House Judiciary Committee Markup: Prove It Act & Separation of Powers Restoration Act

Committee Convening and In Memoriam

• 🕯️ The hearing began with a moment of silence to honor the passing of Mr. Connley, a respected colleague and ranking member on the oversight committee.
• 🤝 Members from both sides of the aisle shared warm sentiments, acknowledging his dedication and service.

HR 1163: The Prove It Act of 2025

• ⚖️ This bill aims to help small businesses comply with federal regulations by ensuring agencies adhere to the Regulatory Flexibility Act (RFA).
• 📈 It allows small businesses to petition the Small Business Administration (SBA) if agencies fail to properly analyze the impact of regulations on them.
• ⚠️ Concerns were raised that the bill could grant the SBA Chief Counsel excessive veto power over agency regulations, potentially hindering the regulatory process.
• 🏛️ Opponents argued the bill could be exploited by large corporations to dismantle regulations designed to protect public health and safety.
• ✅ The amendment in the nature of a substitute, which struck "2025" from the title, was adopted.

HR 6005: Separation of Powers Restoration Act of 2025

• 🏛️ This legislation seeks to codify the Supreme Court's decision in Loper Bright, overturning the Chevron deference doctrine.
• ⚖️ The goal is to ensure courts exercise independent judgment when reviewing agency actions, rather than deferring to agency interpretations of statutes.
• 📊 The bill aims to prevent the executive branch from overstepping its authority and legislating through regulations.
• ⚠️ A significant point of contention was the absence of a statute of limitations for challenging agency rules, which could lead to perpetual litigation.
• 🤝 Bipartisan efforts to include a statute of limitations failed, leading to some opposition.

HR 3486: Stop Illegal Entry Act

• 🚨 This bill proposes increased penalties for illegal re-entry into the U.S., particularly for individuals with prior felony convictions.
• ⚖️ It aims to deter criminal illegal aliens from repeatedly re-entering the country to commit crimes.
• 🚫 Mandatory minimum sentences were a key point of debate, with opponents arguing they are ineffective and costly.
• 🇺🇸 Concerns were raised about the bill's impact on the already strained Bureau of Prisons and its potential to contradict current administration policies.
• ⚖️ An amendment to remove mandatory minimums was not adopted.

Committee Actions

• ✅ Both HR 1163 (Prove It Act) and HR 6005 (Separation of Powers Restoration Act) were ordered favorably reported to the House.
• ❌ An amendment to HR 3486 (Stop Illegal Entry Act) to delay its implementation until the administration rectifies wrongful deportations was not adopted.
• ❌ The amendment to remove mandatory minimums from HR 3486 was also not adopted.
• ✅ HR 3486 (Stop Illegal Entry Act) was ordered favorably reported to the House.