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TITLE XVI--INDUSTRIAL BASE MATTERS Subtitle C--Matters Relating to Small Business Concerns |
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P. L. 112- |
House Conference Report 112-705 |
SEC. 1661. SMALL BUSINESS CONCERN SIZE STANDARDS.Section 3 of the Small Business Act (15 U.S.C. 632) is amended-- (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) PROPOSED RULEMAKING- 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 rulemaking 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 rule making; 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 rule making and the number of concerns currently considered small that would be deemed other than small under the proposed rulemaking. `(7) COMMON SIZE STANDARDS- In carrying out this subsection, the Administrator may establish or approve a single size standard for a grouping of 4-digit North American Industry Classification System 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. `(8) NUMBER OF SIZE STANDARDS- The Administrator shall not limit the number of size standards established pursuant to paragraph (2), and shall assign the appropriate size standard to each North American Industry Classification System Code.'. |
Small business concern size standards
(sec. 1661) The House bill contained a provision (sec. 1661) that would clarify statutory provisions regarding size standards applicable to small business concerns. The Senate amendment contained no similar provision. The Senate recedes. |
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House Report 112-479 |
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SECTION 1661--SMALL BUSINESS CONCERN SIZE STANDARDSThis section would amend section 3 of the Small Business Act (15 U.S.C. 632) to allow common size standards among related industries only if the Administrator of the Small Business Administration finds that the common size standard is appropriate for each industry independently. This section would also prohibit the Administrator from limiting the number of size standards, and would require the Administrator to assign the appropriate size standard to each North American Industrial Classification System Code. Furthermore, this section would require the Administrator to issue a notice of proposed rulemaking and include a detailed description of the industry, analysis of the competitive environment for that industry, the methodology used by to develop the proposed size standard, and the anticipated effect of the proposed size standard in such notice.
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