Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Lloyd Chapman

GET UPDATES FROM Lloyd Chapman

Obama Sneaks Job-Killing, Anti-Minority Small-Business Policy Past Mainstream Media

Posted: 09/19/11 02:56 PM ET

My staff at the American Small Business League (ASBL) and I have spent a week on the phone sounding the alarm about an anti-minority small-business policy proposed by the Obama administration.

Friday, Sept. 9, one day after President Obama announced the American Jobs Act, his administration quietly announced plans to dismantle one of the nation's most successful programs to create jobs in minority communities from coast to coast. The announcement, entered into the Federal Register, stated that the Pentagon, NASA and the U.S. Coast Guard were no longer required to hit a 5-percent contracting goal with small businesses owned by minorities.

This is the kind of typical, non-transparent Washington move that is beginning to define President Obama. It is why I have been telling people for years to stop listening to what President Obama says and start watching what he does. This latest anti-minority small-businesses policy will devastate the minority business community.

Minorities face a difficult enough time as it is. The Labor Department reports that the jobless rate for African Americans alone is 16.7 percent. According to the U.S. Census Bureau, more than 27 percent of African Americans live below the poverty level. Approximately 35 percent of the population is made up of ethnic minorities, and almost 6 million American businesses are owned by minorities.

The ASBL staff and I are going to fight this policy with everything we've got. We've launched a national campaign to inform the media, the public and Congress. We are consulting with our attorneys about possible legal action. Unfortunately, not a single group thought to be representing minority-owned or other small businesses is publicly opposing the policy, though it's not surprising that the U.S. Chamber of Commerce has done nothing.

In addition to dismantling federal contracting programs for minorities, the Obama Administration has been diverting hundreds of billions of dollars in federal small-business contracts to the largest companies worldwide. It's possible that the logic behind dismantling small business contracting programs is that it will make it easier for large companies to receive all federal contracts. Should we expect the Obama Administration to abolish contracting programs for businesses owned by women and service-disabled veterans next?

These programs are the most effective method to create jobs in America. They direct existing federal infrastructure spending to the small businesses that create virtually all net new jobs. The U.S. Census Bureau tells us that small businesses create 90 percent of all net new jobs. Small businesses employ half of the private sector workforce, generate more than half of GDP and are responsible for 90 percent of U.S. exports.

The Obama Administration knows that small businesses aren't sitting around reading the fascinating legal crud that comes out in the back channels of the Federal Register. Small businesses have enough problems dealing with decades of poor economic policies formulated by high-powered, high-funded corporate lobbyists. President Obama owes these businesses (the same ones that helped him get elected) more than a line in the Federal Register.

If I were Barack Obama, the President who promised to lead the most transparent administration in U.S. history, and I had to announce a policy that would put minority-owned companies out of business and cost millions of jobs, I would tell them face-to-face, not in the Federal Register on a Friday.

 

Follow Lloyd Chapman on Twitter: www.twitter.com/LloydChapman

 
 
  • Comments
  • 35
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
HUFFPOST SUPER USER
creoleguy32
Exposer of Corruption
02:54 PM on 10/04/2011
Of course Obama did and of course the corporate owned, Wall Street handled, Media is covering this story up by not reporting on it. America is utterly corrupt and disgusting.
06:05 PM on 09/23/2011
http://www.chron.com/news/houston-texas/article/Obama-proposal-would-formally-end-minority-2173259.php

(Houston Chronicle) — The Obama administration has proposed, as a FORMALITY, eliminating a federal contracting program benefiting ethnic minority-owned businesses after courts ruled that the PROGRAM WAS UNCONSTITUTIONAL. If the Federal Acquisition Regulation program is eliminated later this year, as expected, it will close the door on a successful reverse-discrimination lawsuit filed by a San Antonio company that two years ago effectively halted a program conducted by the Department of Defense, the General Services Administration and NASA to award 5 percent of contracts to minority-owned

If the Federal Acquisition Regulation program is eliminated later this year, as expected, it will close the door on a successful reverse-discrimination lawsuit filed by a San Antonio company that two years ago effectively halted a program conducted by the Department of Defense, the General Services Administration and NASA to award 5 percent of contracts to minority-owned companies...

Goal: 5 percent of deals (CONTINUED)
05:09 AM on 09/29/2011
Sorry but what sticks in my crawl is the echo of Obama's "sales pitch" more less before he was elected. He said whatever he had to for the sake of winning. I'm sure there was a part of him that almost really wanted to keep those promises. Hell there was a part of me that thought he might actually be head strong and PROUD enough to prove himself a man of his words. But it didn't even take 6 months for him to start listening to bad judgement and going against most all of his initial plans. The Spark in his eye has faded just as the surge of ambition in his heart. He has allowed him self to succumb to the opinions of those who have obviously been involved too long now in making the decisions that hold the fate of the struggling American's future in their hands. Now wouldn't you think that is a Violation of the right to equal protection under the Due Process Clause of the Fifth Amendment to the United States Constitution? To me it's all the same.
All I know is I can't keep wasting my precious time on stressing out and worrying over what has always been determined to drive Any chance for Trust and All hope for Love away.
I have 2 amazing little girls, 4 yrs. and 19 months old who make better decisions on their worse days than what Obama and his buddies do at their best.
06:03 PM on 09/23/2011
Before the court rulings that year and in 2008, the Defense Department and other agencies added 10 percent to low bids from non-minority firms and awarded contracts to the best minority-owned company bids that came in below the new bid amount. The practice was used to help the agencies meet their goal of giving 5 percent of contracts to companies owned by minorities.

Rothe Development filed suit in 1998, claiming the 10 percent preference and the 5 percent set-aside program were unconstitutional, after Rothe lost a bid for a contract renewal despite being the lowest bidder, said David Barton, the San Antonio lawyer who represented Rothe.

Rothe Development spent $1.6 million on attorney fees, expert witnesses and travel expenses over the course of the 11-year lawsuit, said Barton, of the Gardner Law Firm.

Makes it official

BECAUSE THE PREFERENTIAL CONTRACTING PROGRAM WAS ENDED TWO YEARS AGO, the main effect of the proposed regulation change is that "it gets the burr out of my client's saddle. It's finally getting done," Barton said.

The END Of PREFERENTIAL PROGRAM HAD LITTLE EFFECT ON SMALL BUSINESS OWENED BY MINORITIES OR WOMEN, Barton said, because the SMALL BUSINESS ADMINISTRATION'S 8(a) CERTIFICATION PROGRAM ALSO OFFERS PREFERENCES TO SUCH COMPANIES USING DIFFERENT PROCEDURES.

The American Small Business League in California issued a news release Thursday stating it would be seeking an injunction to preserve the federal program.

"THERE'S NOTHING THEY CAN DO," Barton said, because of the ROTHE DEVELOPMENT COURT RULINGS.
This user has chosen to opt out of the Badges program
photo
06:16 PM on 10/04/2011
The reporter wrote this article based on a press release that I sent out, but only gathered comment from one side, which was Rothe's lawyer. If that's not amazing news reporting, I don't know what is (sarcasm). That said, the agencies proposing the policy to dismantle minority-owned small business federal contracting programs are under President Obama's administration. I find it curious that the agency that lost the court ruling is one of the agencies proposing a policy to coincide with that ruling. We should NEVER dismantle small business federal contracting programs. Every legislator and president should be doing everything in their power to preserve these programs. Small businesses create virtually all net new jobs. If we are going to get out of this economic hole, we will start giving more federal contracts to small businesses.
03:50 PM on 09/23/2011
The creation of a new government agency that will be dedicated to job creation, will only create more government jobs.

What a joke! The government can’t create jobs. Our only hope is to support small businesses, which create the majority of new jobs.

And you need to take control of your finances by getting financial education. The market is rigged against you. Your IRA and 401K are in danger of becoming worthless.

Learn how to leverage the financial crisis to create wealth and protect your family.

*** globaleconomicwarning.blogspot.com ***

“HOW WILL YOU FACE THE AMERICAN APOCALYPSE IN 2011: how you can protect yourself and position yourself for the greatest wealth transfer in history.”
06:57 PM on 09/20/2011
Part 2 of 2
The management of these already successful and succeeding businesses should be left on the path it is already growing and succeeding on. It's already hard enough to find work and obtain sufficient income to survive paycheck to paycheck. So the decision was to stick us with this anti-minority small-businesses policy seemingly to purposely devastate the minority of the business community. It makes no sense what so ever to alter exactly what creates 90 % of all net new jobs. The Government of the United States of America seems to be trying to knock our Global Ranking down to second place and put us at the mercy of a richer stronger country. The time has come when America has to fight for what we know is the most logical means to our very survival. I think decisions such as the most recent Obama strategy should be a decision made by those of us who are actually out here doing all the work that has made the U.S.-as successful as we are today. Not by the close nit circle who can't seem to see beyond their own selfish acts. It's time the bets against their buddies through out the Government circle stopped. Decisions made for the interest of America should not be treated as a game against it's self. This behavior will be the ultimate ruin of the United States as we know it.
03:28 PM on 09/23/2011
Neither you nor Lloyd Chapman know a whit about what you are talking about. Obama has not snuck anything in anywhere. If you had read the Federal Register that Mr Chapman listed in his article as a reference to Obama sneaking something in you should have been able to ascertain that this is MERELY a proposal by DoD, GSA, and NASA (not OBAMA) and furthermore is is based on the outcome of a pending lawsuit which may require a the change!

I'm not sure if I'm allowed to post links but you can google these first words of a place other than the Federal Register which you might be able to understand more easily than the Federal Register. The words are

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to address the impact of the decision in Rothe Development Corporation vs. the DoD and the U.S. Department of the Air Force (USAF) on small disadvantaged business concerns and certain institutions of higher education. Reference Federal Register Volume 76, Number 175 (Friday, September 9, 2011).

Your mother-in-law.
photo
memememeeeee
I should runs for Congress... I are actually smart
02:58 PM on 09/29/2011
snuck by or not, I'm wondering why it was shouted from the rooftops. "ENDING SMALL BUSINESS OPPORTUNITIES IN THE FEDERAL CONTRACTING WORLD" we are heading in a dangerous path BACKWARDS!!!!!!!
photo
memememeeeee
I should runs for Congress... I are actually smart
04:05 PM on 09/29/2011
NOT shouted.... correction...
06:56 PM on 09/20/2011
Part 1 of 2
With so many people feeling the same way about how President Obama has been slinging promises around only to contradict his every word behind the scenes, why... being that America is bigger than President Obama and Washington, why haven't we stood up and nipped this unethical, unacceptable behavior in the bud by now? How many more times are/can America allow publicly promised lies to sweep across every broke, still struggling and wore out hope-filled heart in the nation before these deceitfully irresponsible decisions purposely bring the rest of the United States of America to it's knees? At the mercy of the richer country. Pardon my language but that just sucks. I wish I were president. But I wish even more that most of America wasn't sitting there wishing our Presidential Government would just be true to their word and stick with the business plan that was working. Fix what is broke starting with the list President Obama repeatedly rattled off with, resulting in election. Those now stale promises that landed Mr. Obama the job is what should be the primary focus.
08:52 AM on 09/20/2011
I agree with the Author, this methodology is important to Small Businesses across the Country, when used properly. Trying to compete with the large "politically" connected firms is becoming impossible. This is another blatant attempt by this administration to stear business to unionized large companies. If anything, the percentage allocated for Small and Minority Owned Businesses should go up.
06:58 PM on 09/19/2011
how about that business with solyndra?
05:28 PM on 09/19/2011
I, for one, believe diversity spend needs to end. We need to give the jobs to the best qualified at the best prices. I have seen government agencies waste millions because they handed a large contract to a minority firm with no experience in the prescribed field and then watch helplessly as they totally screw up their operations (DOE comes to mind). Government has to be as pragmatic as business if we are going to get out of this hole.
11:31 PM on 09/19/2011
I agree totally, but if you're waiting for Washington D.C. to move to your logical postion. I have four words for you...don't hold your breath!
12:24 AM on 09/22/2011
Good advice.
photo
HUFFPOST SUPER USER
lasjazzman
Stress = perfectionist + lousy typist!
04:55 PM on 09/19/2011
Why, oh why does it always have to be that voting in American presidential elections boils down to having to vote for the least disastrous available candidate? Until such time as the Democrats see fit to presenting at least one or more qualified, truly Democratic alternatives to our present "Caver" in Chief he will have my vote - why?.... because there are no circumstances that could possibly exist under which I could be persuaded to cast my vote for any current member of the GOP. The last Republican I could have seen myself voting for was tragically assassinated in 1865.
11:39 PM on 09/19/2011
lasjazzman- I have an alternative suggestion for you....don't vote at all. As an Independent, I have seen both parties systemactically destroy the greatness that this country once was. Both parties spend us into oblivion. However, I have noticed that one party does it much faster than the other. (i.e. Bush in 8 years=4 trillion. Obama in 2 and a half years=4 trillion.) And that is not even calculated by using Obamas' "magic math!"
photo
HUFFPOST SUPER USER
Jenny Olson
08:48 AM on 09/20/2011
Well considering we have paid over 1.1 trillion in just interest on Bush's debt in the last 2.5 years I suppose Obama's figures would actually be roughly 2.85 trillion in 2 and a half years. Plus Bush actually ran up debt of exactly $4,897,276,806,005.15 which less face it, it much closer to 5 trillion than 4. Obama's debt stands at exactly $4073968086903.26 but once again you should take into account that the first stimulus he gave was already earmarked by the Bush administration (he had announced it in October of 2008 and Bernake also announced it in Nov of 08) and that was nearly 1 trillion of which Obama gets credit for simply because by the time the bill was to be signed he was the man in charge.
04:42 PM on 09/19/2011
I support "Separation of Race and State".
03:33 PM on 09/19/2011
From this article: http://exceptionmag.com/society/politics/0002191/feds-move-stop-special-contracts-minority-owned-small-businesses

"However, in 2008, the U.S. Court of Appeals found that favoring minority-owned businesses violated the Fifth Amendment and was therefore unconstitutional.

The original suit against the provision was brought by the Rothe Development Corporation, a consortium of federal contractors which curiously presents itself as a 'Women Owned Small Business.' "
photo
mydangself
I can clearly not choose the wine in front of me
03:23 PM on 09/19/2011
I would love to see some information on how many of those getting the small business and minority set asides from these contracts are viable companies and how many exist only to help larger companies qualify for them. In too many government (State and Federal) contracts the minority/small business requirement is met by using a company that was specifically set up only to meet that requirement, and takes a percentage off the top then subs the rest of the work out elsewhere or back to the main contractor and most of the bigger contractors have an MBE partner for just that purpose. That reality isn't creating jobs or being small business friendly, it's creating an added cost that provides nothing for the money being spent.

So, Mr. Chapman, show us that it was continuing to work as intended and wasn't just a pointless gimme to those who could work the system and make a better case for the program and I'll gladly support you..but not until you do more than just yell something is 'anti business' or 'job-killing', we hear enough unsubstantiated noise already.
photo
HUFFPOST BLOGGER
Lloyd Chapman
President of the American Small Business League
04:59 PM on 09/19/2011
Thank you for the comment. All small business contracting programs are abused by large businesses, federal agencies and contracting officers. But that does not mean we need to get rid of the programs. The only businesses this policy will hurt are legitimate minority-owned small businesses.
photo
mydangself
I can clearly not choose the wine in front of me
10:17 AM on 09/20/2011
And thank you for the response. I want to say the last figures I saw (and I think you were the one presenting these figures) were that roughly $60 billion per year since 2007 was going through they types of scenarios I mentioned above where the money was not going to a legitimate small business. To me that seems to say it's a pretty systemic problem.

So how do you suggest fixing that? Is it even fixable with the current processes so that the money goes to a legitimate small business rather than just being an added cost that serves no real purpose?
photo
HUFFPOST SUPER USER
Gerald Serlin
Retired lawyer. Perserverantia Vincit
02:37 PM on 09/19/2011
Why would Obama, a man who wears the mantle of a minority, seek to disable a program that purportedly helps minorities in their quest for financial equality? There is something else here to explain the inappropriateness of the President's action, but I do not know what. Some promise must have been made by perhaps a large political donor, or maybe a political trade-off of some kind. Something.

In any event, it is always good to end these kinds of artificial stimulus deals that upset the function of the free market. Normally, Obama is against the free market, but here just the opposite. One point for Obama.
02:25 PM on 09/19/2011
I think it is time to turn to the late, great American Martin Luther King and follow his advice to judge a man on the content of his character.
President Obama is failing that test, and the powers that be in Washington need to be exposed as puppets for the largest, greediest corporations in the planet.
There is nothing wrong with turning a healthy profit, but it cannot come at the expense of what made this country great.......A robust economy led by small businesses, on a level playing field, where the best idea won. Not the biggest wallet.
I'm down for the fight, where do I sign up Lloyd?
photo
HUFFPOST SUPER USER
Gerald Serlin
Retired lawyer. Perserverantia Vincit
02:45 PM on 09/19/2011
Yes. But do you realize that giving special incentives to favor one group over another is just plain wrong, no matter what alleged injustice is sought to be corrected. Affirmative action, which is what this is equivalent to, is not in the best interests of the people involved, nor is it good for the country as a whole.

Government contracts, just as contracts in the private sector are, should be awarded to the most capable bidder at the lowest possible price. Period. Factors, such as minority status should not enter into the mix.
04:09 PM on 09/19/2011
Why is it wrong?
photo
mydangself
I can clearly not choose the wine in front of me
04:12 PM on 09/19/2011
"But do you realize that giving special incentives to favor one group over another is just plain wrong, no matter what alleged injustice is sought to be corrected"

I strongly disagree! When you have groups that were excluded from having a chance to compete, you can't just say "but that's in the past now so it's all fair" and call it good. Something must be done, over a period of time, to close the pre-existing gap or there is no chance that any measurable equality of opportunity will result.

The question should be for how long and under what conditions, not that it shouldn't be done or you end up with those who had the head start due to actions of the government always being able to use that advantage to stop others from having that chance.