,,ii #aahth ,,congress #b;d ,session ,s4 #ecff ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ba1 #bjbd,mr4 ,lee introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to end preferences for disadvantaged individuals and businesses in ,government contracts1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ending ,racism in ,government ,contracting ,act4 #b4 ,ending preferences for disadvantaged individuals and businesses in ,government contracts 7a7 ,small ,business ,act ,the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq47 is amended-- 7#a7 in section #b 7#ae ,u4,s4,c4 #fca7-- 7,a7 by repealing subsection 7f72 and 7,b7 in subsection 7h77#a77;,h71 by striking while not adversely affecting the rights of socially and economically disadvantaged individuals2 7#b7 in section #g 7#ae ,u4,s4,c4 #fcf7-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#ae77;,e7-- 7,i7 in clause 7i71 by striking including the number of loans and all that follows through the end of the clause and inserting the following3 including the number of loans made to cooperatives22 and 7,,ii7 in clause 7ii71 by striking including the number of financings and all that follows through the end of the clause and inserting the following3 including the number of financings made to cooperatives2 and2 and 7ii7 in paragraph 7#cf77,p77iv71 by striking small business concerns owned and controlled by socially and economically disadvantaged individuals 7as defined in section #h7;d77#c77;,c7712 and 7,b7 in subsection 7j7-- 7i7 in paragraph 7#aa77;,i77iii71 by striking and a distribution of concerns across all industry and all that follows through has been limited in the second sentence2 and 7ii7 in paragraph 7#af77;,b77iii71 by striking owned and controlled by other than socially and economically disadvantaged individuals2 7#c7 in section #h 7#ae ,u4,s4,c4 #fcg7-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a7-- 7,i7 by inserting and after the semicolon at the end2 7,,ii7 by striking subparagraphs 7,b7 and 7,c72 and 7,,iii7 by redesignating subparagraph 7,d7 as subparagraph 7,b72 7ii7 by repealing paragraphs 7#d7 through 7#h72 7iii7 in paragraph 7#i77;,b7-- 7,i7 by striking clause 7i72 and 7,,ii7 by redesignating clauses 7ii71 7iii71 and 7iv7 as clauses 7i71 7ii71 and 7iii71 respectively2 7iv7 in paragraph 7#aj71 in the second sentence1 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 subsection2 and 7v7 in paragraph 7#ab7-- 7,i7 in subparagraph 7,a71 by striking and ,disadvantaged2 7,,ii7 in subparagraph 7,c71 in the first sentence1 by striking 1 including those owned and controlled by socially and economically disadvantaged individuals12 and 7,,iii7 in subparagraph 7,d77i71 by striking and ,disadvantaged2 7,b7 in subsection 7d7-- 7i7 in paragraph 7#a71 by striking small business concerns owned and controlled by socially and economically disadvantaged individuals1 each place that term appears2 7ii7 in paragraph 7#c7-- 7,i7 in subparagraph 7,a71 by striking small business concerns owned and controlled by socially and economically disadvantaged individuals1 each place that term appears2 7,,ii7 by amending subparagraph 7,c7 to read as follows3 7,c7 ,as used in this contract1 the term small business concern shall mean a small business as defined pursuant to section #c of the ,small ,business ,act and relevant regulations promulgated pursuant thereto4 2 and 7,,iii7 in subparagraph 7,f71 by striking a small business concern owned and controlled by socially and economically disadvantaged individuals12 7iii7 in paragraph 7#d7-- 7,i7 in subparagraph 7,d71 by striking small business concerns owned and controlled by socially and economically disadvantaged individuals12 and 7,,ii7 in subparagraph 7,e71 by striking small business concerns owned and controlled by the socially and economically disadvantaged individuals as defined in paragraph 7#c7 of this subsection and for2 7iv7 in paragraph 7#f71 by striking small business concerns owned and controlled by socially and economically disadvantaged individuals1 each place that term appears2 7v7 in paragraph 7#aa77;,b71 by striking small business concerns owned and controlled by socially and economically disadvantaged individuals12 and 7vi7 in paragraph 7#ac77;,e77i71 by striking and ,disadvantaged2 and 7,c7 in subsection 7m71 by striking paragraphs 7#g7 and 7#h72 7#d7 in section #i7;j77#b77;,f7 7#ae ,u4,s4,c4 #fch7;j77#b77;,f771 by striking socially and economically disadvantaged small business concerns1 as defined in section #h7;a77#d71 and the participation of2 7#e7 in section #ae 7#ae ,u4,s4,c4 #fdd7-- 7,a7 in subsection 7e77#a77;,b71 by striking and ,disadvantaged2 7,b7 in subsection 7g7-- 7i7 in paragraph 7#a77;,a7-- 7,i7 in the matter preceding clause 7i71 by striking small business concerns owned and controlled by socially and economically disadvantaged individuals12 7,,ii7 by striking clause 7iv72 and 7,,iii7 by redesignating clause 7v7 as clause 7iv72 and 7ii7 in paragraph 7#b7-- 7,i7 in subparagraph 7,a71 by striking by small business concerns owned and controlled by socially and economically disadvantaged individuals12 7,,ii7 in subparagraph 7,b71 by striking small business concerns owned and controlled by socially and economically disadvantaged individuals12 7,,iii7 in subparagraph 7,d71 by striking small business concerns owned and controlled by socially and economically disadvantaged individuals12 and 7,,iv7 in subparagraph 7,f77ii71 by striking and ,disadvantaged2 7,c7 in subsection 7h77#b77;,e7-- 7i7 by striking clause 7iv72 and 7ii7 by redesignating clauses 7v7 through 7viii7 as clauses 7iv7 through 7vii71 respectively2 7,d7 in subsection 7k7-- 7i7 in the matter preceding paragraph 7#a71 by striking and ,disadvantaged2 7ii7 in paragraph 7#a71 by striking and ,disadvantaged2 and 7iii7 in paragraph 7#b71 by striking and ,disadvantaged2 7,e7 in subsection 7l77#b77;,g71 by striking and ,disadvantaged2 7,f7 in subsection 7s77#b77;,a71 by striking and ,disadvantaged2 and 7,g7 in subsection 7y7-- 7i7 in paragraph 7#b71 by striking small business concerns owned and controlled by socially and economically disadvantaged individuals1 each place that term appears2 7ii7 in paragraph 7#c77;,b71 by striking small business concerns owned and controlled by socially and economically disadvantaged individuals12 and 7iii7 in paragraph 7#d71 by striking subparagraph 7,d72 7#f7 in section #af 7#ae ,u4,s4,c4 #fde7-- 7,a7 in subsection 7d77#a71 in the matter preceding subparagraph 7,a71 by striking a small business concern owned and controlled by socially and economically disadvantaged individuals12 7,b7 in subsection 7e71 by striking a small business concern owned and controlled by socially and economically disadvantaged individuals12 and 7,c7 in subsection 7g77#b71 by striking and ,disadvantaged2 7#g7 in section #ba7;a77#e77;,d7 7#ae ,u4,s4,c4 #fdh7;a77#e77;,d771 by striking small business1 woman-owned business1 or socially and economically disadvantaged business and inserting small business or woman-owned business2 7#h7 in section #bb7l7 7#ae ,u4,s4,c4 #fdi7l77-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,c71 by inserting and at the end2 7ii7 by striking subparagraph 7,d72 and 7iii7 by redesignating subparagraph 7,e7 as subparagraph 7,d72 and 7,b7 in paragraph 7#c77;,b77ii7-- 7i7 by striking subclause 7,i72 and 7ii7 by redesignating subclauses 7,,ii7 and 7,,iii7 as subclauses 7,i7 and 7,,ii71 respectively2 and 7#i7 in section #de7;c77#a77;,b7 7#ae ,u4,s4,c4 #fegr7c77#a77;,b77-- 7,a7 in clause 7iii71 by inserting or after the semicolon at the end2 7,b7 by striking clause 7iv72 and 7,c7 by redesignating clause 7v7 as clause 7iv74 7b7 ,amendments to other ,acts 7#a7 ,american ,rescue ,plan ,act of #bjba ,the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b7 is amended-- 7,a7 in section #ejjc7;c77#c77;,a7 7#ae ,u4,s4,c4 #ijji;c7c77#c77;,a771 in the first sentence1 by striking 1 small business concerns owned and controlled by veterans and all that follows through the period at the end and inserting the following3 or small business concerns owned and controlled by veterans 7as defined in section #c7q7 of that ,act 7#ae ,u4,s4,c4 #fcb7q77742 and 7,b7 in section #ejjd7;a7 7#ae ,u4,s4,c4 #ijac7;a771 by amending paragraph 7#e7 to read as follows3 7#e7 ,eligible business ,the term eligible business means any small business concern1 with priority for small business concerns owned and controlled by women 7as defined in section #c7n7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7n777 and small business concerns owned and controlled by veterans 7as defined in section #c7q7 of that ,act 7#ae ,u4,s4,c4 #fcb7q7774 4 7#b7 ,consolidated ,appropriations ,act1 #bjje ,section #aee of subtitle ,e of title ,i of division ,k of the ,consolidated ,appropriations ,act1 #bjje 7#ae ,u4,s4,c4 #feg;g7 is repealed4 7#c7 ,federal ,acquisition ,streamlining ,act of #aiid ,section #gajd of the ,federal ,acquisition ,streamlining ,act of #aiid 7#ae ,u4,s4,c4 #fdd;a7 is amended-- 7,a7 in subsection 7b77#c71 by striking and ,disadvantaged2 and 7,b7 in subsection 7c77#c71 by striking and ,disadvantaged4 7#d7 ,minority ,business ,development ,act of #bjba ,the ,minority ,business ,development ,act of #bjba 7#ae ,u4,s4,c4 #ieba et seq47 is repealed4 7#e7 ,small ,business ,economic ,policy ,act of #aihj ,section #cjc7;e7 of the ,small ,business ,economic ,policy ,act of #aihj 7#ae ,u4,s4,c4 #fca;b7e77 is amended-- 7,a7 by striking paragraph 7#a72 and 7,b7 by redesignating paragraph 7#b71 the first paragraph 7#c7 7relating to qualified ,h,u,b,zone small business concerns71 and the second paragraph 7#c7 7relating to small business concerns owned and controlled by veterans7 as paragraphs 7#a71 7#b71 and 7#c71 respectively4 7#f7 ,small ,business ,investment ,act of #aieh ,section #daa7;c77#c77;,b7 of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fid;b7c77#c77;,b77 is amended by striking a small business concern owned and controlled by socially and economically disadvantaged individuals as defined by section #h7;d7 of the ,small ,business ,act1 or to4 7c7 ,technical and conforming amendments 7#a7 ,american ,recovery and ,reinvestment ,act of #bjji ,section #fjja7;h7 of the ,american ,recovery and ,reinvestment ,act of #bjji 7#dg ,u4,s4,c4 #acje7;h77 is amended-- 7,a7 in paragraph 7#a71 by inserting and after the semicolon2 7,b7 in paragraph 7#b77;,d71 by striking 2 and and inserting a period2 and 7,c7 by striking paragraph 7#c74 7#b7 ,,cares ,act ,title ,i of the ,,cares ,act 7#ae ,u4,s4,c4 #ijja et seq47 is amended-- 7,a7 in section #aajg7;a7 7#ae ,u4,s4,c4 #ijjf7;a771 by repealing paragraph 7#e72 and 7,b7 by repealing section #aajh 7#ae ,u4,s4,c4 #ijjg74 7#c7 ,energy ,policy ,act of #aiib ,section #cjba of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #aceef7 is amended-- 7,a7 in subsection 7a7-- 7i7 by striking paragraph 7#a72 and 7ii7 by redesignating paragraphs 7#b71 7#c71 and 7#d7 as paragraphs 7#a71 7#b71 and 7#c71 respectively2 and 7,b7 in subsection 7b7-- 7i7 by striking paragraph 7#b72 and 7ii7 by redesignating paragraph 7#c7 as paragraph 7#b74 7#d7 ,energy ,policy ,act of #bjje ,section #ajjc7;a77#a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcic7;a77#a77 is amended by striking 1 including socially and economically disadvantaged small business concerns 7as defined in section #h7;a77#d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;a77#d77714 7#e7 ,export-,import ,bank ,act of #aide ,the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce et seq47 is amended-- 7,a7 in section #b7;b77#a77;,e77iii77,,ii7 7#ab ,u4,s4,c4 #fce7;b77#a77;,e77iii77,,ii771 by striking to socially and economically disadvantaged small business concerns 7as defined in section #h7;a77#d7 of the ,small ,business ,act71 small business concerns 7as defined in section #c7;a7 of the ,small ,business ,act7 owned by women1 and and inserting the following3 to small business concerns 7as defined in section #c7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a777 owned by women and2 7,b7 in section #c7;i77#a7 7#ab ,u4,s4,c4 #fce;a7i77#a771 by striking socially and economically disadvantaged small business concerns 7as defined in section #h7;a77#d7 of the ,small ,business ,act7 and2 and 7,c7 in section #h 7#ab ,u4,s4,c4 #fce;g7-- 7i7 in subsection 7e71 by striking socially and economically disadvantaged small business concerns 7as defined in section #h7;a77#d7 of the ,small ,business ,act71 small business concerns 7as defined in section #c7;a7 of the ,small ,business ,act7 owned by women1 and and inserting small business concerns small business concerns 7as defined in section #c7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a777 owned by women and2 and 7ii7 in subsection 7f77#d71 by striking socially and economically disadvantaged small business concerns 7defined in section #h7;a77#d7 of the ,small ,business ,act7 and4 7#f7 ,federal ,acquisition ,streamlining ,act of #aiid ,section #gajd7;c7 of the ,federal ,acquisition ,streamlining ,act of #aiid 7#ae ,u4,s4,c4 #fdd;a7c77 is amended-- 7,a7 by striking paragraph 7#b72 and 7,b7 by redesignating paragraph 7#c7 as paragraph 7#b74 7#g7 ,small ,business ,act ,section #g7;j7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;j77 is amended-- 7,a7 in paragraph 7#aj77;,d77i71 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 #h7;a77#f72 and 7,b7 in paragraph 7#aa7-- 7i7 by striking subparagraph 7,b72 7ii7 by redesignating subparagraphs 7,c7 through 7,i7 as subparagraphs 7,b7 through 7,h71 respectively2 7iii7 in subparagraph 7,c71 as so redesignated1 by striking 7as defined pursuant to section #h7;a77#d772 and 7iv7 in subparagraph 7,e71 as so redesignated-- 7,i7 by striking clause 7i72 and 7,,ii7 by redesignating clauses 7ii7 through 7viii7 as clauses 7i7 through 7vii71 respectively4 7#h7 ,small ,business ,jobs ,act of #bjaj ,title ,,iii of the ,small ,business ,jobs ,act of #bjaj 7#ab ,u4,s4,c4 #egja et seq47 is amended-- 7,a7 in section #cjjb 7#ab ,u4,s4,c4 #egja7-- 7i7 by striking paragraph 7#ah72 and 7ii7 by redesignating paragraph 7#ai7 as paragraph 7#ah72 7,b7 in section #cjjc 7#ab ,u4,s4,c4 #egjb71 by repealing subsections 7d7 and 7e72 and 7,c7 in section #cjji7;e7 7#ab ,u4,s4,c4 #egjh7;e77-- 7i7 in paragraph 7#a7-- 7,i7 in the matter preceding subparagraph 7,a71 by striking business enterprises owned and controlled by socially and economically disadvantaged individuals1 to very small businesses and business enterprises owned and controlled by socially and economically disadvantaged individuals and inserting very small businesses2 and 7,,ii7 in subparagraph 7,b71 by adding and after the semicolon at the end2 7ii7 by striking paragraph 7#b72 7iii7 by redesignating paragraph 7#c7 as paragraph 7#b72 and 7iv7 in paragraph 7#b71 as so redesignated-- 7,i7 by striking 7with priority given to business enterprises owned and controlled by socially and economically disadvantaged individuals712 and 7,,ii7 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 enterprises4 7#i7 ,title #ea1 ,united ,states ,code ,section #cjcjd of title #ea1 ,united ,states ,code1 is repealed4 #c4 ,ending racial and ethnic participation goals for ,department of ,transportation financial assistance programs 7a7 ,written assurances for airport improvement project grants ,section #dgajg7;e7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking #aj percent and inserting #e percent2 and 7,b7 by striking small business concerns and all that follows through the period at the end and inserting disadvantaged business concerns 7as defined in section #dgaac7;a7 of this title742 7#b7 in paragraph 7#d77;,b71 in the second sentence1 by striking small business concern and all that follows through the period at the end and inserting disadvantaged business concern 7as defined in section #dgaac7;a7 of this title742 and 7#c7 in paragraph 7#f71 by striking small business concern and all that follows through ,small ,business ,act7 and inserting disadvantaged business concern 7as defined in section #dgaac7;a7 of this title74 7b7 ,disadvantaged business concern ,section #dgaac of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraph 7#b72 and 7,b7 by inserting the following3 7#b7 disadvantaged business concern and disadvantaged business enterprise mean a concern owned and controlled by women or a qualified ,h,u,b,zone small business concern2 and 2 7#b7 by striking subsection 7b72 7#c7 in subsection 7d71 by striking small business concerns referred to in subsection 7b7 of this section and inserting disadvantaged business concerns2 and 7#d7 by striking subsection 7e74 7c7 ,environmental ,protection ,agency ,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 ,development1 and ,independent ,agencies ,appropriations ,act1 #aiic1 is amended by striking the first paragraph 7#db ,u4,s4,c4 #dcgj;d74 #d4 ,ending racial and ethnic contracting goals in other government programs 7a7 ,elimination of reporting on small business concerns owned and controlled by socially and economically disadvantaged individuals ,section #agac of title #da1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraph 7#b72 and 7,b7 by redesignating paragraph 7#c7 as paragraph 7#b72 and 7#b7 in the first sentence of subsection 7b71 by striking 1 the number of small businesses owned and controlled by women1 and the number and all that follows through the period at the end and inserting and the number of small businesses owned and controlled by women44 7b7 ,disadvantaged business enterprises 7#a7 ,in general ,section #cjba of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #aceef7 is repealed4 7#b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,energy ,policy ,act of #aiib 7,public ,law #ajb-dhf2 #ajf ,stat4 #bghb7 is amended by striking the item relating to section #cjba4 #e4 ,ending all racial and ethnic discrimination in government contracting and awards 7a7 ,civilian contracts 7#a7 ,in general ,chapter #dg of title #da1 ,united ,states ,code1 is amended by adding at the end the following new section3 #dgae4 ,prohibition on racial and ethnic preferences in government contracts and awards ,the head of an executive agency may not-- 7#a7 take into consideration the race or ethnicity of individuals owning1 controlling1 or managing businesses or other entities when granting contracts or awards2 or 7#b7 place requirements on contractors or grantees that require or encourage them to take into consideration the race or ethnicity of individuals to whom they award contracts1 subcontracts1 or awards4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #dg of title #aj1 ,united ,states ,code1 is amended by inserting after the item relating to section #dgad the following new item3 #dgae4 ,prohibition on racial and ethnic preferences in government contracts and awards4 4 7b7 ,defense contracts 7#a7 ,in general ,chapter #cfc of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new section3 #dffc4 ,prohibition on racial and ethnic preferences in defense contracts and awards ,the head of an agency may not-- 7#a7 take into consideration the race or ethnicity of individuals owning1 controlling1 or managing businesses or other entities when granting contracts or awards2 or 7#b7 place requirements on contractors or grantees that require or encourage them to take into consideration the race or ethnicity of individuals to whom they award contracts1 subcontracts1 or awards4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #cfc of title #aj1 ,united ,states ,code1 is amended by inserting after the item relating to section #dffb the following new item3 #dffc4 ,prohibition on racial and ethnic preferences in defense contracts and awards4 4 7c7 ,rulemaking ,not later than #fj days after the date of the enactment of this ,act1 the head of each executive agency that has rules or regulations requiring or encouraging consideration of the racial or ethnic status of individuals to whom they grant contracts or awards shall submit a proposed rulemaking removing all such references4 ,the agency shall complete the rulemaking within #ahj days after the date of the enactment of this ,act4 7d7 ,guidance ,not later than #fj days after the date of the enactment of this ,act1 the head of each executive agency that has guidance documents1 directives1 or notices requiring or encouraging consideration of the racial or ethnic status of individuals to whom they grant contracts or awards shall submit new guidance1 directives1 or notices removing all such references4 7e7 ,executive agency defined ,in this section1 the term executive agency has the meaning given the term in section #acc of title #da1 ,united ,states ,code4