,,ii #aaith ,,congress #ast ,session ,s4 #die ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #aj1 #bjbe,ms4 ,ernst introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend title #e1 ,united ,states ,code1 to require greater transparency for ,federal regulatory decisions that impact small businesses1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,prove ,it ,act of #bjbe4 #b4 ,initial regulatory flexibility analysis 7a7 ,in general ,chapter #f of title #e1 ,united ,states ,code1 is amended-- 7#a7 in section #fjc7;b7-- 7,a7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7,b7 by adding at the end the following3 7#f7 where feasible1 any reasonably foreseeable potential indirect costs the proposed rule may impose on small entities1 including small entities that-- 7,a7 purchase products or services from1 sell products or services to1 or otherwise conduct business with entities directly regulated by the rule2 7,b7 are directly regulated by other governmental entities as a result of the rule2 or 7,c7 are not directly regulated by the agency as a result of the rule but are otherwise subject to other agency rules as a result of the rule4 2 7#b7 in section #fje7;b71 by striking ,the agency and inserting ,not later than #aj days after completing the certification described in this subsection1 the agency2 and 7#c7 by inserting after section #fje the following3 #fje;,a4 ,review procedures relating to initial regulatory flexibility analysis certifications 7a7 ,filing a petition ,to review agency certification of a proposed rule 7#a7 ,in general ,any small entity1 group of small entities1 or organization representing the interests of small entities may petition the ,chief ,counsel for ,advocacy of the ,small ,business ,administration 7in this section referred to as the ,chief ,counsel7 to review a certification published under section #fje7;b7 that a proposed rule will not1 if promulgated1 have a significant economic impact on a substantial number of small entities4 7#b7 ,form ,the ,chief ,counsel shall-- 7,a7 determine the method1 timing1 and form of disseminating a petition described in paragraph 7#a72 and 7,b7 display the information described in subparagraph 7,a7 on the website of the ,office of ,advocacy of the ,small ,business ,administration in a conspicuous manner4 7#c7 ,contents ,each petition described in paragraph 7#a7 with respect to a certification published under section #fje7;b7 for a proposed rule shall clearly and concisely-- 7,a7 specify the name of the petitioner and a telephone number1 a mailing address1 and an email address that the ,chief ,counsel may use to communicate with the petitioner2 7,b7 if the petitioner is an organization1 provide additional identifying information1 as applicable1 including the organizational or corporate status of the petitioner1 the ,state of incorporation of the petitioner1 the registered agent of the petitioner1 the interest of the petitioner in representing small entities affected by the proposed rule and the certification at issue1 and the name and authority of the individual who signed the petition on behalf of the organizational or corporate petitioner2 7,c7 present the specific problems or issues that the petitioner believes should be addressed or considered through a review of the certification1 such as-- 7i7 any specific circumstances in which the determination of the certification that the proposed rule will not1 if promulgated1 have a significant economic impact on a substantial number of small entities is incorrect1 incomplete1 or inadequate2 or 7ii7 why the proposed rule would1 if promulgated1 have a significant economic impact on a substantial number of small entities2 7,d7 cite1 enclose1 or reference any relevant and non-protected or confidential technical1 scientific1 or other data or information supporting any assertion of the problems or issues with the certification2 7,e7 present a proposed solution to the problems or issues raised in the petition1 including potential regulatory or compliance alternatives to the proposed rule2 7,f7 provide an analysis1 discussion1 or argument that explains how the proposed solution described in subparagraph 7,e7 solves the problems or issues raised in the petition2 and 7,g7 cite1 enclose1 or reference any other publicly available data or information supporting the proposed solution described in subparagraph 7,e74 7b7 ,consultation 7#a7 ,in general ,any entity or organization desiring to file a petition under subsection 7a7 may request a consultation with the ,chief ,counsel before or after filing the petition4 7#b7 ,form ,the ,chief ,counsel shall-- 7,a7 determine the method1 timing1 and form of requesting a consultation with the ,chief ,counsel under paragraph 7#a72 and 7,b7 display the information described in subparagraph 7,a7 on the website of the ,office of ,advocacy of the ,small ,business ,administration in a conspicuous manner4 7#c7 ,limitations on assistance ,in any consultation regarding a petition under paragraph 7#a71 the ,chief ,counsel-- 7,a7 may only-- 7i7 describe the process for filing1 docketing1 tracking1 closing1 amending1 withdrawing1 and resolving the petition2 and 7ii7 assist the petitioner to clarify the petition so that the ,chief ,counsel is able to understand the issues of concern to the petitioner2 and 7,b7 may not advise a petitioner on whether the petition should be amended or withdrawn4 7c7 ,prima facie review 7#a7 ,in general ,upon receipt of a petition filed under this section with respect to the certification of a proposed rule1 the ,chief ,counsel shall make an initial prima facie determination on the merit of the issues raised in the petition as to the properness of the certification and whether the proposed rule in question would1 if promulgated1 have a significant economic impact on a substantial number of small entities4 7#b7 ,no further review ,if1 following the prima facie review of a petition under paragraph 7#a71 the ,chief ,counsel determines that the issues raised in the petition do not merit further review by the ,chief ,counsel1 the ,chief ,counsel shall1 not later than #aj days after receipt of the petition1 inform the petitioner of that determination and the matter shall be closed4 7#c7 ,further review ,if1 following the prima facie review of a petition under paragraph 7#a71 the ,chief ,counsel determines that the issues raised in the petition do merit further review by the ,chief ,counsel1 the ,chief ,counsel shall1 not later than #aj days after receipt of the petition1 inform the petitioner and the agency that promulgated the proposed rule that the ,chief ,counsel shall conduct a full review of the certification and proposed rule to which the petition relates under subsection 7d74 7d7 ,full review 7#a7 ,considerations2 meeting ,in conducting a full review under this subsection with respect to the certification made under section #fje7;b71 the ,chief ,counsel shall-- 7,a7 consider-- 7i7 whether the agency that promulgated the proposed rule correctly determined which small entities will be affected by the proposed rule2 7ii7 whether the 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 rule2 and 7,b7 convene a virtual or in-person meeting between the ,chief ,counsel1 the petitioner1 representatives of the agency that promulgated the proposed rule who are determined appropriate by the ,chief ,counsel1 and the ,administrator of the ,office of ,information and ,regulatory ,affairs to-- 7i7 provide positions and support for those positions regarding the certification of the proposed rule2 and 7ii7 allow the ,chief ,counsel to ask questions as the ,chief ,counsel determines necessary to make a final determination as to the validity of the certification4 7#b7 ,publication ,not later than #cj days after the date on which the ,chief ,counsel begins a full review of a certification made with respect to a proposed rule under paragraph 7#a71 the ,chief ,counsel shall submit to the petitioner and the agency that promulgated the proposed rule1 and publish in the ,federal ,register and on the website of the ,office of ,advocacy of the ,small ,business ,administration1 the results of the review conducted under paragraph 7#a74 7#c7 ,requirement to perform analyses ,if1 after a full review of a certification made with respect to a proposed rule under paragraph 7#a71 the ,chief ,counsel determines that the proposed rule will1 if promulgated1 have a significant economic impact on a substantial number of small entities1 the agency that promulgated the proposed rule shall perform an initial regulatory flexibility analysis and a final regulatory flexibility analysis for the proposed rule under sections #fjc and #fjd1 respectively4 7#d7 ,penalty ,if an agency fails to attend the required meeting under paragraph 7#a77;,b7 or in any other way fails to assist the ,chief ,counsel in a full review under paragraph 7#a7 with respect to a proposed rule of the agency1 as determined by the ,chief ,counsel1 the final rule shall not apply to small entities4 7#e7 ,judicial review ,for purposes of judicial review under chapter #g of this title1 a certification made by an agency under section #fje7;b7 for which a petition is filed under subsection 7a7 shall be considered final agency action as of the date on which the ,chief ,counsel-- 7,a7 makes a determination under subsection 7c77#b7 that the issues raised in the petition do not merit further review2 or 7,b7 publishes the results of a full review of the certification under paragraph 7#a74 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #f of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #fje the following3 #fje;,a4 ,review procedures relating to initial regulatory flexibility analysis certifications4 4 #c4 ,publication of guidance ,section #fji of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,with respect to any rule that an agency determines is likely to have a significant economic impact on a substantial number of small entities1 the head of the agency shall1 on regulations4gov or any similar internet website-- 7#a7 publish all guidance documents and other relevant documents1 as determined by the agency1 including any updated guidance documents that set forth interpretations of the rule2 and 7#b7 allow for comments on the documents described in paragraph 7#a7 to ensure that small entities may access and provide feedback on those documents4 4 #d4 ,review procedures for section #faj periodic review of rules 7a7 ,in general ,section #faj of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking the following factors2 7,b7 in paragraph 7#d71 by striking and at the end2 7,c7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7#f7 any indirect costs described in the initial regulatory flexibility analysis under section #fjc7;b77#f71 and any other indirect costs that may have arisen during the #aj-year period described in subsection 7a74 2 and 7#b7 by adding at the end the following3 7d7 ,if an agency fails to conduct a review of a rule as required under this section within the #aj-year period described in subsection 7a7-- 7#a7 the ,chief ,counsel for ,advocacy of the ,small ,business ,administration shall notify the agency that the rule has ceased to be effective2 7#b7 the agency shall publish in the ,federal ,register a notification that the rule has ceased to be effective1 and solicit comments for why the rule should be reinstated2 and 7#c7 if1 based on the comments received under paragraph 7#b71 the agency determines that the rule should be reinstated-- 7,a7 the agency shall have #ahj days beginning on the date of that determination to complete the review of the rule under this section2 and 7,b7 upon completion of the review under subparagraph 7,a71 the rule shall be reinstated1 notwithstanding the notice and comment rulemaking procedures under section #eec of this title4 4 7b7 ,application ,the amendment made by subsection 7a77#b7 shall apply with respect to any final rule issued by an agency-- 7#a7 during the #e-year period preceding the date of enactment of this ,act2 or 7#b7 on or after the date of enactment of this ,act4 #e4 ,no additional funds ,no additional funds are authorized to be appropriated for the purpose of carrying out this ,act or the amendments made by this ,act4