end of the clause and inserting the following: including the number of financings made to cooperatives; and; and

(ii) in paragraph (36)(P)(iv), by striking small business concerns owned and controlled by socially and economically disadvantaged individuals (as defined in section 8(d)(3)(C)),; and

(B) in subsection (j)—

(i) in paragraph (11)(I)(iii), by striking and a distribution of concerns across all industry and all that follows through has been limited in the second sentence; and

(ii) in paragraph (16)(B)(iii), by striking owned and controlled by other than socially and economically disadvantaged individuals;

(3) in section 8 (15 U.S.C. 637)—

(A) in subsection (a)—

(i) in paragraph (1)—

(I) in subparagraph (A), by inserting and after the semicolon at the end;

(II) by striking subparagraphs (B) and (C); and

(III) by redesignating subparagraph (D) as subparagraph (B);

(ii) by repealing paragraphs (4) through (8);

(iii) in paragraph (9)(B)—

(I) by striking clause (i); and

(II) by redesignating clauses (ii), (iii), and (iv) as clauses (i), (ii), and (iii), respectively;

(iv) in paragraph (10), in the second sentence, by striking and from small disadvantaged business concerns in industry categories that have not substantially participated in the award of contracts let under the authority of this subsection; and

(v) in paragraph (12)—

(I) in subparagraph (A), by striking and Disadvantaged;

(II) in subparagraph (C), in the first sentence, by striking, including those owned and controlled by socially and economically disadvantaged individuals,; and

(III) in subparagraph (D)(i), by striking and Disadvantaged;

(B) in subsection (d)—

(i) in paragraph (1), by striking qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women each place that term appears and inserting and qualified HUBZone small business concerns;

(ii) in paragraph (3)—

(I) in subparagraph (A), by striking qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women each place that term appears and inserting and qualified HUBZone small business concerns;

(II) by amending subparagraph (C) to read as follows:

(C) As used in this contract, the term small business concern shall mean a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto.; and

(III) in subparagraph (F), by striking small business concern owned and controlled by service-disabled veterans, a small business concern owned and controlled by socially and economically disadvantaged individuals, or a small business concern owned and controlled by women and inserting or a small business concern owned and controlled by service-disabled veterans;

(iii) in paragraph (4)—

(I) in subparagraph (D), by striking small business concerns owned and controlled by service-disabled veterans, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women and inserting and small business concerns owned and controlled by service-disabled veterans; and

(II) in subparagraph (E), by striking qualified HUBZone small business concerns, small business concerns owned and controlled by the socially and economically disadvantaged individuals as defined in paragraph (3) of this subsection and for small business concerns owned and controlled by women and inserting and qualified HUBZone small business concerns;

(iv) in paragraph (6), by striking qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women each place that term appears and inserting and qualified HUBZone small business concerns;

(v) in paragraph (11)(B), by striking qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women and inserting and qualified HUBZone small business concerns; and

(vi) in paragraph (13)(E)(i), by striking and Disadvantaged;

(C) by striking subsection (m); and

(D) by redesignating subsection (n) as subsection (m);

(4) in section 9 (15 U.S.C. 638)—

(A) in subsection (b)(7), by repealing subparagraph (C); and

(B) in subsection (j)(2), by repealing subparagraph (F);

(5) in section 15 (15 U.S.C. 644)—

(A) in subsection (e)(1)(B), by striking and Disadvantaged;

(B) in subsection (g)—

(i) in paragraph (1)(A)—

(I) in the matter preceding clause (i), by striking qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women and inserting and qualified HUBZone small business concerns; and

(II) by striking clauses (iv) and (v);

(ii) in paragraph (2)—

(I) in subparagraph (A), by striking by qualified HUBZone small business concerns, by small business concerns owned and controlled by socially and economically disadvantaged individuals, and by small business concerns owned and controlled by women and inserting and by qualified HUBZone small business concerns;

(II) in subparagraph (B), by striking qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women and inserting and qualified HUBZone small business concerns;

(III) in subparagraph (D), by striking, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women and inserting and qualified HUBZone small business concerns; and

(IV) in subparagraph (F)(ii), by striking and Disadvantaged; and

(iii) in paragraph (3), by striking qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women and inserting and qualified HUBZone small business concerns;

(C) in subsection (h)—

(i) in paragraph (1)(A), by striking qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women and inserting and qualified HUBZone small business concerns;

(ii) in paragraph (2)—

(I) in subparagraph (E)—

(aa) in clause (i)(VI), by striking small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and controlled by women,;

(bb) in clause (ii)(VII), by striking small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and controlled by women,;

(cc) in clause (iii)(VIII), by striking small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and controlled by women,;

(dd) by striking clause (iv);

(ee) by redesignating clauses (v), (vi), and (vii) as clauses (iv), (v), and (vi), respectively;

(ff) in clause (iv), as so redesignated—

(AA) by striking subclause (IV); and

(BB) by redesignating subclauses (V) and (VI) as subclauses (IV) and (V), respectively;

(gg) in clause (v), as so redesignated—

(AA) by striking subclause (IV); and

(BB) by redesignating subclauses (V) and (VI) as subclauses (IV) and (V), respectively;

(hh) in clause (vi), as so redesignated—

(AA) by striking subclause (IV); and

(BB) by redesignating subclauses (V) and (VI) as subclauses (IV) and (V), respectively; and

(ii) by striking clause (viii); and

(II) in subparagraph (F), by striking qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women and inserting and qualified HUBZone small business concerns; and

(iii) in paragraph (4)(A)(ii)—

(I) in subclause (I), by adding and at the end;

(II) by striking subclause (II);

(III) by redesignating subclause (III) as subclause (II);

(IV) in subclause (II), as so redesignated, by striking; and and inserting a period; and

(V) by striking subclause (IV);

(D) in subsection (k)—

(i) in the matter preceding paragraph (1), by striking and Disadvantaged;

(ii) in paragraph (1), by striking and Disadvantaged; and

(iii) in paragraph (2), by striking and Disadvantaged;

(E) in subsection (l)(2)(G), by striking and Disadvantaged;

(F) in subsection (s)(2)(A), by striking and Disadvantaged; and

(G) in subsection (y)—

(i) in paragraph (1), by striking qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women and inserting and qualified HUBZone small business concerns;

(ii) in paragraph (2), by striking qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women each place that term appears and inserting and qualified HUBZone small business concerns;

(iii) in paragraph (3)(B), by striking qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women and inserting and qualified HUBZone small business concerns; and

(iv) in paragraph (4)—

(I) by striking subparagraphs (A) and (D); and

(II) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively;

(6) in section 16 (15 U.S.C. 645)—

(A) in subsection (d)(1), in the matter preceding subparagraph (A), by striking a small business concern owned and controlled by veterans, a small business concern owned and controlled by socially and economically disadvantaged individuals, or a small business concern owned and controlled by women and inserting or a small business concern owned and controlled by veterans;

(B) in subsection (e), by striking a small business concern owned and controlled by veterans, a small business concern owned and controlled by socially and economically disadvantaged individuals, or a small business concern owned and controlled by women and inserting or a small business concern owned and controlled by veterans; and

(C) in subsection (g)(2), by striking and Disadvantaged;

(7) in section 21(a)(5)(D) (15 U.S.C. 648(a)(5)(D)), by striking small business, woman-owned business, or socially and economically disadvantaged business and inserting small business;

(8) in section 22(l) (15 U.S.C. 649(l))—

(A) in paragraph (1)—

(i) in subparagraph (C), by inserting and at the end;

(ii) by striking subparagraph (D); and

(iii) by redesignating subparagraph (E) as subparagraph (D); and

(B) in paragraph (3)(B)(ii)—

(i) by striking subclause (I); and

(ii) by redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively; and

(9) in section 45(c)(1)(B) (15 U.S.C. 657r(c)(1)(B))—

(A) in clause (iii), by inserting or after the semicolon at the end;

(B) by striking clause (iv); and

(C) by redesignating clause (v) as clause (iv).

The American Rescue Plan Act of 2021 (Public Law 117–2) is amended—

(A) in section 5003(c)(3)(A) (15 U.S.C. 9009c(c)(3)(A)), in the first sentence, by striking small business concerns owned and controlled by women and all that follows through the period at the end and inserting the following: or small business concerns owned and controlled by veterans (as defined in section 3(q) of that Act (15 U.S.C. 632(q))).; and

(B) in section 5004(a) (15 U.S.C. 9013(a)), by amending paragraph (5) to read as follows:

The term eligible business means any small business concern, with priority for small business concerns owned and controlled by veterans, as defined in section 3(q) of the Small Business Act (15 U.S.C. 632(q)).

Section 155 of subtitle E of title I of division K of the Consolidated Appropriations Act, 2005 (15 U.S.C. 657g) is repealed.

Section 7104 of the Federal Acquisition Streamlining Act of 1994 (15 U.S.C. 644a) is amended—

(A) in subsection (b)(3), by striking and Disadvantaged; and

(B) in subsection (c)(3), by striking and Disadvantaged.

The Minority Business Development Act of 2021 (15 U.S.C. 9521 et seq.) is repealed.

Section 303(e) of the Small Business Economic Policy Act of 1980 (15 U.S.C. 631b(e)) is amended—

(A) by striking paragraphs (1) and (2); and

(B) by redesignating the first paragraph (3) (relating to qualified HUBZone small business concerns), and the second paragraph (3) (relating to small business concerns owned and controlled by veterans) as paragraphs (1) and (2), respectively.

Section 411(c)(3)(B) of the Small Business Investment Act of 1958 (15 U.S.C. 694b(c)(3)(B)) is amended by striking a small business concern owned and controlled by socially and economically disadvantaged individuals as defined by section 8(d) of the Small Business Act, or to.

Section 6001(h) of the American Recovery and Reinvestment Act of 2009 (47 U.S.C. 1305(h)) is amended—

(A) in paragraph (1), by inserting and after the semicolon;

(B) in paragraph (2)(D), by striking; and and inserting a period; and

(C) by striking paragraph (3).

Title I of the CARES Act (15 U.S.C. 9001 et seq.) is amended—

(A) in section 1107(a) (15 U.S.C. 9006(a)), by repealing paragraph (5); and

(B) by repealing section 1108 (15 U.S.C. 9007).

Section 3021 of the Energy Policy Act of 1992 (42 U.S.C. 13556) is amended—

(A) in subsection (a)—

(i) by striking paragraph (1); and

(ii) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; and

(B) in subsection (b)—

(i) by striking paragraph (2); and

(ii) by redesignating paragraph (3) as paragraph (2).

Section 1003(a)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16393(a)(1)) is amended by striking, including socially and economically disadvantaged small business concerns (as defined in section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4))),.

The Export-Import Bank Act of 1945 (12 U.S.C. 635 et seq.) is amended—

(A) in section 2(b)(1)(E)(iii)(II) (12 U.S.C. 635(b)(1)(E)(iii)(II)), by striking socially and economically disadvantaged small business concerns (as defined in section 8(a)(4) of the Small Business Act), small business concerns (as defined in section 3(a) of the Small Business Act) owned by women, and;

(B) in section 3 (12 U.S.C. 635a(i)), by repealing subsection (i); and

(C) in section 8 (12 U.S.C. 635g)—

(i) in subsection (e), by striking socially and economically disadvantaged small business concerns (as defined in section 8(a)(4) of the Small Business Act), small business concerns (as defined in section 3(a) of the Small Business Act) owned by women, and; and

(ii) in subsection (f)—

(I) by striking paragraph (4); and

(II) by redesignating paragraphs (5) through (8) as paragraphs (4) through (7), respectively.

Section 7104(c) of the Federal Acquisition Streamlining Act of 1994 (15 U.S.C. 644a(c)) is amended—

(A) by striking paragraph (2); and

(B) by redesignating paragraph (3) as paragraph (2).

The Small Business Act (15 U.S.C. 631 et seq.) is amended—

(A) in section 7(j) (15 U.S.C. 636(j))—

(i) in paragraph (10)(D)(i), by striking and shall be designed to result in the Program Participant eliminating the conditions or circumstances upon which the Administration determined eligibility pursuant to section 8(a)(6); and

(ii) in paragraph (11)—

(I) by striking subparagraph (B);

(II) by redesignating subparagraphs (C) through (I) as subparagraphs (B) through (H), respectively;

(III) in subparagraph (C), as so redesignated, by striking (as defined pursuant to section 8(a)(4)); and

(IV) in subparagraph (E), as so redesignated—

(aa) by striking clause (i); and

(bb) by redesignating clauses (ii) through (viii) as clauses (i) through (vii), respectively; and

(B) in section 46(e) (15 U.S.C. 657s(e))—

(i) in paragraph (1)—

(I) by striking subparagraph (B); and

(II) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D); and

(ii) in paragraph (2)—

(I) by striking subparagraphs (C) and (D); and

(II) by redesignating subparagraphs (E) and (F) as subparagraphs (C) and (D), respectively.

Title III of the Small Business Jobs Act of 2010 (12 U.S.C. 5701 et seq.) is amended—

(A) in section 3002 (12 U.S.C. 5701)—

(i) by striking paragraph (18); and

(ii) by redesignating paragraph (19) as paragraph (18);

(B) in section 3003 (12 U.S.C. 5702), by repealing subsections (d) and (e); and

(C) in section 3009(e) (12 U.S.C. 5708(e))—

(i) in paragraph (1)—

(I) in the matter preceding subparagraph (A), by striking business enterprises owned and controlled by socially and economically disadvantaged individuals, to very small businesses and business enterprises owned and controlled by socially and economically disadvantaged individuals and inserting very small businesses; and

(II) in subparagraph (B), by adding and after the semicolon at the end;

(ii) by striking paragraph (2);

(iii) by redesignating paragraph (3) as paragraph (2); and

(iv) in paragraph (2), as so redesignated—

(I) by striking (with priority given to business enterprises owned and controlled by socially and economically disadvantaged individuals),; and

(II) by striking to provide technical assistance to business enterprises owned and controlled by socially and economically disadvantaged individuals and inserting to provide technical assistance to business enterprises.

Section 30304 of title 51, United States Code, is repealed.

Section 47107(e) of title 49, United States Code, is amended—

(1) in paragraph (1)—

(A) by striking 10 percent and inserting 5 percent; and

(B) by striking small business concerns (as defined by regulations of the Secretary) owned and controlled by a socially and economically disadvantaged individual (as defined in section 47113(a) of this title) or;

(2) in paragraph (4)(B), in the second sentence, by striking small business concern owned and controlled by a socially and economically disadvantaged individual or as a; and

(3) in paragraph (6), by striking small business concern owned and controlled by a socially and economically disadvantaged individual or a.

Section 47113 of title 49, United States Code, is amended—

(1) in the section heading, by striking Minority and disadvantaged business and inserting Small business concern and qualified HUBZone small business concern;

(2) in subsection (a)—

(A) by striking paragraph (2); and

(B) by redesignating paragraph (3) as paragraph (2);

(3) by striking subsections (b) and (e);

(4) by redesignating subsections (c), (d), and (f) as subsections (b), (c), and (d), respectively;

(5) in subsection (c) (as redesignated by paragraph (3)), by striking small business concerns referred to in subsection (b) of this section and inserting qualified HUBZone small business concerns; and

(6) in subsection (d)(1) (as redesignated by paragraph (3)), by striking small business concerns referred to in subsection (b) and inserting qualified HUBZone small business concerns.

The matter under the heading Administrative Provisions under the heading Environmental Protection Agency under the heading Independent Agencies in title III of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1993, is amended by striking the first paragraph (42 U.S.C. 4370d).

Section 1713 of title 41, United States Code, is amended—

(1) by amending subsection (a) to read as follows:

In this section, the term qualified HUBZone small business concern has the meaning given that term in section 31(b) of the Small Business Act (15 U.S.C. 657a(b)).; and

(2) in the first sentence of subsection (b), by striking, the number of small businesses owned and controlled by women, and the number of small business concerns owned by socially and economically disadvantaged individuals, by gender,.

Section 3021 of the Energy Policy Act of 1992 (42 U.S.C. 13556) is repealed.

The table of contents in section 1(b) of the Energy Policy Act of 1992 (Public Law 102–486; 106 Stat. 2782) is amended by striking the item relating to section 3021.

Chapter 47 of title 41, United States Code, is amended by adding at the end the following new section:

The head of an executive agency may not—

(1) take into consideration the race, ethnicity, or sex of individuals owning, controlling, or managing businesses or other entities when granting contracts or awards; or

(2) place requirements on contractors or grantees that require or encourage them to take into consideration the race, ethnicity, or sex of individuals to whom they award contracts, subcontracts, or awards.

The table of sections at the beginning of chapter 47 of title 10, United States Code, is amended by inserting after the item relating to section 4714 the following new item:

Chapter 363 of title 10, United States Code, is amended by adding at the end the following new section:

The head of an agency may not—

(1) take into consideration the race, ethnicity, or sex of individuals owning, controlling, or managing businesses or other entities when granting contracts or awards; or

(2) place requirements on contractors or grantees that require or encourage them to take into consideration the race, ethnicity, or sex of individuals to whom they award contracts, subcontracts, or awards.

The table of sections at the beginning of chapter 363 of title 10, United States Code, is amended by inserting after the item relating to section 4662 the following new item:

Not later than 60 days after the date of the enactment of this Act, the head of each executive agency that has rules or regulations requiring or encouraging consideration of the racial or ethnic status or sex of individuals to whom they grant contracts or awards shall submit a proposed rulemaking removing all such references. The agency shall complete the rulemaking within 180 days after the date of the enactment of this Act.

Not later than 60 days after the date of the enactment of this Act, the head of each executive agency that has guidance documents, directives, or notices requiring or encouraging consideration of the racial or ethnic status or sex of individuals to whom they grant contracts or awards shall submit new guidance, directives, or notices removing all such references.

In this section, the term executive agency has the meaning given the term in section 133 of title 41, United States Code.