Small business size standards are of congressional interest because
the standards determine eligibility for receiving Small Business
Administration (SBA) assistance as well as federal contracting and
tax preferences. Although there is bipartisan agreement that the
nation's small businesses play an important role in the American
economy, there are differences of opinion concerning how to define
them. The Small Business Act of 1953 (P.L. 83-163, as amended)
authorized the SBA to establish size standards for determining
eligibility for federal small business assistance. The SBA
currently uses two size standards to determine SBA program
eligibility: industry-specific size standards and an alternative
size standard based on the applicant's maximum tangible net worth
and average net income after federal taxes. The SBA's
industry-specific size standards determine program eligibility for
firms in 1,047 industrial classifications in 18 sub-industry
activities described in the North American Industry Classification
System (NAICS). The size standards are based on the following five
measures: number of employees, average annual receipts in the
previous three years, asset size, annual megawatt hours of electric
output in the preceding fiscal year, or a combination of number of
employees and barrel per day refining capacity. Overall, the SBA
currently classifies about 97% of all employer firms as small.
These firms represent about 30% of industry receipts. The SBA has
always based its size standards on economic analysis of each
industry's overall competitiveness and the competitiveness of firms
within each industry. However, in the absence of precise statutory
guidance and consensus on how to define small, the SBA's size
standards have often been challenged, typically by industry
representatives seeking to increase the number of firms eligible
for assistance and by Members concerned that the size standards may
not adequately target assistance to firms that they consider to be
truly small. During the 111th Congress, P.L. 111-240, the Small
Business Jobs Act of 2010, authorized the SBA to establish an
alternative size standard using maximum tangible net worth and
average net income after federal taxes for both the 7(a) and
504/CDC loan guaranty programs. It also established, until the SBA
acted, an interim alternative size standard for the 7(a) and
504/CDC programs of not more than $15 million in tangible net worth
and not more than $5 million in average net income after federal
taxes (excluding any carry-over losses) for the two full fiscal
years before the date of the application. It also required the SBA
to conduct a detailed review of not less than one-third of the
SBA's industry size standards every 18 months. This report provides
a historical examination of the SBA's size standards, assesses
competing views concerning how to define a small business, and
discusses how the Small Business Jobs Act of 2010 might affect
program eligibility. It also discusses H.R. 585, the Small Business
Size Standard Flexibility Act of 2011, which would authorize the
SBA's Office of Chief Counsel for Advocacy to approve or disapprove
a size standard proposed by a federal agency if it deviates from
the SBA's size standards. The SBA's Administrator currently has
that authority. It also discusses H.R. 3987, the Small Business
Protection Act of 2012, and H.R. 4310, the National Defense
Authorization Act for Fiscal Year 2013, which would require the SBA
to make available a justification when establishing or approving a
size standard that the size standard is appropriate for each
individual industry classification within a grouping of four-digit
NAICS codes. These two bills also address the SBA's recent practice
of combining size standards within industrial groups as a means to
reduce the complexity of its size standards and to provide greater
consistency for industrial classifications that have similar
economic characteristics.
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