(2) All departments and agencies within the ex-
ecutive branch with procurement authority should 
take all necessary steps, as permitted by law, to in-
crease contracting for Federal advertising between 
the Federal Government and minority business con-
cerns. 
SEC. 2. RESPONSIBILITIES OF EXECUTIVE DEPARTMENTS 
AND AGENCIES WITH PROCUREMENT AU-
THORITY RELATING TO FEDERAL ADVER-
TISING PROCUREMENT. 
(a) IN GENERAL.—Each executive department and 
agency with procurement authority shall— 
(1) ensure substantial participation in Federal 
advertising procurements by minority business con-
cerns; 
(2) ensure that the creation, placement, and 
transmission of Federal advertising by the depart-
ment or agency is fully reflective of the diversity of 
the United States, including ensuring placement 
with respect to publications and television and radio 
stations that reach specific ethnic and racial audi-
ences; 
(3) ensure that payment for Federal advertising 
is commensurate with fair market rates in the rel-
evant market;
(4) structure Federal advertising contracts as 
commercial acquisitions consistent with part 12 of 
the Federal Acquisition Regulation to enhance par-
ticipation by minority business concerns; 
(5) aggressively seek to ensure that minority 
business concerns are aware of Federal advertising 
procurement opportunities through the wide dissemi-
nation of contract announcements using the forms of 
communication which will be most effective in reach-
ing such concerns, including the Internet, speciality 
press, and trade press; 
(6) work with the Small Business Administra-
tion to ensure that eligible small business concerns 
receive information regarding sole source Federal 
advertising contracts awarded under section 8(a) of 
the Small Business Act (15 U.S.C. 637(a)); 
(7) ensure that the price evaluation preference 
programs authorized by section 7102 of the Federal 
Acquisition Streamlining Act of 1994 (15 U.S.C. 
644 note) are used to the maximum extent per-
mitted by law when granting Federal advertising 
contracts to minority business concerns; 
(8) aggressively use small business concerns en-
gaged in the advertising industry and certified by 
the Small Business Administration as eligible to re-
ceive benefits under section 8(a) of the Small Busi-
ness Act (15 U.S.C. 637(a)), particularly those con-
cerns in the developmental stage of the program, so 
that such concerns have an opportunity to overcome 
artificial barriers to Federal advertising procure-
ment; 
(9) take all reasonable steps to ensure that 
prime contractors meet, or exceed Federal adver-
tising subcontracting goals and enforce Federal ad-
vertising subcontracting commitments as required by 
section 8(d) of the Small Business Act (15 U.S.C. 
637(d)) and other related laws, including ensuring 
that prime contractors actively solicit bids for Fed-
eral advertising subcontracting opportunities from 
minority business concerns and fulfill their subcon-
tracting obligations to such concerns; 
(10) ensure that— 
(A) contracts which involve commitments 
to subcontract with minority business concerns 
include clauses providing for the assessment of 
liquidated damages when such commitments are 
not met; and 
(B) such clauses are enforced; 
(11) encourage the establishment of mentoring 
and teaming relationships to foster the development
of minority business concerns which are engaged in 
the advertising industry and to facilitate long-term 
business relationships among such concerns; 
(12) offer information, training, and technical 
assistance programs for minority business concerns 
which are engaged in the advertising industry, in-
cluding, where appropriate, Government acquisition 
forecasts in order to assist such concerns in devel-
oping their products, skills, business planning prac-
tices, and marketing techniques; 
(13) train procurement officials regarding the 
policy of including minority business concerns in 
Federal advertising procurement, including struc-
turing procurements to facilitate participation by 
such concerns; 
(14) provide the information required by the 
Department of Commerce when it requests data to 
develop the benchmarks used in the price evaluation 
preference programs authorized by section 7102 of 
the Federal Acquisition Streamlining Act of 1994 
(15 U.S.C. 644 note); and 
(15) ensure that Directors of Offices of Small 
and Disadvantaged Business Utilization carry out 
their responsibilities to maximize the participation of 
minority business concerns in Federal advertising
procurement and, in particular, ensure that the Di-
rectors report directly to the head of each depart-
ment or agency as required by law. 
(b) COMPREHENSIVE PLAN.—Each department and 
agency with procurement authority shall— 
(1) not later than 90 days after the date of the 
enactment of this Act, develop a long-term com-
prehensive plan to implement the requirements of 
subsection (a) and submit such plan to the Director 
of the Office of Management and Budget, who shall 
review such plan and report to the President on its 
sufficiency; and 
(2) not later than April 30 of each year— 
(A) assess its efforts and the results of 
those efforts to increase utilization of minority 
business concerns which are engaged in the ad-
vertising industry as prime contractors and sub-
contractors; and 
(B) submit a report regarding those efforts 
to the President through the Director of the Of-
fice of Management and Budget, who shall re-
view the report.
SEC. 3. GOVERNMENT-WIDE GOALS FOR FEDERAL ADVER-
TISING 
PROCUREMENT 
CONTRACTS 
TO 
SMALL BUSINESS CONCERNS. 
Section 15(g) of the Small Business Act (15 U.S.C. 
644(g)) is amended by adding at the end the following 
new paragraph: 
‘‘(3) 
APPLICATION
TO
FEDERAL
ADVER-
TISING.— 
‘‘(A) IN GENERAL.—With respect to con-
tracts for Federal advertising, each goal and re-
quirement described in this subsection and sub-
section (h) which relates to small business con-
cerns, small business concerns owned and con-
trolled by service-disabled veterans, small busi-
ness concerns owned and controlled by veterans, 
qualified HUBZone small business concerns, 
small business concerns owned and controlled 
by socially and economically disadvantaged indi-
viduals, or small business concerns owned and 
controlled by women shall be applied separately 
with respect to such concerns which are en-
gaged in the advertising industry. 
‘‘(B) FEDERAL
ADVERTISING.—For pur-
poses of this paragraph, the term ‘Federal ad-
vertising’ means any product or service which 
involves the use of media, regardless of the me-