H.R. 4206 (112th): Contracting Oversight for Small Business Jobs Act of 2012

Introduced:
Mar 19, 2012 (112th Congress, 2011–2013)
Sponsor:
Rep. Mike Coffman [R-CO6]
Status:
Died (Reported by Committee)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


3/19/2012--Introduced.
Contracting Oversight for Small Business Jobs Act of 2012 - Amends the federal criminal code to include under penalties for misrepresentation the willful misrepresentation of status as a small business for the purpose of obtaining, retaining, or completing a federal contract.
Amends the Small Business Act to provide that, in cases of small business fraud, including misrepresentation of status, the penalties provided shall not apply if the defendant acted in reliance on a written advisory opinion from a licensed attorney who is not an employee of the defendant.
Requires the Administrator of the Small Business Administration (SBA) to:
(1) issue rules defining an advisory opinion for such purposes, and
(2) issue a compliance guide to assist businesses in accurately determining their small business status.
Establishes in the SBA an Office of Hearings and Appeals, headed by a Chief Hearing Officer, which shall:
(1) impartially decide matters where Congress designates that a hearing on the record is required or which the Administrator designates by regulation or otherwise, and
(2) contain the SBA's Freedom of Information/Privacy Acts Office. Includes as a misrepresentation, for SBA purposes, any misrepresentation established by a preponderance of the evidence (in the case of debarment) or adequate evidence (in the case of suspension).
Directs the Administrator to publish on the SBA website the standard operating procedures for such debarments and suspensions.
Directs the Administrator to report annually to the congressional small business committees on debarment and suspension actions.
Expresses the sense of Congress that the Administrator should present to the SBA Inspector General or the Attorney General any evidence of a violation of misrepresentation of small business status presented in a proceeding conducted by the Office of Hearings and Appeals.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Other Citations

  • 18 U.S.C. Chapter 47