H.J.Res.36 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Forest Service of the Department of Agriculture relating to Law Enforcement; Criminal Prohibitions. (119th Congress)
Summary
H.J.Res.36 is a joint resolution introduced in the House of Representatives aiming to disapprove a rule submitted by the Forest Service of the Department of Agriculture concerning "Law Enforcement; Criminal Prohibitions." The resolution seeks to nullify the rule, preventing it from having any legal force or effect. The rule in question is identified as 89 Fed. Reg. 92808, published on November 25, 2024.
The resolution utilizes the Congressional Review Act (chapter 8 of title 5, United States Code) to challenge the Forest Service's rule. This act allows Congress to review and potentially overturn agency regulations.
The bill was introduced in the House of Representatives on February 5, 2025, and referred to the Committee on Agriculture.
Expected Effects
If passed, H.J.Res.36 would prevent the Forest Service's rule on "Law Enforcement; Criminal Prohibitions" from taking effect. This would maintain the existing regulatory framework regarding law enforcement within the National Forest System.
The practical impact would depend on the specific changes introduced by the disapproved rule. Without the new rule, the Forest Service would continue to operate under the previous regulations.
Stakeholders potentially affected include the Forest Service, law enforcement personnel operating within national forests, and individuals or entities subject to those regulations.
Potential Benefits
- Prevents potential overreach or unintended consequences of the new rule related to law enforcement.
- Maintains existing regulatory certainty for individuals and entities operating within national forests.
- Allows Congress to exercise its oversight authority over agency regulations, ensuring accountability.
- Could prevent increased burden on the Department of Agriculture.
- May prevent changes that negatively affect recreational access to national forests.
Potential Disadvantages
- May prevent the implementation of necessary updates or improvements to law enforcement practices within the National Forest System.
- Could hinder the Forest Service's ability to address emerging challenges or adapt to changing circumstances.
- Creates uncertainty regarding the future regulatory landscape for law enforcement in national forests.
- Could be seen as undermining the authority and expertise of the Forest Service.
- May prevent the correction of loopholes or ambiguities in existing regulations.
Constitutional Alignment
The resolution is an exercise of Congress's legislative powers under Article I, Section 1 of the Constitution, which vests all legislative powers in Congress. The Congressional Review Act, which H.J.Res.36 utilizes, is a mechanism for Congress to check the power of the executive branch and ensure that agencies are acting within the scope of their delegated authority.
By disapproving the Forest Service rule, Congress is asserting its authority to oversee and regulate the implementation of laws passed by Congress. This aligns with the principle of separation of powers and the system of checks and balances established by the Constitution.
However, the specific constitutionality of the underlying Forest Service rule is not addressed directly by H.J.Res.36. The resolution only concerns whether Congress approves of the rule, not whether the rule itself is constitutional.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).