[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5366 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5366
To end preferences for disadvantaged individuals and businesses in
Government contracts, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 21, 2024
Mr. Lee introduced the following bill; 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 contracts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending Racism in Government
Contracting Act''.
SEC. 2. ENDING PREFERENCES FOR DISADVANTAGED INDIVIDUALS AND BUSINESSES
IN GOVERNMENT CONTRACTS.
(a) Small Business 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) 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 ``small
business concerns owned and controlled by
socially and economically disadvantaged
individuals,'' each place that term appears;
(ii) in paragraph (3)--
(I) in subparagraph (A), by
striking ``small business concerns
owned and controlled by socially and
economically disadvantaged
individuals,'' each place that term
appears;
(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 ``a small business concern
owned and controlled by socially and
economically disadvantaged
individuals,'';
(iii) in paragraph (4)--
(I) in subparagraph (D), by
striking ``small business concerns
owned and controlled by socially and
economically disadvantaged
individuals,''; and
(II) in subparagraph (E), by
striking ``small business concerns
owned and controlled by the socially
and economically disadvantaged
individuals as defined in paragraph (3)
of this subsection and for'';
(iv) in paragraph (6), by striking ``small
business concerns owned and controlled by
socially and economically disadvantaged
individuals,'' each place that term appears;
(v) in paragraph (11)(B), by striking
``small business concerns owned and controlled
by socially and economically disadvantaged
individuals,''; and
(vi) in paragraph (13)(E)(i), by striking
``and Disadvantaged''; and
(C) in subsection (m), by striking paragraphs (7)
and (8);
(4) in section 9(j)(2)(F) (15 U.S.C. 638(j)(2)(F)), by
striking ``socially and economically disadvantaged small
business concerns, as defined in section 8(a)(4), and the
participation of'';
(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 ``small business
concerns owned and controlled by
socially and economically disadvantaged
individuals,'';
(II) by striking clause (iv); and
(III) by redesignating clause (v)
as clause (iv); and
(ii) in paragraph (2)--
(I) in subparagraph (A), by
striking ``by small business concerns
owned and controlled by socially and
economically disadvantaged
individuals,'';
(II) in subparagraph (B), by
striking ``small business concerns
owned and controlled by socially and
economically disadvantaged
individuals,'';
(III) in subparagraph (D), by
striking ``small business concerns
owned and controlled by socially and
economically disadvantaged
individuals,''; and
(IV) in subparagraph (F)(ii), by
striking ``and Disadvantaged'';
(C) in subsection (h)(2)(E)--
(i) by striking clause (iv); and
(ii) by redesignating clauses (v) through
(viii) as clauses (iv) through (vii),
respectively;
(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 (2), by striking ``small
business concerns owned and controlled by
socially and economically disadvantaged
individuals,'' each place that term appears;
(ii) in paragraph (3)(B), by striking
``small business concerns owned and controlled
by socially and economically disadvantaged
individuals,''; and
(iii) in paragraph (4), by striking
subparagraph (D);
(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 socially and
economically disadvantaged individuals','';
(B) in subsection (e), by striking ``a `small
business concern owned and controlled by socially and
economically disadvantaged individuals',''; 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 or woman-owned 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).
(b) Amendments to Other Acts.--
(1) American rescue plan act of 2021.--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
veterans'' 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:
``(5) Eligible business.--The term `eligible business'
means any small business concern, with priority for small
business concerns owned and controlled by women (as defined in
section 3(n) of the Small Business Act (15 U.S.C. 632(n))) and
small business concerns owned and controlled by veterans (as
defined in section 3(q) of that Act (15 U.S.C. 632(q))).''.
(2) Consolidated appropriations act, 2005.--Section 155 of
subtitle E of title I of division K of the Consolidated
Appropriations Act, 2005 (15 U.S.C. 657g) is repealed.
(3) Federal acquisition streamlining act of 1994.--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''.
(4) Minority business development act of 2021.--The
Minority Business Development Act of 2021 (15 U.S.C. 9521 et
seq.) is repealed.
(5) Small business economic policy act of 1980.--Section
303(e) of the Small Business Economic Policy Act of 1980 (15
U.S.C. 631b(e)) is amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraph (2), 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), (2), and
(3), respectively.
(6) Small business investment act of 1958.--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''.
(c) Technical and Conforming Amendments.--
(1) American recovery and reinvestment act of 2009.--
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).
(2) CARES act.--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).
(3) Energy policy act of 1992.--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).
(4) Energy policy act of 2005.--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))),''.
(5) Export-import bank act of 1945.--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 ``to 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
inserting the following: ``to small business concerns
(as defined in section 3(a) of the Small Business Act
(15 U.S.C. 632(a))) owned by women and'';
(B) in section 3(i)(1) (12 U.S.C. 635a(i)(1)), by
striking ``socially and economically disadvantaged
small business concerns (as defined in section 8(a)(4)
of the Small Business Act) and''; 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