,,ii  #aadth ,,congress  #b;d ,session  
,s4 #bhdg  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #be1    
#bjaf ,mrs4 ,ernst introduced the       
following bill2 which was read twice and
 referred to the ,committee on ,small   
,business and ,entrepreneurship  ,a     
,,bill  ,to require greater transparency
 for ,federal regulatory decisions that 
impact small businesses4  #a4 ,short    
title  ,this ,act may be cited as the   
,prove ,it ,act of #bjaf4  #b4 ,review  
procedures relating to initial          
regulatory flexibility analysis         
certifications  7a7 ,in general ,section
 #fje7;b7 of title #e1 ,united ,states  
,code1 is amended-- 7#a7 by inserting   
7#a7 before ,sections #fjc2  7#b7 in    
paragraph 7#a71 as so designated1 by    
inserting 7in this subsection referred  
to as the ,chief ,counsel7 after        
,administration2 and  7#c7 by adding at 
the end the following3  7#b7 7,a7 ,if   
the ,chief ,counsel disagrees with a    
certification and statement providing   

the factual basis for the certification 
submitted by a ,federal agency under    
paragraph 7#a7 with respect to an       
initial regulatory flexibility analysis 
for a proposed rule1 the ,chief ,counsel
 may submit a request to the            
,administrator of the ,office of        
,information and ,regulatory ,affairs   
7in this section referred to as the     
,administrator7 for review of the       
certification and statement in          
accordance with this paragraph4  7,b7 ,a
 request for review under subparagraph  
7,a7 shall-- 7i7 be published in the    
,federal ,register and on the website of
 the ,office of ,advocacy of the ,small 
,business ,administration not later than
 #aj days after the date on which the   
,federal agency submitted the           
certification and statement to the      
,chief ,counsel under paragraph 7#a72   
7ii7 include any documentation or       
comments the ,chief ,counsel provided or
 made during the notice and comment     
period for the proposed rule2 and  7iii7

 include an explanation of why the      
,chief ,counsel disagreed with the      
certification and statement received    
under paragraph 7#a71 which may         
include--  7,i7 an identification of any
 material facts in controversy2  7,,ii7 
an analysis of why the proposed rule    
will1 if promulgated1 have a significant
 economic impact on a substantial number
 of small entities1 including any data  
determined relevant to the analysis by  
the ,chief ,counsel2 and  7,,iii7 any   
other information the ,chief ,counsel   
determines relevant4  7,c7 ,not later   
than #aj days after the date on which   
the ,chief ,counsel publishes in the    
,federal ,register a request for review 
under subparagraph 7,a71 the ,federal   
agency shall submit to the              
,administrator and publish in the       
,federal ,register and on the website of
 the ,federal agency a response to the  
request for review4  7,d7 ,in conducting
 a review of a certification and a      
statement of a ,federal agency under    

this paragraph with respect to a        
proposed rule1 the ,administrator shall 
consider--  7i7 whether the agency      
correctly determined which small        
entities will be affected by the        
proposed rule2  7ii7 whether the        
,federal agency considered adequate     
economic data to assess whether the     
proposed rule will have a significant   
impact on a substantial number of small 
entities2 and  7iii7 the economic       
implications of the proposed rule1      
including whether the data supplied by  
the ,chief ,counsel in the request for  
review under subparagraph 7,a7 would    
lead to the proposed rule having a      
significant economic impact on a        
substantial number of small entities4   
7,e7 ,not later than #dj days after the 
date on which the ,chief ,counsel       
submits to the ,administrator a request 
for review under subparagraph 7,a71 the 
,administrator shall submit to the      
,chief ,counsel and the ,federal agency 
and publish in the ,federal ,register   

and on the website of the ,office of    
,information and ,regulatory ,affairs   
the results of the review4 ,if the      
,administrator determines that the      
proposed rule will1 if promulgated1 have
 a significant economic impact on a     
substantial number of small entities1   
the ,federal agency shall perform an    
initial regulatory flexibility analysis 
and a final regulatory flexibility      
analysis for the proposed rule under    
sections #fjc and #fjd1 respectively4  4