[Congressional Record (Bound Edition), Volume 149 (2003), Part 1]
[Extensions of Remarks]
[Page 275]
[From the U.S. Government Publishing Office, www.gpo.gov]




  A BILL TO CREATE FEDERAL ADVERTISING PROCUREMENT OPPORTUNITIES FOR 
           MINORITY BUSINESS CONCERNS, AND FOR OTHER PURPOSES

                                 ______
                                 

                       HON. CAROLYN C. KILPATRICK

                              of michigan

                    in the house of representatives

                        Tuesday, January 7, 2003

  Ms. KILPATRICK. Mr. Speaker, small, disadvantaged businesses have 
been denied access to prominent contracting and subcontracting 
opportunities across the spectrum of industry. Many entrepreneurs and 
small businesses have either been hurt or put out of business by the 
gross disparity between procurement opportunities they receive and 
those received by large, majority owned businesses. In response to this 
inequity, former President Clinton enacted an executive order in 
October 2000 to improve the situation and rectify the inequity. The 
executive order's sole focus was to increase opportunities and access 
for disadvantaged businesses in relation to Federal procurement 
opportunities.
  According to the executive order, each department and agency with 
procurement authority was to aggressively seek to ensure that small 
disadvantaged businesses, minority business enterprises and other types 
of small businesses were intimately involved in prime contracting 
opportunities. The underlying premise of the order was to contribute to 
a reduction of inequality within the realm of Federal procurement 
opportunities.
  I want to codify former President Clinton's executive order 
specifically as it relates to Federal advertising contracts. My goal is 
to ensure that minority business concerns engaged in the advertising 
industry have ample Federal advertisement procurement opportunities. In 
addition, the legislation pinpoints minority business concerns owned 
and controlled by socially and economically disadvantaged individuals 
as businesses in drastic need of increased participation in Federal 
advertising procurement opportunities.
  The advertising industry is an ever-expanding industry that exposes 
many products and services to a growing and diverse nation. There are 
more than 21,000 advertising agencies engaged in the business and 
thousands more that want to become engaged in the advertising industry. 
However, for various reasons, many smaller and disadvantaged businesses 
have found it difficult to obtain advertising contracts, particularly 
large Federal government contracts. This bill will eradicate the 
inequity by facilitating the following:
  1. Aggressively seeking to ensure that minority business concerns are 
aware of the Federal advertising procurement opportunities by using the 
most effective forms of communication, including the Internet, 
specialty press and trade press;
  2. Ensuring that procurement authorities will work with the Small 
Business Administration (SBA) to make sure that eligible small business 
concerns receive information regarding the contracts;
  3. Ensuring that the price evaluation preference programs authorized 
by Section 7102 of the Federal Acquisition Streamlining Act of 1994 are 
used to the maximum extent when granting Federal advertising contracts 
to minority business concerns;
  4. Requiring that contractors meet the commitments required by this 
legislation and other related laws (i.e., Small Business Act); and
  5. Ensuring that contracts involving commitments with minority 
business concerns include clauses that address the assessment of 
liquidated damages when commitments are not met.
  I sincerely hope that Congress will consider the positive effect of 
this bill not only for minority business concerns, but also for the 
betterment of the advertising industry in general. This bill can cure 
an ill that has plagued the advertising industry for a long time. I 
look forward to the opportunity to discuss this issue with my many 
colleagues in Congress.

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