Ending Discrimination in Government Contracting Act
- Bill Number
- H.R. 8511
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2026-04-27: Referred to the Committee on Oversight and Government Reform, 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.
- Last Updated
- 2026-05-14T19:30:47Z
AI-Generated Summary
Purpose
The Ending Discrimination in Government Contracting Act (H.R. 8511) seeks to eliminate federal contracting preferences, set-asides, goals, and reporting requirements based on race, ethnicity, gender, or social/economic disadvantage status of business owners. It preserves programs for businesses in historically underutilized business zones (HUBZones, defined as economically distressed areas) and those owned by service-disabled veterans.
Key Provisions
- Amendments to Small Business Act (15 U.S.C. 631 et seq.):
- Repeals or strikes all references to preferences for small businesses owned/controlled by socially/economically disadvantaged individuals (e.g., 8(a) program) and women (e.g., WOSB program).
- Removes subcontracting goals, evaluation credits, and reporting for these groups.
- Retains HUBZone and service-disabled veteran-owned small business programs.
- Ends certain loan and financing reporting tied to disadvantaged status.
- Amendments to Other Laws:
- Repeals or modifies provisions in acts like the American Rescue Plan Act (2021), CARES Act (2020), Minority Business Development Act (2021), and others to remove disadvantaged/women-owned preferences.
- Adjusts Department of Transportation (DOT) airport grants: Reduces small business assurance goal from 10% to 5% and eliminates disadvantaged individual references.
- New Prohibitions (Section 5):
- Adds sections to Titles 41 (civilian agencies) and 10 (defense) of U.S. Code banning consideration of race, ethnicity, or sex in awarding contracts/awards.
- Prohibits agencies from requiring contractors/grantees to consider these factors in subcontracts.
- Requires agencies to propose rule changes within 60 days and finalize within 180 days; issue new guidance within 60 days removing such references.
Significant Changes to Existing Law
- Dismantles Core Programs: Ends the 8(a) Business Development program (mentoring/set-asides for disadvantaged firms) and Women-Owned Small Business (WOSB) set-asides.
- Eliminates Goals and Reporting: Removes mandatory subcontracting targets (e.g., 5-10% for disadvantaged firms) and annual reporting on awards to these groups.
- Streamlines Procurement: Shifts to race/gender-neutral small business contracting, focusing only on size, HUBZone location, and veteran status.
- Repeals Specific Laws: Fully repeals the Minority Business Development Act (2021) and sections of older acts like the Consolidated Appropriations Act (2005).
Potential Impacts
- Government Agencies: Small Business Administration (SBA), Department of Defense (DoD), DOT, and others must overhaul procurement rules, guidance, and reporting—potentially simplifying processes but requiring short-term administrative effort.
- Citizens and Businesses:
- Businesses owned by minorities, women, or disadvantaged individuals lose preferential access, facing stiffer competition.
- All other small businesses gain equal footing in bidding.
- Could lead to more cost-competitive contracts for taxpayers.
- International Relations: No direct impact noted.
Main Stakeholders Affected
- Primary Losers: Owners of small businesses certified as socially/economically disadvantaged (often racial minorities) and women-owned firms.
- Beneficiaries: Non-preferred small businesses, larger competitors, and general taxpayers.
- Government Entities: SBA (major program changes), DoD, DOT, General Services Administration (GSA), and executive agencies with contracting authority.
- Others: Veteran-owned and HUBZone businesses (programs retained/prioritized).
Notable Legal, Constitutional, or Political Implications
- Legal: Mandates race/gender-neutral contracting, aligning with Supreme Court precedents against race-based classifications (e.g., strict scrutiny under Equal Protection Clause); may preempt state/local preferences via federal supremacy.
- Constitutional: Frames preferences as "discrimination," promoting color-blind government procurement under 14th Amendment.
- Political: Referred to committees on Oversight, Small Business, Transportation, and Armed Services; could spark debates on equity vs. merit in public spending. No funding or effective date specified beyond rulemaking timelines.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2026-04-27: Referred to the Committee on Oversight and Government Reform, 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.
- 2026-04-27: Referred to the Committee on Oversight and Government Reform, 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.
- 2026-04-27: Referred to the Committee on Oversight and Government Reform, 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.
- 2026-04-27: Referred to the Committee on Oversight and Government Reform, 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.
- 2026-04-27: Introduced in House
- 2026-04-27: Introduced in House
Bill Versions
- Ending Discrimination in Government Contracting Act — issued 2026-04-27 — PDF (31 pages)