Prove It Act
Sponsored By: Representative Finstad, Brad [R-MN-1]
In Committee
Summary
Gives small businesses a formal review path to challenge agency claims that a rule won't significantly harm them.
Show full summary
The bill would require agencies to identify foreseeable indirect costs in initial regulatory analyses, force publication of related guidance with a public comment option, and give the Small Business Administration Chief Counsel powers to review certifications and trigger additional analyses or limit a rule's effect on small entities.
- Small businesses: Any small entity or its representative may petition the SBA Chief Counsel to review a certification. The Chief Counsel must make a prima facie determination within 10 days and publish full-review results within 30 days.
- Agencies: Agencies would need to list "reasonably foreseeable indirect costs" in initial regulatory flexibility analyses and publish guidance on regulations.gov. If the Chief Counsel finds likely significant impacts, agencies must prepare initial and final regulatory analyses and attend review meetings or the rule will not apply to small entities. No additional funds are authorized to carry out the Act.
- Rules and public process: Periodic 10-year reviews must consider indirect costs and other costs that arise over the decade. A rule not reviewed within that 10-year period can be declared ceased, a Federal Register notice would solicit comments, and the agency would have 180 days to complete a review to reinstate the rule.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
New SBA petition right for small businesses
If enacted, small businesses and groups could petition the SBA Chief Counsel to review an agency's "no significant impact" certification. The Chief Counsel would post how to file, make a prima facie decision within 10 days, and start a full review if warranted. Full reviews must include a meeting with agency officials and OIRA, and results must be published within 30 days. If the Chief Counsel finds a significant impact, the agency would have to prepare required regulatory flexibility analyses, and a final rule could be limited so it does not apply to small businesses if the agency fails to cooperate.
New review rules that affect small businesses
If enacted, agencies would have to consider indirect costs when they do mandatory 10-year rule reviews. The SBA Chief Counsel could notify an agency that a rule has "ceased to be effective" if the agency missed its review, trigger a Federal Register notice, and require the agency to finish a review within 180 days to reinstate the rule. The bill would also add a 10-day timing requirement tied to agency certifications and would state that no new funds are authorized to carry out the Act, which could limit how the changes are implemented.
Analyze indirect costs for small businesses
If enacted, agencies would have to try to identify reasonably foreseeable indirect costs to small businesses in their initial regulatory flexibility analyses. Indirect costs would include impacts on firms that buy from or sell to regulated businesses, firms that become regulated by other governments because of the rule, and firms affected by other agency rules tied to the rule. Agencies would also have to post guidance and related materials for rules likely to affect many small businesses on regulations.gov (or a similar site) and allow public comments.
Sponsors & CoSponsors
Sponsor
Finstad, Brad [R-MN-1]
MN • R
Cosponsors
Hageman
WY • R
Sponsored 2/10/2025
Rep. Moran, Nathaniel [R-TX-1]
TX • R
Sponsored 2/10/2025
Salazar
FL • R
Sponsored 2/10/2025
Rep. Meuser, Daniel [R-PA-9]
PA • R
Sponsored 2/10/2025
Rep. Nunn, Zachary [R-IA-3]
IA • R
Sponsored 2/10/2025
Rep. Steil, Bryan [R-WI-1]
WI • R
Sponsored 2/10/2025
Stauber
MN • R
Sponsored 2/10/2025
Rep. Flood, Mike [R-NE-1]
NE • R
Sponsored 2/11/2025
Rep. Fischbach, Michelle [R-MN-7]
MN • R
Sponsored 2/13/2025
Rep. Carey, Mike [R-OH-15]
OH • R
Sponsored 2/27/2025
Rep. Thompson, Glenn [R-PA-15]
PA • R
Sponsored 3/3/2025
Van Drew
NJ • R
Sponsored 4/9/2025
Rep. Calvert, Ken [R-CA-41]
CA • R
Sponsored 5/21/2025
Rep. Weber, Randy K. Sr. [R-TX-14]
TX • R
Sponsored 9/3/2025
Rep. Bacon, Don [R-NE-2]
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
Rep. Carter, Earl L. "Buddy" [R-GA-1]
GA • R
Sponsored 9/15/2025
Rep. Crank, Jeff [R-CO-5]
CO • R
Sponsored 10/6/2025
Rep. Taylor, David J. [R-OH-2]
OH • R
Sponsored 11/7/2025
Ciscomani
AZ • R
Sponsored 11/7/2025
Rep. Mann, Tracey [R-KS-1]
KS • R
Sponsored 11/10/2025
Rep. Kennedy, Mike [R-UT-3]
UT • R
Sponsored 11/17/2025
Schmidt
KS • R
Sponsored 12/19/2025
Rep. Miller, Carol D. [R-WV-1]
WV • R
Sponsored 1/14/2026
Rep. Valadao, David G. [R-CA-22]
CA • R
Sponsored 1/21/2026
Rep. Hinson, Ashley [R-IA-2]
IA • R
Sponsored 2/9/2026
Rep. Lawler, Michael [R-NY-17]
NY • R
Sponsored 4/20/2026
Roll Call Votes
No roll call votes available for this bill.
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