Sec. 5. Ending all racial, ethnic, and sex-based discrimination in government contracting and awards
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Chapter 47 of title 41, United States Code, is amended by adding at the end the following new section: The head of an executive agency may not— take into consideration the race, ethnicity, or sex of individuals owning, controlling, or managing businesses or other entities when granting contracts or awards; or place requirements on contractors or grantees that require or encourage them to take into consideration the race, ethnicity, or sex of individuals to whom they award contracts, subcontracts, or awards. .
The table of sections at the beginning of chapter 47 of title 10, United States Code, is amended by inserting after the item relating to section 4714 the following new item: 4715. Prohibition on racial, ethnic, and sex-based preferences in government contracts and awards. . Chapter 363 of title 10, United States Code, is amended by adding at the end the following new section: The head of an agency may not— take into consideration the race, ethnicity, or sex of individuals owning, controlling, or managing businesses or other entities when granting contracts or awards; or place requirements on contractors or grantees that require or encourage them to take into consideration the race, ethnicity, or sex of individuals to whom they award contracts, subcontracts, or awards. .
The table of sections at the beginning of chapter 363 of title 10, United States Code, is amended by inserting after the item relating to section 4662 the following new item: 4663. Prohibition racial, ethnic, and sex-based preferences in defense contracts and awards. . Not later than 60 days after the date of the enactment of this Act, the head of each executive agency that has rules or regulations requiring or encouraging consideration of the racial or ethnic status or sex of individuals to whom they grant contracts or awards shall submit a proposed rulemaking removing all such references.
The agency shall complete the rulemaking within 180 days after the date of the enactment of this Act. Not later than 60 days after the date of the enactment of this Act, the head of each executive agency that has guidance documents, directives, or notices requiring or encouraging consideration of the racial or ethnic status or sex of individuals to whom they grant contracts or awards shall submit new guidance, directives, or notices removing all such references. In this section, the term executive agency has the meaning given the term in section 133 of title 41, United States Code.