By Senator Vitter from Committee on Small Business and Entrepreneurship filed written report under authority of the order of the Senate of 12/10/2016. Report No. 114-420. Minority views filed.
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Prove It Act of 2016
(Sec. 2) This bill authorizes the Chief Counsel of the Small Business Administration (SBA) to request the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB) to review any federal agency certification that a proposed rule, if promulgated, will not have a significant economic impact on a substantial number of small entities and so need not submit a regulatory flexibility analysis of the rule.
The request for a review must:
be published in the Federal Register and on the website of the SBA Office of Advocacy, include any documentation or comments the Chief Counsel furnished or made during the notice and comment period for the proposed rule, and explain why the Chief Counsel disagreed with the certification and statement providing the factual basis for it. Within 10 days after the request for review is published in the Federal Register, the federal agency in question shall submit to the SBA a response to the request and publish it in the Federal Register and on the agency website.
If it is determined, after a specified procedure, that the proposed rule will, if promulgated, have a significant economic impact on a substantial number of small entities, the federal agency shall then perform both an initial and a final regulatory flexibility analysis for the rule.
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