[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 585 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 585

 To amend the Small Business Act to provide for the establishment and 
approval of small business concern size standards by the Chief Counsel 
           for Advocacy of the Small Business Administration.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 9, 2011

Mr. Graves of Missouri (for himself and Mr. Smith of Texas) introduced 
   the following bill; which was referred to the Committee on Small 
                                Business

_______________________________________________________________________

                                 A BILL


 
 To amend the Small Business Act to provide for the establishment and 
approval of small business concern size standards by the Chief Counsel 
           for Advocacy of the Small Business Administration.

    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 Size Standard 
Flexibility Act of 2011''.

SEC. 2. ESTABLISHMENT AND APPROVAL OF SMALL BUSINESS CONCERN SIZE 
              STANDARDS BY CHIEF COUNSEL FOR ADVOCACY.

    (a) In General.--Subparagraph (A) of section 3(a)(2) of the Small 
Business Act (15 U.S.C. 632(a)(2)(A)) is amended to read as follows:
                    ``(A) In general.--In addition to the criteria 
                specified in paragraph (1)--
                            ``(i) the Administrator may specify 
                        detailed definitions or standards by which a 
                        business concern may be determined to be a 
                        small business concern for purposes of this Act 
                        or the Small Business Investment Act of 1958; 
                        and
                            ``(ii) the Chief Counsel for Advocacy may 
                        specify such definitions or standards for 
                        purposes of any other Act.''.
    (b) Approval by Chief Counsel.--Clause (iii) of section 3(a)(2)(C) 
of the Small Business Act (15 U.S.C. 632(a)(2)(C)(iii)) is amended to 
read as follows:
                            ``(iii) except in the case of a size 
                        standard prescribed by the Administrator, is 
                        approved by the Chief Counsel for Advocacy.''.
    (c) Industry Variation.--Paragraph (3) of section 3(a) of the Small 
Business Act (15 U.S.C. 632(a)(3)) is amended--
            (1) by inserting ``or Chief Counsel for Advocacy, as 
        appropriate'' before ``shall ensure''; and
            (2) by inserting ``or Chief Counsel for Advocacy'' before 
        the period at the end.
    (d) Judicial Review of Size Standards Approved by Chief Counsel.--
Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) is amended by 
adding at the end the following new paragraph:
    ``(6) Judicial Review of Standards Approved by Chief Counsel.--In 
the case of an action for judicial review of a rule which includes a 
definition or standard approved by the Chief Counsel for Advocacy under 
this subsection, the party seeking such review shall be entitled to 
join the Chief Counsel as a party in such action.''.
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