The Senate Report on the 1966 amendments reaffirmed the intent to
measure the ``dollar volume of sales or business'' including ``the gross
receipts or gross business'' to determine whether an enterprise is
covered. This concept was first expressed in the Senate Report on the
1961 amendment (S. Rept. No. 145, 87th Congress, first session, p. 38).
The phrase ``business done'' added by the 1966 amendments to section
3(s) merely reflects with more clarity the economic test of business
size expressed in the prior Act in terms of ``annual gross volume of
sales'' and conforms the language of the Act with the Congressional view
expressed in the legislative history of the 1961 amendments. Thus, the
annual gross volume of an enterprise must include any business activity
in which it engages which can be measured on a dollar basis irrespective
of whether the enterprise is tested under the prior or amended Act. The
Senate Report on the 1966 amendments states:
The intent to measure the ``dollar volume of sales or business''
including the ``gross receipts or gross business'' in determining
coverage of such an enterprise was expressed in the Senate report above
cited at page 38. The addition of the term ``business done'' to the
statutory language should make this intent abundantly plain for the
future and remove any possible reason for misapprehension. The annual
gross volume of sales made or business done by an enterprise, within the
meaning of section 3(s), will thus continue to include both the gross
dollar volume of the sales (as defined in sec. 3(k)) which it makes, as
measured by the price paid by the purchaser for the property or service
sold to him (exclusive of any excise taxes at the retail level which are
separately stated), and the gross dollar volume of any other business
activity in which the enterprise engages which can be similarly measured
on a dollar basis. This would include, for example, such activity by an
enterprise as making loans or renting or leasing property of any kind.
(S. Rept. No. 1487, 89th Congress, second session, pp. 7-8.)
