IB 

Union Calendar No. 85 

116TH CONGRESS 

1ST SESSION H. R. 2345 

[Report No. 116–116] 

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 

JUNE 13, 2019 

Additional sponsor: Mrs. CRAIG

JUNE 13, 2019 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 18, 2019] 


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•HR 2345 RH

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. 


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•HR 2345 RH

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’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 

8 (1) the Small Business Runway Extension Act of 

9 2018 (Public Law 115–324) applies to calculations of 

10 the size of a business concern made by the Adminis11 trator of the Small Business Administration; 

12 (2) Federal agencies rely upon such calculations 

13 to award contracts, including governmentwide acqui14 sition contracts, to small business concerns; and 

15 (3) the Small Business Runway Extension Act of 

16 2018 has been effective since the date it was signed 

17 into law, on December 17, 2018. 

18 SEC. 3. CLARIFYING AMENDMENT TO THE SMALL BUSINESS 

19 RUNWAY EXTENSION ACT OF 2018. 

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

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

22 the Administration when acting pursuant to subparagraph 

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


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•HR 2345 RH

1 SEC. 4. FINALIZATION OF SMALL BUSINESS RUNWAY EX2 TENSION ACT OF 2018 RULES. 

3 The Administrator of the Small Business Administra4 tion shall issue a final rule implementing the Small Busi5 ness Runway Extension Act of 2018 (Public Law 115–324) 

6 not later than December 17, 2019. 

7 SEC. 5. AMENDMENT TO SIZE STANDARDS FOR CERTAIN 

8 SMALL BUSINESS CONCERNS. 

9 (a) SIZE STANDARDS FOR SMALL BUSINESS CON10 CERNS PROVIDING SERVICES.—Section 3(a)(2)(C)(ii)(II) of 

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

12 amended by striking ‘‘not less than’’. 

13 (b) SIZE STANDARDS FOR OTHER BUSINESS CON14 CERNS.—Section 3(a)(2)(C)(ii)(III) of the Small Business 

15 Act (15 U.S.C. 632(a)(2)(C)(ii)(III)) is amended by strik16 ing ‘‘not less than 3 years’’ and inserting ‘‘5 years’’. 

17 SEC. 6. TRANSITION PLAN FOR THE SMALL BUSINESS RUN18 WAY EXTENSION ACT OF 2018. 

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

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

21 the Small Business Administration shall implement a tran22 sition plan to assist business concerns and Federal agencies 

23 with compliance with the requirements of the Small Busi24 ness Runway Extension Act of 2018 (Public Law 115–324). 

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


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1 (1) IN GENERAL.—The transition plan described 

2 under subsection (a) shall include a requirement that, 

3 during the period beginning on December 17, 2018, 

4 and ending on the date that is 6 months after the date 

5 on which the Administrator issues final rules imple6 menting the Small Business Runway Extension Act 

7 of 2018 (Public Law 115–324), allows the use of a 3- 

8 year calculation for a size standard to be applied to 

9 a business concern if the use of such 3-year calcula10 tion allows such concern to be considered a small 

11 business concern under section 3(a)(1) of the Small 

12 Business Act (15 U.S.C. 632(a)(1)). 

13 (2) 3-YEAR CALCULATION DEFINED.—In this sub14 section, the term ‘‘3-year calculation’’ means— 

15 (A) with respect to a business concern pro16 viding services described under clause (ii)(II) of 

17 such section, a determination of the size of such 

18 concern on the basis of the annual average gross 

19 receipts of such concern over a period of 3 years; 

20 and 

21 (B) with respect to a business concern de22 scribed under clause (ii)(III) of such section, a 

23 determination of the size of such concern on the 

24 basis of data over a period of 3 years. 


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•HR 2345 RH

1 SEC. 7. REQUIREMENT TO UPDATE SAM. 

2 Not later than 90 days after the date of the enactment 

3 of this Act, the System for Award Management (or any suc4 cessor system) shall be updated to comply with the require5 ments of this Act. 


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Union Calendar No. 85 

116TH CONGRESS 

1ST SESSION H. R. 2345 

[Report No. 116–116] 

A BILL 

To amend the Small Business Act to clarify the infor other purposes. size standards for small business concerns, and tain requirements with respect to establishing Small Business Administration is subject to cer- tention of Congress that the Administrator of the 

JUNE 13, 2019 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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