Small Business Protection Act of 2012

Small Business Protection Act of 2012 - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA), when establishing small business size standards, to establish or approve a single standard for a grouping of four-digit North American Industrial Classification codes only if the Administrator makes publicly available, no later than the date on which it is established or approved, a justification that such standard is appropriate for each individual industry classification in the grouping.

Requires the Administrator, in conducting rulemaking to revise, modify, or establish size standards, to consider and address: (1) the industry for which the new standard is proposed, (2) the competitive environment for that industry, (3) the approach used to develop the proposed standard, and (4) the anticipated effect of the proposed rulemaking on the industry.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3987 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 3987

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

_______________________________________________________________________

                                 A BILL


 
To amend the Small Business Act with respect to small business concern 
                size standards, and for other purposes.

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

SECTION 1. SHORT TITLE.

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

SEC. 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.''.
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