I 

118TH CONGRESS 

2D SESSION H. R. 10216 

To end preferences for disadvantaged individuals and businesses in 

Government contracts, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 21, 2024 

Mr. GROTHMAN (for himself, Mrs. LUNA, Mr. OWENS, Mr. TIFFANY, Mr. 

CRENSHAW, Mr. WEBER of Texas, Mrs. LESKO, Mr. NORMAN, and Mr. 

GOOD of Virginia) introduced the following bill; which was referred to the 

Committee on Oversight and Accountability, and in addition to the Committees on Small Business, Transportation and Infrastructure, and 

Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To end preferences for disadvantaged individuals and 

businesses in Government contracts, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ending Racism in Gov5 ernment Contracting Act’’. 


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1 SEC. 2. ENDING PREFERENCES FOR DISADVANTAGED INDI2 VIDUALS AND BUSINESSES IN GOVERNMENT 

3 CONTRACTS. 

4 (a) SMALL BUSINESS ACT.—The Small Business Act 

5 (15 U.S.C. 631 et seq.) is amended— 

6 (1) in section 2 (15 U.S.C. 631)— 

7 (A) by repealing subsection (f); and 

8 (B) in subsection (h)(1)(H), by striking 

9 ‘‘while not adversely affecting the rights of so10 cially and economically disadvantaged individ11 uals’’; 

12 (2) in section 7 (15 U.S.C. 636)— 

13 (A) in subsection (a)— 

14 (i) in paragraph (15)(E)— 

15 (I) in clause (i), by striking ‘‘in16 cluding the number of loans’’ and all 

17 that follows through the end of the 

18 clause and inserting the following: 

19 ‘‘including the number of loans made 

20 to cooperatives;’’; and 

21 (II) in clause (ii), by striking ‘‘in22 cluding the number of financings’’ 

23 and all that follows through the end 

24 of the clause and inserting the fol25 lowing: ‘‘including the number of 


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1 financings made to cooperatives; 

2 and’’; and 

3 (ii) in paragraph (36)(P)(iv), by strik4 ing ‘‘small business concerns owned and 

5 controlled by socially and economically dis6 advantaged individuals (as defined in sec7 tion 8(d)(3)(C)),’’; and 

8 (B) in subsection (j)— 

9 (i) in paragraph (11)(I)(iii), by strik10 ing ‘‘and a distribution of concerns across 

11 all industry’’ and all that follows through 

12 ‘‘has been limited’’ in the second sentence; 

13 and 

14 (ii) in paragraph (16)(B)(iii), by 

15 striking ‘‘owned and controlled by other 

16 than socially and economically disadvan17 taged individuals’’; 

18 (3) in section 8 (15 U.S.C. 637)— 

19 (A) in subsection (a)— 

20 (i) in paragraph (1)— 

21 (I) in subparagraph (A), by in22 serting ‘‘and’’ after the semicolon at 

23 the end; 

24 (II) by striking subparagraphs 

25 (B) and (C); and 


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1 (III) by redesignating subpara2 graph (D) as subparagraph (B); 

3 (ii) by repealing paragraphs (4) 

4 through (8); 

5 (iii) in paragraph (9)(B)— 

6 (I) by striking clause (i); and 

7 (II) by redesignating clauses (ii), 

8 (iii), and (iv) as clauses (i), (ii), and 

9 (iii), respectively; 

10 (iv) in paragraph (10), in the second 

11 sentence, by striking ‘‘and from small dis12 advantaged business concerns in industry 

13 categories that have not substantially par14 ticipated in the award of contracts let 

15 under the authority of this subsection’’; 

16 and 

17 (v) in paragraph (12)— 

18 (I) in subparagraph (A), by strik19 ing ‘‘and Disadvantaged’’; 

20 (II) in subparagraph (C), in the 

21 first sentence, by striking ‘‘, including 

22 those owned and controlled by socially 

23 and economically disadvantaged indi24 viduals,’’; and 


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1 (III) in subparagraph (D)(i), by 

2 striking ‘‘and Disadvantaged’’; 

3 (B) in subsection (d)— 

4 (i) in paragraph (1), by striking 

5 ‘‘small business concerns owned and con6 trolled by socially and economically dis7 advantaged individuals,’’ each place that 

8 term appears; 

9 (ii) in paragraph (3)— 

10 (I) in subparagraph (A), by strik11 ing ‘‘small business concerns owned 

12 and controlled by socially and eco13 nomically disadvantaged individuals,’’ 

14 each place that term appears; 

15 (II) by amending subparagraph 

16 (C) to read as follows: 

17 ‘‘(C) As used in this contract, the term 

18 ‘small business concern’ shall mean a small 

19 business as defined pursuant to section 3 of the 

20 Small Business Act and relevant regulations 

21 promulgated pursuant thereto.’’; and 

22 (III) in subparagraph (F), by 

23 striking ‘‘a small business concern 

24 owned and controlled by socially and 


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1 economically disadvantaged individ2 uals,’’; 

3 (iii) in paragraph (4)— 

4 (I) in subparagraph (D), by 

5 striking ‘‘small business concerns 

6 owned and controlled by socially and 

7 economically disadvantaged individ8 uals,’’; and 

9 (II) in subparagraph (E), by 

10 striking ‘‘small business concerns 

11 owned and controlled by the socially 

12 and economically disadvantaged indi13 viduals as defined in paragraph (3) of 

14 this subsection and for’’; 

15 (iv) in paragraph (6), by striking 

16 ‘‘small business concerns owned and con17 trolled by socially and economically dis18 advantaged individuals,’’ each place that 

19 term appears; 

20 (v) in paragraph (11)(B), by striking 

21 ‘‘small business concerns owned and con22 trolled by socially and economically dis23 advantaged individuals,’’; and 

24 (vi) in paragraph (13)(E)(i), by strik25 ing ‘‘and Disadvantaged’’; and 


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1 (C) in subsection (m), by striking para2 graphs (7) and (8); 

3 (4) in section 9(j)(2)(F) (15 U.S.C. 

4 638(j)(2)(F)), by striking ‘‘socially and economically 

5 disadvantaged small business concerns, as defined in 

6 section 8(a)(4), and the participation of’’; 

7 (5) in section 15 (15 U.S.C. 644)— 

8 (A) in subsection (e)(1)(B), by striking 

9 ‘‘and Disadvantaged’’; 

10 (B) in subsection (g)— 

11 (i) in paragraph (1)(A)— 

12 (I) in the matter preceding clause 

13 (i), by striking ‘‘small business con14 cerns owned and controlled by socially 

15 and economically disadvantaged indi16 viduals,’’; 

17 (II) by striking clause (iv); and 

18 (III) by redesignating clause (v) 

19 as clause (iv); and 

20 (ii) in paragraph (2)— 

21 (I) in subparagraph (A), by strik22 ing ‘‘by small business concerns 

23 owned and controlled by socially and 

24 economically disadvantaged individ25 uals,’’; 


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1 (II) in subparagraph (B), by 

2 striking ‘‘small business concerns 

3 owned and controlled by socially and 

4 economically disadvantaged individ5 uals,’’; 

6 (III) in subparagraph (D), by 

7 striking ‘‘small business concerns 

8 owned and controlled by socially and 

9 economically disadvantaged individ10 uals,’’; and 

11 (IV) in subparagraph (F)(ii), by 

12 striking ‘‘and Disadvantaged’’; 

13 (C) in subsection (h)(2)(E)— 

14 (i) by striking clause (iv); and 

15 (ii) by redesignating clauses (v) 

16 through (viii) as clauses (iv) through (vii), 

17 respectively; 

18 (D) in subsection (k)— 

19 (i) in the matter preceding paragraph 

20 (1), by striking ‘‘and Disadvantaged’’; 

21 (ii) in paragraph (1), by striking ‘‘and 

22 Disadvantaged’’; and 

23 (iii) in paragraph (2), by striking 

24 ‘‘and Disadvantaged’’; 


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1 (E) in subsection (l)(2)(G), by striking 

2 ‘‘and Disadvantaged’’; 

3 (F) in subsection (s)(2)(A), by striking 

4 ‘‘and Disadvantaged’’; and 

5 (G) in subsection (y)— 

6 (i) in paragraph (2), by striking 

7 ‘‘small business concerns owned and con8 trolled by socially and economically dis9 advantaged individuals,’’ each place that 

10 term appears; 

11 (ii) in paragraph (3)(B), by striking 

12 ‘‘small business concerns owned and con13 trolled by socially and economically dis14 advantaged individuals,’’; and 

15 (iii) in paragraph (4), by striking sub16 paragraph (D); 

17 (6) in section 16 (15 U.S.C. 645)— 

18 (A) in subsection (d)(1), in the matter pre19 ceding subparagraph (A), by striking ‘‘a ‘small 

20 business concern owned and controlled by so21 cially and economically disadvantaged individ22 uals’,’’; 

23 (B) in subsection (e), by striking ‘‘a ‘small 

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1 cially and economically disadvantaged individ2 uals’,’’; and 

3 (C) in subsection (g)(2), by striking ‘‘and 

4 Disadvantaged’’; 

5 (7) in section 21(a)(5)(D) (15 U.S.C. 

6 648(a)(5)(D)), by striking ‘‘small business, woman7 owned business, or socially and economically dis8 advantaged business’’ and inserting ‘‘small business 

9 or woman-owned business’’; 

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

11 (A) in paragraph (1)— 

12 (i) in subparagraph (C), by inserting 

13 ‘‘and’’ at the end; 

14 (ii) by striking subparagraph (D); and 

15 (iii) by redesignating subparagraph 

16 (E) as subparagraph (D); and 

17 (B) in paragraph (3)(B)(ii)— 

18 (i) by striking subclause (I); and 

19 (ii) by redesignating subclauses (II) 

20 and (III) as subclauses (I) and (II), re21 spectively; and 

22 (9) in section 45(c)(1)(B) (15 U.S.C. 

23 657r(c)(1)(B))— 

24 (A) in clause (iii), by inserting ‘‘or’’ after 

25 the semicolon at the end; 


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1 (B) by striking clause (iv); and 

2 (C) by redesignating clause (v) as clause 

3 (iv). 

4 (b) AMENDMENTS TO OTHER ACTS.— 

5 (1) AMERICAN RESCUE PLAN ACT OF 2021.— 

6 The American Rescue Plan Act of 2021 (Public Law 

7 117–2) is amended— 

8 (A) in section 5003(c)(3)(A) (15 U.S.C. 

9 9009c(c)(3)(A)), in the first sentence, by strik10 ing ‘‘, small business concerns owned and con11 trolled by veterans’’ and all that follows through 

12 the period at the end and inserting the fol13 lowing: ‘‘or small business concerns owned and 

14 controlled by veterans (as defined in section 

15 3(q) of that Act (15 U.S.C. 632(q))).’’; and 

16 (B) in section 5004(a) (15 U.S.C. 

17 9013(a)), by amending paragraph (5) to read 

18 as follows: 

19 ‘‘(5) ELIGIBLE BUSINESS.—The term ‘eligible 

20 business’ means any small business concern, with 

21 priority for small business concerns owned and con22 trolled by women (as defined in section 3(n) of the 

23 Small Business Act (15 U.S.C. 632(n))) and small 

24 business concerns owned and controlled by veterans 


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1 (as defined in section 3(q) of that Act (15 U.S.C. 

2 632(q))).’’. 

3 (2) SMALL BUSINESS REAUTHORIZATION AND

4 MANUFACTURING ASSISTANCE ACT OF 2004.—Section 

5 155 of the Small Business Reauthorization and 

6 Manufacturing Assistance Act of 2004 (15 U.S.C. 

7 657g) is repealed. 

8 (3) FEDERAL ACQUISITION STREAMLINING ACT

9 OF 1994.—Section 7104 of the Federal Acquisition 

10 Streamlining Act of 1994 (15 U.S.C. 644a) is 

11 amended— 

12 (A) in subsection (b)(3), by striking ‘‘and 

13 Disadvantaged’’; and 

14 (B) in subsection (c)(3), by striking ‘‘and 

15 Disadvantaged’’. 

16 (4) MINORITY BUSINESS DEVELOPMENT ACT OF

17 2021.—The Minority Business Development Act of 

18 2021 (15 U.S.C. 9521 et seq.) is repealed. 

19 (5) SMALL BUSINESS ECONOMIC POLICY ACT OF

20 1980.—Section 303(e) of the Small Business Eco21 nomic Policy Act of 1980 (15 U.S.C. 631b(e)) is 

22 amended— 

23 (A) by striking paragraph (1); and 

24 (B) by redesignating paragraph (2), the 

25 first paragraph (3) (relating to qualified 


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1 HUBZone small business concerns), and the 

2 second paragraph (3) (relating to small busi3 ness concerns owned and controlled by vet4 erans) as paragraphs (1), (2), and (3), respec5 tively. 

6 (6) SMALL BUSINESS INVESTMENT ACT OF

7 1958.—Section 411(c)(3)(B) of the Small Business 

8 Investment Act of 1958 (15 U.S.C. 694b(c)(3)(B)) 

9 is amended by striking ‘‘a small business concern 

10 owned and controlled by socially and economically 

11 disadvantaged individuals as defined by section 8(d) 

12 of the Small Business Act, or to’’. 

13 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

14 (1) AMERICAN RECOVERY AND REINVESTMENT

15 ACT OF 2009.—Section 6001(h) of the American Re16 covery and Reinvestment Act of 2009 (47 U.S.C. 

17 1305(h)) is amended— 

18 (A) in paragraph (1), by inserting ‘‘and’’ 

19 after the semicolon; 

20 (B) in paragraph (2)(D), by striking ‘‘; 

21 and’’ and inserting a period; and 

22 (C) by striking paragraph (3). 

23 (2) CARES ACT.—Title I of the CARES Act 

24 (15 U.S.C. 9001 et seq.) is amended— 


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1 (A) in section 1107(a) (15 U.S.C. 

2 9006(a)), by repealing paragraph (5); and 

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

4 9007). 

5 (3) ENERGY POLICY ACT OF 1992.—Section 

6 3021 of the Energy Policy Act of 1992 (42 U.S.C. 

7 13556) is amended— 

8 (A) in subsection (a)— 

9 (i) by striking paragraph (1); and 

10 (ii) by redesignating paragraphs (2), 

11 (3), and (4) as paragraphs (1), (2), and 

12 (3), respectively; and 

13 (B) in subsection (b)— 

14 (i) by striking paragraph (2); and 

15 (ii) by redesignating paragraph (3) as 

16 paragraph (2). 

17 (4) ENERGY POLICY ACT OF 2005.—Section 

18 1003(a)(1) of the Energy Policy Act of 2005 (42 

19 U.S.C. 16393(a)(1)) is amended by striking ‘‘, in20 cluding socially and economically disadvantaged 

21 small business concerns (as defined in section 

22 8(a)(4) of the Small Business Act (15 U.S.C. 

23 637(a)(4))),’’. 


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1 (5) EXPORT-IMPORT BANK ACT OF 1945.—The 

2 Export-Import Bank Act of 1945 (12 U.S.C. 635 et 

3 seq.) is amended— 

4 (A) in section 2(b)(1)(E)(iii)(II) (12 

5 U.S.C. 635(b)(1)(E)(iii)(II)), by striking ‘‘to 

6 socially and economically disadvantaged small 

7 business concerns (as defined in section 8(a)(4) 

8 of the Small Business Act), small business con9 cerns (as defined in section 3(a) of the Small 

10 Business Act) owned by women, and’’ and in11 serting the following: ‘‘to small business con12 cerns (as defined in section 3(a) of the Small 

13 Business Act (15 U.S.C. 632(a))) owned by 

14 women and’’; 

15 (B) in section 3(i)(1) (12 U.S.C. 

16 635a(i)(1)), by striking ‘‘socially and economi17 cally disadvantaged small business concerns (as 

18 defined in section 8(a)(4) of the Small Business 

19 Act) and’’; and 

20 (C) in section 8 (12 U.S.C. 635g)— 

21 (i) in subsection (e), by striking ‘‘so22 cially and economically disadvantaged 

23 small business concerns (as defined in sec24 tion 8(a)(4) of the Small Business Act), 

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1 tion 3(a) of the Small Business Act) owned 

2 by women, and’’ and inserting ‘‘small busi3 ness concerns small business concerns (as 

4 defined in section 3(a) of the Small Busi5 ness Act (15 U.S.C. 632(a))) owned by 

6 women and’’; and 

7 (ii) in subsection (f)(4), by striking 

8 ‘‘socially and economically disadvantaged 

9 small business concerns (defined in section 

10 8(a)(4) of the Small Business Act) and’’. 

11 (6) FEDERAL ACQUISITION STREAMLINING ACT

12 OF 1994.—Section 7104(c) of the Federal Acquisition 

13 Streamlining Act of 1994 (15 U.S.C. 644a(c)) is 

14 amended— 

15 (A) by striking paragraph (2); and 

16 (B) by redesignating paragraph (3) as 

17 paragraph (2). 

18 (7) SMALL BUSINESS ACT.—Section 7(j) of the 

19 Small Business Act (15 U.S.C. 636(j)) is amend20 ed— 

21 (A) in paragraph (10)(D)(i), by striking 

22 ‘‘and shall be designed to result in the Program 

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1 termined eligibility pursuant to section 

2 8(a)(6)’’; and 

3 (B) in paragraph (11)— 

4 (i) by striking subparagraph (B); 

5 (ii) by redesignating subparagraphs 

6 (C) through (I) as subparagraphs (B) 

7 through (H), respectively; 

8 (iii) in subparagraph (C), as so redes9 ignated, by striking ‘‘(as defined pursuant 

10 to section 8(a)(4))’’; and 

11 (iv) in subparagraph (E), as so redes12 ignated— 

13 (I) by striking clause (i); and 

14 (II) by redesignating clauses (ii) 

15 through (viii) as clauses (i) through 

16 (vii), respectively. 

17 (8) SMALL BUSINESS JOBS ACT OF 2010.—Title 

18 III of the Small Business Jobs Act of 2010 (12 

19 U.S.C. 5701 et seq.) is amended— 

20 (A) in section 3002 (12 U.S.C. 5701)— 

21 (i) by striking paragraph (18); and 

22 (ii) by redesignating paragraph (19) 

23 as paragraph (18); 

24 (B) in section 3003 (12 U.S.C. 5702), by 

25 repealing subsections (d) and (e); and 


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1 (C) in section 3009(e) (12 U.S.C. 

2 5708(e))— 

3 (i) in paragraph (1)— 

4 (I) in the matter preceding sub5 paragraph (A), by striking ‘‘business 

6 enterprises owned and controlled by 

7 socially and economically disadvan8 taged individuals, to very small busi9 nesses and business enterprises owned 

10 and controlled by socially and eco11 nomically disadvantaged individuals’’ 

12 and inserting ‘‘very small businesses’’; 

13 and 

14 (II) in subparagraph (B), by add15 ing ‘‘and’’ after the semicolon at the 

16 end; 

17 (ii) by striking paragraph (2); 

18 (iii) by redesignating paragraph (3) as 

19 paragraph (2); and 

20 (iv) in paragraph (2), as so redesig21 nated— 

22 (I) by striking ‘‘(with priority 

23 given to business enterprises owned 

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1 nomically disadvantaged individ2 uals),’’; and 

3 (II) by striking ‘‘to provide tech4 nical assistance to business enter5 prises owned and controlled by so6 cially and economically disadvantaged 

7 individuals’’ and inserting ‘‘to provide 

8 technical assistance to business enter9 prises’’. 

10 (9) TITLE 51, UNITED STATES CODE.—Section 

11 30304 of title 51, United States Code, is repealed. 

12 SEC. 3. ENDING RACIAL AND ETHNIC PARTICIPATION 

13 GOALS FOR DEPARTMENT OF TRANSPOR14 TATION FINANCIAL ASSISTANCE PROGRAMS. 

15 (a) WRITTEN ASSURANCES FOR AIRPORT IMPROVE16 MENT PROJECT GRANTS.—Section 47107(e) of title 49, 

17 United States Code, is amended— 

18 (1) in paragraph (1)— 

19 (A) by striking ‘‘10 percent’’ and inserting 

20 ‘‘5 percent’’; and 

21 (B) by striking ‘‘small business concerns’’ 

22 and all that follows through the period at the 

23 end and inserting ‘‘disadvantaged business con24 cerns (as defined in section 47113(a) of this 

25 title).’’; 


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1 (2) in paragraph (4)(B), in the second sentence, 

2 by striking ‘‘small business concern’’ and all that 

3 follows through the period at the end and inserting 

4 ‘‘disadvantaged business concern (as defined in sec5 tion 47113(a) of this title).’’; and 

6 (3) in paragraph (6), by striking ‘‘small busi7 ness concern’’ and all that follows through ‘‘Small 

8 Business Act)’’ and inserting ‘‘disadvantaged busi9 ness concern (as defined in section 47113(a) of this 

10 title)’’. 

11 (b) DISADVANTAGED BUSINESS CONCERN.—Section 

12 47113 of title 49, United States Code, is amended— 

13 (1) in subsection (a)— 

14 (A) by striking paragraph (2); and 

15 (B) by inserting the following: 

16 ‘‘(2) ‘disadvantaged business concern’ and ‘dis17 advantaged business enterprise’ mean a concern 

18 owned and controlled by women or a qualified 

19 HUBZone small business concern; and’’; 

20 (2) by striking subsection (b); 

21 (3) in subsection (d), by striking ‘‘small busi22 ness concerns referred to in subsection (b) of this 

23 section’’ and inserting ‘‘disadvantaged business con24 cerns’’; and 

25 (4) by striking subsection (e). 


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1 (c) ENVIRONMENTAL PROTECTION AGENCY.—The 

2 matter under the heading ‘‘ADMINISTRATIVE PROVISIONS’’ 

3 under the heading ‘‘ENVIRONMENTAL PROTECTION AGEN4 CY’’ under the heading ‘‘INDEPENDENT AGENCIES’’ 

5 in title III of the Departments of Veterans Affairs and 

6 Housing and Urban Development, and Independent Agen7 cies Appropriations Act, 1993, (42 U.S.C. 4370d) is 

8 amended by striking the first paragraph. 

9 SEC. 4. ENDING RACIAL AND ETHNIC CONTRACTING GOALS 

10 IN OTHER GOVERNMENT PROGRAMS. 

11 (a) ELIMINATION OF REPORTING ON SMALL BUSI12 NESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY

13 AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.— 

14 Section 1713 of title 41, United States Code, is amend15 ed— 

16 (1) in subsection (a)— 

17 (A) by striking paragraph (2); and 

18 (B) by redesignating paragraph (3) as 

19 paragraph (2); and 

20 (2) in the first sentence of subsection (b), by 

21 striking ‘‘, the number of small businesses owned 

22 and controlled by women, and the number’’ and all 

23 that follows through the period at the end and in24 serting ‘‘and the number of small businesses owned 

25 and controlled by women.’’. 


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1 (b) DISADVANTAGED BUSINESS ENTERPRISES.— 

2 (1) IN GENERAL.—Section 3021 of the Energy 

3 Policy Act of 1992 (42 U.S.C. 13556) is repealed. 

4 (2) CLERICAL AMENDMENT.—The table of con5 tents in section 1(b) of the Energy Policy Act of 

6 1992 (Public Law 102–486; 106 Stat. 2782) is 

7 amended by striking the item relating to section 

8 3021. 

9 SEC. 5. ENDING ALL RACIAL AND ETHNIC DISCRIMINATION 

10 IN GOVERNMENT CONTRACTING AND 

11 AWARDS. 

12 (a) CIVILIAN CONTRACTS.— 

13 (1) IN GENERAL.—Chapter 47 of title 41, 

14 United States Code, is amended by adding at the 

15 end the following new section: 

16 ‘‘§ 4715. Prohibition on racial and ethnic preferences 

17 in government contracts and awards 

18 ‘‘The head of an executive agency may not— 

19 ‘‘(1) take into consideration the race or eth20 nicity of individuals owning, controlling, or man21 aging businesses or other entities when granting 

22 contracts or awards; or 

23 ‘‘(2) place requirements on contractors or 

24 grantees that require or encourage them to take into 

25 consideration the race or ethnicity of individuals to 


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1 whom they award contracts, subcontracts, or 

2 awards.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 47 of title 41, 

5 United States Code, is amended by inserting after 

6 the item relating to section 4714 the following new 

7 item: 

‘‘4715. Prohibition on racial and ethnic preferences in government contracts and 

awards.’’. 

8 (b) DEFENSE CONTRACTS.— 

9 (1) IN GENERAL.—Chapter 363 of title 10, 

10 United States Code, is amended by adding at the 

11 end the following new section: 

12 ‘‘§ 4663. Prohibition on racial and ethnic preferences 

13 in defense contracts and awards 

14 ‘‘The head of an agency may not— 

15 ‘‘(1) take into consideration the race or eth16 nicity of individuals owning, controlling, or man17 aging businesses or other entities when granting 

18 contracts or awards; or 

19 ‘‘(2) place requirements on contractors or 

20 grantees that require or encourage them to take into 

21 consideration the race or ethnicity of individuals to 

22 whom they award contracts, subcontracts, or 

23 awards.’’. 


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•HR 10216 IH

1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 363 of title 10, 

3 United States Code, is amended by inserting after 

4 the item relating to section 4662 the following new 

5 item: 

‘‘4663. Prohibition on racial and ethnic preferences in defense contracts and 

awards.’’. 

6 (c) RULEMAKING.—Not later than 60 days after the 

7 date of the enactment of this Act, the head of each execu8 tive agency that has rules or regulations requiring or en9 couraging consideration of the racial or ethnic status of 

10 individuals to whom they grant contracts or awards shall 

11 submit a proposed rulemaking removing all such ref12 erences. The agency shall complete the rulemaking within 

13 180 days after the date of the enactment of this Act. 

14 (d) GUIDANCE.—Not later than 60 days after the 

15 date of the enactment of this Act, the head of each execu16 tive agency that has guidance documents, directives, or no17 tices requiring or encouraging consideration of the racial 

18 or ethnic status of individuals to whom they grant con19 tracts or awards shall submit new guidance, directives, or 

20 notices removing all such references. 

21 (e) EXECUTIVE AGENCY DEFINED.—In this section, 

22 the term ‘‘executive agency’’ has the meaning given the 

23 term in section 133 of title 41, United States Code. 

Æ 


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