H.R. 3987 (112th): Small Business Protection Act of 2012

112th Congress, 2011–2013. Text as of Dec 21, 2012 (Reported by House Committee).

Status & Summary | PDF | Source: GPO

HR 3987 RH

Union Calendar No. 527

112th CONGRESS

2d Session

H. R. 3987

[Report No. 112-724]

To amend the Small Business Act with respect to small business concern size standards, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

February 8, 2012

Mr. WALSH of Illinois (for himself and Mr. CONNOLLY of Virginia) introduced the following bill; which was referred to the Committee on Small Business

December 21, 2012

Additional sponsors: Mr. GRAVES of Missouri, Mr. SCHILLING, Mr. HANNA, Mr. WEST, Mr. CHABOT, Mr. MULVANEY, Mr. HINOJOSA, Mr. TIPTON, Mrs. ELLMERS, and Mr. COBLE

December 21, 2012

Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

[Omit the part struck through and insert the part printed in italic]


A BILL

To amend the Small Business Act with respect to small business concern size standards, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Small Business Protection Act of 2012’.

SEC. 2. SMALL BUSINESS CONCERN SIZE STANDARDS.

    Section 3 of the Small Business Act (15 U.S.C. 632) is amended--

      [Struck out->] (1) by inserting after the section enumerator the following: ‘definitions.’; and [<-Struck out]

      (1) by striking ‘SEC. 3.’ and inserting the following:

‘SEC. 3. DEFINITIONS.’; and

      (2) in subsection (a)--

        (A) by striking the subsection enumerator and inserting the following:

    ‘(a) Small Business Concerns- ’;

        (B) in paragraph (1) by striking ‘(1) For the purposes’ and inserting the following:

      ‘(1) IN GENERAL- For the purposes’;

        (C) in paragraph (3) by striking ‘(3) When establishing’ and inserting the following:

      ‘(3) VARIATION BY INDUSTRY AND CONSIDERATION OF OTHER FACTORS- When establishing’;

        (D) by moving paragraph (5), including each subparagraph and clause therein, 2 ems to the right; and

        (E) by adding at the end the following:

      ‘(6) COMMON SIZE STANDARDS- In carrying out this subsection, the Administrator may establish or approve a single size standard for a grouping of four digit North American Industrial Classification codes only if the Administrator makes publicly available, not later than the date on which such size standard is established or approved, a justification demonstrating that such size standard is appropriate for each individual industry classification included in the grouping.

      ‘(7) PROPOSED RULE MAKING- [Struck out->] In conducting rulemaking to revise, modify or establish size standards pursuant to this section, the Administrator shall consider and address the following [<-Struck out] In conducting rulemaking to revise, modify or establish size standards pursuant to this section, the Administrator shall consider, and address, and make publicly available as part of the notice of proposed rule making and notice of final rule each of the following:

        ‘(A) a detailed description of the industry for which the new size standard is proposed;

        ‘(B) an analysis of the competitive environment for that industry;

        ‘(C) the approach the Administrator used to develop the proposed standard including the source of all data used to develop the proposed rulemaking; and

        ‘(D) the anticipated effect of the proposed rulemaking on the industry, including the number of concerns not currently considered small that would be considered small under the proposed rulemaking and the number of concerns currently considered small that would be deemed other than small under the proposed rulemaking. [Struck out->] ’. [<-Struck out]

      ‘(8) NUMBER OF SIZE STANDARDS- The Administrator shall not limit the number of size standards it creates pursuant to paragraph (2), and shall assign the appropriate size standard to each North American Industrial Classification System Code.’.

Union Calendar No. 527

112th CONGRESS

2d Session

H. R. 3987

[Report No. 112-724]

A BILL

To amend the Small Business Act with respect to small business concern size standards, and for other purposes.


December 21, 2012

Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed