Ending Federal contracting preferences for small businesses owned and controlled by socially and economically disadvantaged individuals and small businesses owned and controlled by women

(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)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). (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 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:

(5)

Eligible business

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)).

(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 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. (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 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. (6)

Federal Acquisition Streamlining Act of 1994

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). (7)

Small Business Act

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. (8)

Small Business Jobs Act of 2010

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. (9)

Title 51, United States Code

Section 30304 of title 51, United States Code, is repealed.