I 

116TH CONGRESS 

1ST SESSION H. R. 2345 

To amend the Small Business Act to clarify the intention of Congress that 

the Administrator of the Small Business Administration is subject to 

certain requirements with respect to establishing size standards for small 

business concerns, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 18, 2019 

Mr. STAUBER (for himself and Mr. GOLDEN) introduced the following bill; 

which was referred to the Committee on Small Business 

A BILL 

To amend the Small Business Act to clarify the intention 

of Congress that the Administrator of the Small Business 

Administration is subject to certain requirements with 

respect to establishing size standards for small business 

concerns, and for other purposes. 

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 ‘‘Clarifying the Small 

5 Business Runway Extension Act’’. 


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1 SEC. 2. CLARIFYING AMENDMENT TO THE SMALL BUSINESS 

2 RUNWAY EXTENSION ACT OF 2018. 

3 Section 3(a)(2)(C) of the Small Business Act (15 

4 U.S.C. 632(a)(2)(C)) is amended by inserting ‘‘(including 

5 the Administration when acting pursuant to subparagraph 

6 (A))’’ after ‘‘no Federal department or agency’’. 

7 SEC. 3. FINALIZATION OF SMALL BUSINESS RUNWAY EX8 TENSION ACT OF 2018 RULES. 

9 The Administrator of the Small Business Administra10 tion shall issue a final rule implementing the Small Busi11 ness Runway Extension Act of 2018 (Public Law 115– 

12 324) not later than December 17, 2019. 

13 SEC. 4. AMENDMENT TO SIZE STANDARDS FOR CERTAIN 

14 SMALL BUSINESS CONCERNS. 

15 (a) SIZE STANDARDS FOR SMALL BUSINESS CON16 CERNS PROVIDING SERVICES.—Section 3(a)(2)(C)(ii)(II) 

17 of the Small Business Act (15 U.S.C. 632(a)(2)(C)(ii)(II)) 

18 is amended by striking ‘‘not less than’’. 

19 (b) SIZE STANDARDS FOR OTHER BUSINESS CON20 CERNS.—Section 3(a)(2)(C)(ii)(III) of the Small Business 

21 Act (15 U.S.C. 632(a)(2)(C)(ii)(III)) is amended by strik22 ing ‘‘not less than 3 years’’ and inserting ‘‘5 years’’. 

23 SEC. 5. TRANSITION PLAN FOR THE SMALL BUSINESS RUN24 WAY EXTENSION ACT OF 2018. 

25 (a) PLAN REQUIRED.—Not later than 90 days after 

26 the date of the enactment of this Act, the Administrator 


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1 of the Small Business Administration shall implement a 

2 transition plan to assist business concerns and Federal 

3 agencies with compliance with the requirements of the 

4 Small Business Runway Extension Act of 2018 (Public 

5 Law 115–324). 

6 (b) 3-YEAR CALCULATION FOR SIZE STANDARDS.— 

7 (1) IN GENERAL.—The transition plan de8 scribed under subsection (a) shall include a require9 ment that, during the period beginning on December 

10 17, 2018, and ending on the date that is 6 months 

11 after the date on which the Administrator issues 

12 final rules implementing the Small Business Runway 

13 Extension Act of 2018 (Public Law 115–324), al14 lows the use of a 3-year calculation for a size stand15 ard to be applied to a business concern if the use 

16 of such 3-year calculation allows such concern to be 

17 considered a small business concern under section 

18 3(a)(1) of the Small Business Act (15 U.S.C. 

19 632(a)(1)). 

20 (2) 3-YEAR CALCULATION DEFINED.—In this 

21 subsection, the term ‘‘3-year calculation’’ means— 

22 (A) with respect to a business concern pro23 viding services described under clause (ii)(II) of 

24 such section, a determination of the size of such 

25 concern on the basis of the annual average 


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1 gross receipts of such concern over a period of 

2 3 years; and 

3 (B) with respect to a business concern de4 scribed under clause (ii)(III) of such section, a 

5 determination of the size of such concern on the 

6 basis of data over a period of 3 years. 

7 SEC. 6. REQUIREMENT TO UPDATE SAM. 

8 Not later than 90 days after the date of the enact9 ment of this Act, the System for Award Management (or 

10 any successor system) shall be updated to comply with the 

11 requirements of this Act. 

Æ 


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