Prove It Act of 2021

To require greater transparency for Federal regulatory decisions that impact small businesses. 1. Short title This Act may be cited as the Prove It Act of 2021 2. Review procedures related to the certification (a) In general Section 605(b) of title 5, United States Code, is amended— (1) by inserting (1) Sections 603 (2) in paragraph (1), as so designated— (A) by striking the preceding sentence this subsection (B) by striking statement to the Chief Counsel for Advocacy of the Small Business Administration statement providing the factual basis to the Chief Counsel for Advocacy of the Small Business Administration (in this subsection referred to as the Chief Counsel (3) by adding at the end the following: (2) (A) If the Chief Counsel disagrees with a certification and statement providing the factual basis for the certification published in the Federal Register under paragraph (1) with respect to a proposed rule, the Chief Counsel may, not later than 14 days after the date on which the statement and factual basis were published in the Federal Register, submit to the head of the Federal agency proposing the rule a letter (in this subsection referred to as an advisement letter (i) review the certification and the detailed statement submitted by the Chief Counsel under subparagraph (B); and (ii) reconsider the certification. (B) An advisement letter submitted by the Chief Counsel under subparagraph (A) shall— (i) include a detailed statement of why the Chief Counsel disagreed with the certification or the statement providing the factual basis received under paragraph (1); and (ii) be published on the website of the Office of Advocacy of the Small Business Administration. (C) Not later than 7 days after the date on which the head of a Federal agency receives an advisement letter under subparagraph (A) with respect to a proposed rule, the head of the Federal agency shall— (i) publish in the Federal Register and on the website of the Federal agency an acknowledgment of receipt of the advisement letter; (ii) allow the public comment period for the rule to remain open for a period of not less than 30 days; and (iii) if, during the 30-day period described in clause (ii), the head of the Federal agency determines that the certification and statement providing the factual basis should be modified, shorten or eliminate the 30-day period. (D) (i) Not later than 30 days after the date on which the Chief Counsel submits to the head of a Federal agency an advisement letter under subparagraph (A), the Federal agency shall submit to the Chief Counsel and publish in the Federal Register and on the website of the Federal agency the results of the review and reconsideration. (ii) If, after conducting the review and reconsideration under subparagraph (A), the head of the Federal agency determines— (I) that there was not a sufficient factual basis to support the certification, the Federal agency shall perform and publish in the Federal Register an initial regulatory flexibility analysis under section 603, with an opportunity for public comment, before promulgating the final rule; (II) that the certification was appropriate but the factual basis was inadequate to support the certification, the Federal agency shall revise the factual basis to support the certification; or (III) that the certification was appropriate and the factual basis was adequate to support the certification, the Federal agency may continue with the rule making. . 3. Judicial review Section 611(a) of title 5, United States Code, is amended— (1) in paragraph (1), by striking 605(b) 605(b)(1) (2) in paragraph (2), by striking 605(b) 605(b)(1)

Summary: Prove It Act of 2021 This bill authorizes the Small Business Administration (SBA) to request a review of any federal agency certification that a proposed rule will not have a significant economic impact on a substantial number of small entities. The request must explain why the SBA disagreed with the certification and provide a factual basis for the statement. If it is determined, after agency review and reconsideration, that the proposed rule will have a significant economic impact on a substantial number of small entities, the agency shall then perform an initial regulatory flexibility analysis for the rule. An initial regulatory flexibility analysis is prepared to ensure the agency has considered all reasonable regulatory alternatives that would minimize the rule's economic burdens or increase its benefits for the affected small entities, while achieving the objectives of the rule or statute.