HR 1163
· 119th Congress
· Government Operations and Politics
Prove It Act of 2025
Sponsor
Latest action
Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 14 - 12.
Action timeline
Every recorded action on this bill, newest first. Stage badges color-code the legislative path.
May 21, 2025
committee
Committee Consideration and Mark-up Session Held
Judiciary Committee
May 21, 2025
committee
Reported (Amended) by the Committee on Small Business. H. Rept. 119-108, Part I.
Small Business Committee
May 21, 2025
committee
Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 14 - 12.
Judiciary Committee
Apr 30, 2025
committee
Committee Consideration and Mark-up Session Held
Small Business Committee
Apr 30, 2025
committee
Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 11.
Small Business Committee
Feb 10, 2025
introduced
Introduced in House
Feb 10, 2025
introduced
Referred to the Committee on the Judiciary, and in addition to the Committee on Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Judiciary Committee · Small Business Committee
Text versions
Each stage of the bill — official text published by GPO. Click any format to read on congress.gov / govinfo.
Changelog
ⓘ
How a bill moves through Congress. Each stage produces a new official text. The diff between them shows what changed at that step.
ih / is — Introduced in House / Senate. First filed version.rfh / rfs — Referred to a committee for review.rh / rs — Reported back by the committee to the floor (often with amendments — this is where most language changes happen).pcs / pch — Placed on Calendar for floor consideration.eh / es — Engrossed. Passed by the originating chamber. Text is now what was actually voted on.rdh / rds — Received by the other chamber.eah / eas — Engrossed Amendment. The other chamber passed an amended version.ath / ats — Agreed to. Both chambers settled on the same text.enr — Enrolled. Final reconciled text, sent to the President.pl — Public Law. Signed by the President. It's now law.pp — Public Print. Official printing post-enactment.
Most bills die before eh/es. Going from pcs → enr is the full path through both chambers.
ⓘ
How a bill moves through Congress. Each stage produces a new official text. The diff between them shows what changed at that step.
ih/is— Introduced in House / Senate. First filed version.rfh/rfs— Referred to a committee for review.rh/rs— Reported back by the committee to the floor (often with amendments — this is where most language changes happen).pcs/pch— Placed on Calendar for floor consideration.eh/es— Engrossed. Passed by the originating chamber. Text is now what was actually voted on.rdh/rds— Received by the other chamber.eah/eas— Engrossed Amendment. The other chamber passed an amended version.ath/ats— Agreed to. Both chambers settled on the same text.enr— Enrolled. Final reconciled text, sent to the President.pl— Public Law. Signed by the President. It's now law.pp— Public Print. Official printing post-enactment.
Most bills die before eh/es. Going from pcs → enr is the full path through both chambers.
Line-level diff between text versions of this bill — what actually changed at each legislative stage.
+327
−4
24 unchanged
--- Introduced (House)
+++ Reported (House)
@@ -1,11 +1,14 @@
[From the U.S. Government Publishing Office]
-[H.R. 1163 Introduced in House (IH)]
+[H.R. 1163 Reported in House (RH)]
<DOC>
+Union Calendar No. 552
119th CONGRESS
-1st Session
+2d Session
H. R. 1163
+
+[Report No. 119-108, Parts I and II]
To amend title 5, United States Code, to require greater transparency
for Federal regulatory decisions that impact small businesses, and for
@@ -25,6 +28,31 @@
of such provisions as fall within the jurisdiction of the committee
concerned
+May 21, 2025
+
+Reported from the Committee on Small Business with an amendment
+[Strike out all after the enacting clause and insert the part printed
+in italic]
+
+May 4, 2026
+
+Additional sponsors: Mr. Flood, Mrs. Fischbach, Mr. Carey, Mr. Thompson
+of Pennsylvania, Mr. Van Drew, Mr. Calvert, Mr. Weber of Texas, Mr.
+Bacon, Mr. Bean of Florida, Mr. Balderson, Ms. Van Duyne, Mr. Carter of
+Georgia, Mr. Crank, Mr. Taylor, Mr. Ciscomani, Mr. Mann, Mr. Kennedy of
+Utah, Mr. Schmidt, Mrs. Miller of West Virginia, Mr. Valadao, Mrs.
+Hinson, and Mr. Lawler
+
+May 4, 2026
+
+Reported from the Committee on the Judiciary, with an amendment,
+committed to the Committee of the Whole House on the State of the
+Union, and ordered to be printed
+[Strike out all after the enacting clause and insert the part printed
+in boldface roman]
+[For text of introduced bill, see copy of bill as introduced on
+February 10, 2025]
+
_______________________________________________________________________
A BILL
@@ -38,7 +66,7 @@
SECTION 1. SHORT TITLE.
-This Act may be cited as the ``Prove It Act of 2025''.
+This Act may be cited as the ``Prove It Act''.
SEC. 2. INITIAL REGULATORY FLEXIBILITY ANALYSIS.
@@ -306,4 +334,299 @@
No additional funds are authorized to be appropriated for the
purpose of carrying out this Act or the amendments made by this Act.
-<all>
+
+SECTION 1. SHORT TITLE.
+
+This Act may be cited as the ``Prove It Act''.
+
+SEC. 2. INITIAL REGULATORY FLEXIBILITY ANALYSIS.
+
+(a) In General.--Chapter 6 of title 5, United States Code, is
+amended--
+(1) in section 603(b)--
+(A) in paragraph (5), by striking the period at the
+end and inserting ``; and''; and
+(B) by adding at the end the following:
+``(6) where feasible, any reasonably foreseeable potential
+indirect costs the proposed rule may impose on small entities,
+including small entities that--
+``(A) purchase products or services from, sell
+products or services to, or otherwise conduct business
+with entities directly regulated by the rule;
+``(B) are directly regulated by other governmental
+entities as a result of the rule; or
+``(C) 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 rule.'';
+(2) in section 605(b), by striking ``The agency'' and
+inserting ``Not later than 10 days after completing the
+certification described in this subsection, the agency''; and
+(3) by inserting after section 605 the following:
+``Sec. 605A. Review procedures relating to initial regulatory
+flexibility analysis certifications
+``(a) Filing a Petition To Review Agency Certification of a
+Proposed Rule.--
+``(1) In general.--Any small entity, group of small
+entities, or organization representing the interests of small
+entities may petition the Chief Counsel for Advocacy of the
+Small Business Administration (in this section referred to as
+the `Chief Counsel') to review a certification published under
+section 605(b) that a proposed rule will not, if promulgated,
+have a significant economic impact on a substantial number of
+small entities.
+``(2) Form.--The Chief Counsel shall--
+``(A) determine the method, timing, and form of
+disseminating a petition described in paragraph (1);
+and
+``(B) display the information described in
+subparagraph (A) on the website of the Office of
+Advocacy of the Small Business Administration in a
+conspicuous manner.
+``(3) Contents.--Each petition described in paragraph (1)
+with respect to a certification published under section 605(b)
+for a proposed rule shall clearly and concisely--
+``(A) specify the name of the petitioner and a
+telephone number, a mailing address, and an email
+address that the Chief Counsel may use to communicate
+with the petitioner;
+``(B) if the petitioner is an organization, provide
+additional identifying information, as applicable,
+including the organizational or corporate status of the
+petitioner, the State of incorporation of the
+petitioner, the registered agent of the petitioner, the
+interest of the petitioner in representing small
+entities affected by the proposed rule and the
+certification at issue, and the name and authority of
+the individual who signed the petition on behalf of the
+organizational or corporate petitioner;
+``(C) present the specific problems or issues that
+the petitioner believes should be addressed or
+considered through a review of the certification, such
+as--
+``(i) any specific circumstances in which
+the determination of the certification that the
+proposed rule will not, if promulgated, have a
+significant economic impact on a substantial
+number of small entities is incorrect,
+incomplete, or inadequate; or
+``(ii) why the proposed rule would, if
+promulgated, have a significant economic impact
+on a substantial number of small entities;
+``(D) cite, enclose, or reference any relevant and
+non-protected or confidential technical, scientific, or
+other data or information supporting any assertion of
+the problems or issues with the certification;
+``(E) present a proposed solution to the problems
+or issues raised in the petition, including potential
+regulatory or compliance alternatives to the proposed
+rule;
+``(F) provide an analysis, discussion, or argument
+that explains how the proposed solution described in
+subparagraph (E) solves the problems or issues raised
+in the petition; and
+``(G) cite, enclose, or reference any other
+publicly available data or information supporting the
+proposed solution described in subparagraph (E).
+``(b) Consultation.--
+``(1) In general.--Any entity or organization desiring to
+file a petition under subsection (a) may request a consultation
+with the Chief Counsel before or after filing the petition.
+``(2) Form.--The Chief Counsel shall--
+``(A) determine the method, timing, and form of
+requesting a consultation with the Chief Counsel under
+paragraph (1); and
+``(B) display the information described in
+subparagraph (A) on the website of the Office of
+Advocacy of the Small Business Administration in a
+conspicuous manner.
+``(3) Limitations on assistance.--In any consultation
+regarding a petition under paragraph (1), the Chief Counsel--
+``(A) may only--
+``(i) describe the process for filing,
+docketing, tracking, closing, amending,
+withdrawing, and resolving the petition; and
+``(ii) assist the petitioner to clarify the
+petition so that the Chief Counsel is able to
+understand the issues of concern to the
+petitioner; and
+``(B) may not advise a petitioner on whether the
+petition should be amended or withdrawn.
+``(c) Prima Facie Review.--
+``(1) In general.--Upon receipt of a petition filed under
+this section with respect to the certification of a proposed
+rule, 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 would, if promulgated, have a
+significant economic impact on a substantial number of small
+entities.
+``(2) No further review.--If, following the prima facie
+review of a petition under paragraph (1), the Chief Counsel
+determines that the issues raised in the petition do not merit
+further review by the Chief Counsel, the Chief Counsel shall,
+not later than 10 days after receipt of the petition, inform
+the petitioner of that determination and the matter shall be
+closed.
+``(3) Further review.--If, following the prima facie review
+of a petition under paragraph (1), the Chief Counsel determines
+that the issues raised in the petition do merit further review
+by the Chief Counsel, the Chief Counsel shall, not later than
+10 days after receipt of the petition, 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 (d).
+``(d) Full Review.--
+``(1) Considerations; meeting.--In conducting a full review
+under this subsection with respect to the certification made
+under section 605(b), the Chief Counsel shall--
+``(A) consider--
+``(i) whether the agency that promulgated
+the proposed rule correctly determined which
+small entities will be affected by the proposed
+rule;
+``(ii) whether the agency considered
+adequate economic data to assess whether the
+proposed rule will have a significant impact on
+a substantial number of small entities; and
+``(iii) the economic implications of the
+proposed rule; and
+``(B) convene a virtual or in-person meeting
+between the Chief Counsel, the petitioner,
+representatives of the agency that promulgated the
+proposed rule who are determined appropriate by the
+Chief Counsel, and the Administrator of the Office of
+Information and Regulatory Affairs to--
+``(i) provide positions and support for
+those positions regarding the certification of
+the proposed rule; and
+``(ii) allow the Chief Counsel to ask
+questions as the Chief Counsel determines
+necessary to make a final determination as to
+the validity of the certification.
+``(2) Publication.--Not later than 30 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 (1), the Chief Counsel shall submit to the petitioner
+and the agency that promulgated the proposed rule, and publish
+in the Federal Register and on the website of the Office of
+Advocacy of the Small Business Administration, the results of
+the review conducted under paragraph (1).
+``(3) Requirement to perform analyses.--If, after a full
+review of a certification made with respect to a proposed rule
+under paragraph (1), the Chief Counsel determines that the
+proposed rule will, if promulgated, have a significant economic
+impact on a substantial number of small entities, 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 603
+and 604, respectively.
+``(4) Penalty.--If an agency fails to attend the required
+meeting under paragraph (1)(B) or in any other way fails to
+assist the Chief Counsel in a full review under paragraph (1)
+with respect to a proposed rule of the agency, as determined by
+the Chief Counsel, the final rule shall not apply to small
+entities.
+``(5) Judicial review.--For purposes of judicial review
+under chapter 7 of this title, a certification made by an
+agency under section 605(b) for which a petition is filed under
+subsection (a) shall be considered final agency action as of
+the date on which the Chief Counsel--
+``(A) makes a determination under subsection (c)(2)
+that the issues raised in the petition do not merit
+further review; or
+``(B) publishes the results of a full review of the
+certification under paragraph (1).''.
+(b) Technical and Conforming Amendment.--The table of sections for
+chapter 6 of title 5, United States Code, is amended by inserting after
+the item relating to section 605 the following:
+
+``605A. Review procedures relating to initial regulatory flexibility
+analysis certifications.''.
+
+SEC. 3. PUBLICATION OF GUIDANCE.
+
+Section 609 of title 5, United States Code, is amended by adding at
+the end the following:
+``(f) With respect to any rule that an agency determines is likely
+to have a significant economic impact on a substantial number of small
+entities, the head of the agency shall, on regulations.gov or any
+similar internet website--
+``(1) publish all guidance documents and other relevant
+documents, as determined by the agency, including any updated
+guidance documents that set forth interpretations of the rule;
+and
+``(2) allow for comments on the documents described in
+paragraph (1) to ensure that small entities may access and
+provide feedback on those documents.''.
+
+SEC. 4. REVIEW PROCEDURES FOR SECTION 610 PERIODIC REVIEW OF RULES.
+
+(a) In General.--Section 610 of title 5, United States Code, is
+amended--
+(1) in subsection (b)--
+(A) in the matter preceding paragraph (1), by
+striking ``the following factors'';
+(B) in paragraph (4), by striking ``and'' at the
+end;
+(C) in paragraph (5), by striking the period at the
+end and inserting ``; and''; and
+(D) by adding at the end the following:
+``(6) any indirect costs described in the initial
+regulatory flexibility analysis under section 603(b)(6), and
+any other indirect costs that may have arisen during the 10-
+year period described in subsection (a).''; and
+(2) by adding at the end the following:
+``(d) If an agency fails to conduct a review of a rule as required
+under this section within the 10-year period described in subsection
+(a)--
+``(1) the Chief Counsel for Advocacy of the Small Business
+Administration shall notify the agency that the rule has ceased
+to be effective;
+``(2) the agency shall publish in the Federal Register a
+notification that the rule has ceased to be effective, and
+solicit comments for why the rule should be reinstated; and
+``(3) if, based on the comments received under paragraph
+(2), the agency determines that the rule should be reinstated--
+``(A) the agency shall have 180 days beginning on
+the date of that determination to complete the review
+of the rule under this section; and
+``(B) upon completion of the review under
+subparagraph (A), the rule shall be reinstated,
+notwithstanding the notice and comment rulemaking
+procedures under section 553 of this title.''.
+(b) Application.--The amendment made by subsection (a)(2) shall
+apply with respect to any final rule issued by an agency--
+(1) during the 5-year period preceding the date of
+enactment of this Act; or
+(2) on or after the date of enactment of this Act.
+
+SEC. 5. 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 Act.
+Union Calendar No. 552
+
+119th CONGRESS
+
+2d Session
+
+H. R. 1163
+
+[Report No. 119-108, Parts I and II]
+
+_______________________________________________________________________
+
+A BILL
+
+To amend title 5, United States Code, to require greater transparency
+for Federal regulatory decisions that impact small businesses, and for
+other purposes.
+
+_______________________________________________________________________
+
+May 4, 2026
+
+Reported from the Committee on the Judiciary, with an amendment,
+committed to the Committee of the Whole House on the State of the
+Union, and ordered to be printed
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Cosponsors (29)
Members who signed on to support this bill.