Prove It Act of 2025
Sponsored By: Representative Finstad
In Committee
Summary
Creates a formal petition process that lets small businesses force a review when agencies say a rule won’t have a significant economic impact and requires agencies to count indirect costs. This bill would tighten how agencies analyze small-entity impacts and add new enforcement steps for missed reviews and unpublished guidance.
Show full summary
- Small businesses and their reps would be able to petition the SBA Chief Counsel for Advocacy to challenge a Section 605(b) certification. The Chief Counsel must do a 10‑day prima facie check and, if meritorious, run a full review that leads to a public report within 30 days of a required meeting and preserves judicial review as final agency action.
- Agencies would have to expand initial regulatory flexibility analyses to include indirect or foreseeable costs and publish related guidance on Regulations.gov or similar sites with an opportunity for public comment.
- For 10‑year reviews, failure to act lets the Chief Counsel notify the agency that the rule is ceased to be effective. If reinstated, the agency has 180 days to finish the review and publish notice seeking reinstatement.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 2 benefits, 0 costs, 2 mixed.
Small firms could force faster rule reviews
If enacted, small businesses could ask the SBA Advocate to review an agency’s “no impact” certification. Petitions must include contact info, the problem, data, and a proposed fix. The Advocate would screen within 10 days; if meritorious, hold a meeting with the agency and OIRA and then post results within 30 days of starting the full review. If the agency skips the meeting or won’t help, the final rule would not apply to small entities. Agencies would also have to act within 10 days after completing a certification, and the Advocate’s decision would be reviewable in court.
Stronger 10-year reviews to protect small firms
If enacted, agencies would have to include likely indirect costs to small businesses in early analyses and in 10-year reviews. If an agency misses a required 10-year review, the SBA Advocate would notify that the rule has stopped. The agency would then publish a Federal Register notice, take comments, and, if it seeks reinstatement, finish the review within 180 days. After that review, the rule would be reinstated without the usual notice-and-comment step. This process would apply to final rules issued in the 5 years before enactment and to new rules after enactment.
Agencies must post guidance for small firms
If enacted, when a rule is likely to affect many small businesses, agencies would have to post all guidance on regulations.gov and allow comments. This would let small firms see how the agency reads the rule and offer feedback.
No new money to run changes
If enacted, the bill would not authorize any new money to carry out these changes. Agencies would use existing budgets, which could slow petitions, guidance posting, and reviews.
Sponsors & CoSponsors
Sponsor
Finstad
MN • R
Cosponsors
Hageman
WY • R
Sponsored 2/10/2025
Moran
TX • R
Sponsored 2/10/2025
Salazar
FL • R
Sponsored 2/10/2025
Meuser
PA • R
Sponsored 2/10/2025
Nunn (IA)
IA • R
Sponsored 2/10/2025
Steil
WI • R
Sponsored 2/10/2025
Stauber
MN • R
Sponsored 2/10/2025
Flood
NE • R
Sponsored 2/11/2025
Fischbach
MN • R
Sponsored 2/13/2025
Carey
OH • R
Sponsored 2/27/2025
Thompson (PA)
PA • R
Sponsored 3/3/2025
Van Drew
NJ • R
Sponsored 4/9/2025
Calvert
CA • R
Sponsored 5/21/2025
Weber (TX)
TX • R
Sponsored 9/3/2025
Bacon
NE • R
Sponsored 9/8/2025
Bean (FL)
FL • R
Sponsored 9/8/2025
Balderson
OH • R
Sponsored 9/8/2025
Van Duyne
TX • R
Sponsored 9/9/2025
Carter (GA)
GA • R
Sponsored 9/15/2025
Crank
CO • R
Sponsored 10/6/2025
Taylor
OH • R
Sponsored 11/7/2025
Ciscomani
AZ • R
Sponsored 11/7/2025
Mann
KS • R
Sponsored 11/10/2025
Kennedy (UT)
UT • R
Sponsored 11/17/2025
Schmidt
KS • R
Sponsored 12/19/2025
Miller (WV)
WV • R
Sponsored 1/14/2026
Valadao
CA • R
Sponsored 1/21/2026
Hinson
IA • R
Sponsored 2/9/2026
Roll Call Votes
No roll call votes available for this bill.
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