II 
118TH CONGRESS 
2D SESSION 
H. R. 7198 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 9, 2024 
Received 
AN ACT 
To amend title 5, United States Code, to require greater 
transparency for Federal regulatory decisions that impact 
small businesses, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Prove It Act of 2024’’. 
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 pe-
riod 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 im-
pose on small entities, including small entities 
that— 
‘‘(A) purchase products or services from, 
sell products or services to, or otherwise con-
duct business with entities directly regulated by 
the rule; 
‘‘(B) are directly regulated by other gov-
ernmental 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 com-
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‘‘(3) CONTENTS.—Each petition described in 
paragraph (1) with respect to a certification pub-
lished 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 cor-
porate status of the petitioner, the State of in-
corporation of the petitioner, the registered 
agent of the petitioner, the interest of the peti-
tioner 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 organi-
zational or corporate petitioner; 
‘‘(C) present the specific problems or 
issues that the petitioner believes should be ad-
dressed or considered through a review of the 
certification, such as— 
‘‘(i) any specific circumstances in 
which the determination of the certification 
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that the proposed rule will not, if promul-
gated, 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 rel-
evant and non-protected or confidential tech-
nical, 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, includ-
ing potential regulatory or compliance alter-
natives to the proposed rule; 
‘‘(F) provide an analysis, discussion, or ar-
gument that explains how the proposed solution 
described in subparagraph (E) solves the prob-
lems or issues raised in the petition; and 
‘‘(G) cite, enclose, or reference any other 
publicly available data or information sup-
porting the proposed solution described in sub-
paragraph (E). 
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‘‘(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 Administra-
tion 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 
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‘‘(B) may not advise a petitioner on wheth-
er the petition should be amended or with-
drawn. 
‘‘(c) PRIMA FACIE REVIEW.— 
‘‘(1) IN GENERAL.—Upon receipt of a petition 
filed under this section with respect to the certifi-
cation of a proposed rule, the Chief Counsel shall 
make an initial prima facie determination on the 
merit of the issues raised in petition as to the 
properness of the certification and whether the pro-
posed rule in question would, if promulgated, have 
a significant economic impact on a substantial num-
ber 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 
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Counsel, the Chief Counsel shall, not later than 10 
days after receipt of the petition, inform the peti-
tioner and the agency that promulgated the pro-
posed 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 con-
ducting a full review under this subsection with re-
spect to the certification made under section 605(b), 
the Chief Counsel shall— 
‘‘(A) consider— 
‘‘(i) whether the agency that promul-
gated the proposed rule correctly deter-
mined 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 meet-
ing between the Chief Counsel, the petitioner, 
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representatives of the agency that promulgated 
the proposed rule who are determined appro-
priate by the Chief Counsel, and the Adminis-
trator of the Office of Information and Regu-
latory 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 Coun-
sel 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 re-
spect to a proposed rule under paragraph (1), the 
Chief Counsel determines that the proposed rule 
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will, if promulgated, have a significant economic im-
pact on a substantial number of small entities, the 
agency that promulgated the proposed rule shall per-
form 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 judi-
cial review under chapter 7 of this title, a certifi-
cation 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 sub-
section (c)(2) that the issues raised in the peti-
tion do not merit further review; or 
‘‘(B) publishes the results of a full review 
of the certification under paragraph (1).’’. 
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(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 certifi-
cations.’’. 
SEC. 3. PUBLICATION OF GUIDANCE. 
Section 609 of title 5, United States Code, is amend-
ed by adding at the end the following: 
‘‘(f) With respect to any rule that an agency deter-
mines 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 de-
scribed in paragraph (1) to ensure that small enti-
ties may access and provide feedback on those docu-
ments.’’. 
SEC. 4. REVIEW PROCEDURES FOR SECTION 610 PERIODIC 
REVIEW OF RULES. 
(a) IN GENERAL.—Section 610 of title 5, United 
States Code, is amended— 
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(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 pe-
riod 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 agen-
cy 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 
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‘‘(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 begin-
ning on the date of that determination to com-
plete 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 rule-
making procedures under section 553 of this 
title.’’. 
(b) APPLICATION.—The amendment made by sub-
section (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. 
Passed the House of Representatives December 5, 
2024. 
Attest: 
KEVIN F. MCCUMBER, 
Clerk. 
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