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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] 

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A BILL 

To amend the Small Business Act with respect to small 

business concern size standards, and for other purposes. 

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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Small Business Protec5 tion Act of 2012’’. 

6 SEC. 2. SMALL BUSINESS CONCERN SIZE STANDARDS. 

7 Section 3 of the Small Business Act (15 U.S.C. 632) 

8 is amended— 

9 (1) by inserting after the section enumerator 

10 the following: ‘‘DEFINITIONS.’’; and 

11 (1) by striking ‘‘SEC. 3.’’ and inserting the fol12 lowing: 

13 ‘‘SEC. 3. DEFINITIONS.’’; and 

14 (2) in subsection (a)— 

15 (A) by striking the subsection enumerator 

16 and inserting the following: 

17 ‘‘(a) SMALL BUSINESS CONCERNS.—’’; 

18 (B) in paragraph (1) by striking ‘‘(1) For 

19 the purposes’’ and inserting the following: 

20 ‘‘(1) IN GENERAL.—For the purposes’’; 

21 (C) in paragraph (3) by striking ‘‘(3) 

22 When establishing’’ and inserting the following: 

23 ‘‘(3) VARIATION BY INDUSTRY AND CONSIDER24 ATION OF OTHER FACTORS.—When establishing’’; 

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1 (D) by moving paragraph (5), including 

2 each subparagraph and clause therein, 2 ems to 

3 the right; and 

4 (E) by adding at the end the following: 

5 ‘‘(6) COMMON SIZE STANDARDS.—In carrying 

6 out this subsection, the Administrator may establish 

7 or approve a single size standard for a grouping of 

8 four digit North American Industrial Classification 

9 codes only if the Administrator makes publicly avail10 able, not later than the date on which such size 

11 standard is established or approved, a justification 

12 demonstrating that such size standard is appropriate 

13 for each individual industry classification included in 

14 the grouping. 

15 ‘‘(7) PROPOSED RULE MAKING.—In conducting 

16 rulemaking to revise, modify or establish size stand17 ards pursuant to this section, the Administrator 

18 shall consider and address the following In con19 ducting rulemaking to revise, modify or establish size 

20 standards pursuant to this section, the Administrator 

21 shall consider, and address, and make publicly avail22 able as part of the notice of proposed rule making and 

23 notice of final rule each of the following: 

24 ‘‘(A) a detailed description of the industry 

25 for which the new size standard is proposed; 

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1 ‘‘(B) an analysis of the competitive envi2 ronment for that industry; 

3 ‘‘(C) the approach the Administrator used 

4 to develop the proposed standard including the 

5 source of all data used to develop the proposed 

6 rulemaking; and 

7 ‘‘(D) the anticipated effect of the proposed 

8 rulemaking on the industry, including the num9 ber of concerns not currently considered small 

10 that would be considered small under the pro11 posed rulemaking and the number of concerns 

12 currently considered small that would be 

13 deemed other than small under the proposed 

14 rulemaking.’’. 

15 ‘‘(8) NUMBER OF SIZE STANDARDS.—The Ad16 ministrator shall not limit the number of size stand17 ards it creates pursuant to paragraph (2), and shall 

18 assign the appropriate size standard to each North 

19 American Industrial Classification System Code.’’. 

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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 

other purposes. small business concern size standards, and for 

DECEMBER 21, 2012 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and ormstockstill on DSK4VPTVN1PROD with