I 112th CONGRESS 2d Session H. R. 3987 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 A BILL To amend the Small Business Act with respect to small business concern size standards, and for other purposes.

1.

Short title

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

2.

Small business concern size standards

Section 3 of the Small Business Act (15 U.S.C. 632) is amended— (1)by inserting after the section enumerator the following: 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

In conducting rulemaking to revise, modify or establish size standards pursuant to this section, the Administrator shall consider and address 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. .