IB Union Calendar No. 190 112th CONGRESS 1st Session H. R. 585 [Report No. 112–288] 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 November 16, 2011 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed 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.

1.

Short title

This Act may be cited as the Small Business Size Standard Flexibility Act of 2011.

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. .

November 16, 2011 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed