H.R. 8511 — Ending Discrimination in Government Contracting Act

This section terminates federal contracting set-asides, sole-source awards, subcontracting goals, and related programs for small business concerns owned and controlled by socially and economically disadvantaged individuals (i.e., the section 8(a) Business Development program) and small business concerns owned and controlled by women (i.e., the section 8(m) Women-Owned Small Business program) under the Small Business Act. Specifically, the section (1) repeals section 8(a)(4)-(8); (2) strikes section 8(m); (3) removes such businesses from prime contracting goals under section 8(a), set-aside considerations under section 8(d) and section 15(g), and subcontracting plans under section 8(d); and (4) eliminates related reporting, evaluation, and eligibility references throughout sections 2, 7, 8, 9, and 15. (Thus, such preferences will apply only to qualified HUBZone small business concerns and service-disabled veteran-owned small business concerns.)

This section modifies requirements for participation by small business concerns owned and controlled by socially and economically disadvantaged individuals (i.e., Disadvantaged Business Enterprises, or DBEs) in Department of Transportation (DOT) Airport Improvement Program grants by (1) reducing the goal for such participation to 5% of concession revenues (from 10%); and (2) striking multiple references to those businesses. The section further revises DOT's disadvantaged business provisions (49 U.S.C. 47113) by changing the section heading to "Small business concern and qualified HUBZone small business concern," striking definitions of disadvantaged individuals, and replacing certain references with "qualified HUBZone small business concerns" (i.e., those located in historically underutilized business zones as designated by the Small Business Administration). Finally, this section strikes an EPA administrative provision requiring small business set-asides for disadvantaged individuals (42 U.S.C. 4370d).

This section (1) redefines "qualified HUBZone small business concern" for federal procurement reporting purposes to conform to the definition in the Small Business Act and strikes reporting on 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; and (2) repeals the disadvantaged business enterprises program under the Energy Policy Act of 1992, which required the Department of Energy to maximize participation by such enterprises in its contracts and financial assistance activities.

This section prohibits heads of executive agencies from considering the race, ethnicity, or sex of individuals owning, controlling, or managing businesses when granting contracts or awards, or from requiring or encouraging contractors or grantees to do so, by adding new sections to 41 U.S.C. chapter 47 (civilian contracts, §4715) and 10 U.S.C. chapter 363 (defense contracts, §4663). It further directs each executive agency to submit proposed rulemaking within 60 days of enactment to remove regulations requiring or encouraging such considerations and to complete the rulemaking within 180 days, and to issue new guidance, directives, or notices within 60 days removing such references.