S.jres17 - 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
Senate Joint Resolution 17 (S.J. Res. 17) proposes congressional disapproval of a rule submitted by the Forest Service of the Department of Agriculture concerning "Law Enforcement; Criminal Prohibitions." The resolution utilizes the Congressional Review Act (CRA) to nullify the rule, preventing it from taking effect. The rule in question is identified as 89 Fed. Reg. 92808, published on November 25, 2024.
The resolution was introduced in the Senate by Ms. Lummis, along with several co-sponsors, and referred to the Committee on Agriculture, Nutrition, and Forestry. Passage of this resolution would effectively block the Forest Service's rule from being implemented.
The CRA allows Congress to review and potentially disapprove new federal regulations, providing a check on the executive branch's rulemaking authority.
Expected Effects
If passed, S.J. Res. 17 would prevent the Forest Service's rule on "Law Enforcement; Criminal Prohibitions" from taking effect. This would maintain the existing regulatory framework related to law enforcement within the National Forest System.
The practical impact would depend on the specific changes the Forest Service rule intended to implement. Without the new rule, current practices and regulations would remain in place.
The resolution's success hinges on passage by both the Senate and the House of Representatives, as well as avoiding a presidential veto.
Potential Benefits
- Maintains Existing Regulatory Framework: Prevents disruption to current law enforcement practices within the National Forest System.
- Congressional Oversight: Reinforces congressional authority to review and potentially reject executive branch regulations.
- Potential for Further Review: Allows for further scrutiny and debate regarding the specific provisions of the Forest Service rule.
- Addresses Concerns: May address concerns raised by members of Congress and stakeholders regarding the potential impacts of the rule.
- Regulatory Stability: Provides regulatory stability by preventing the implementation of a potentially controversial rule.
Potential Disadvantages
- Missed Opportunity for Improvement: Prevents potential improvements or updates to law enforcement practices within the National Forest System.
- Undermines Agency Expertise: Disregards the expertise and judgment of the Forest Service in developing the rule.
- Potential for Regulatory Gaps: May leave gaps or inconsistencies in the regulatory framework if the existing rules are inadequate.
- Political Polarization: Could contribute to political polarization and gridlock if the resolution is viewed as a partisan effort.
- Uncertainty: Creates uncertainty regarding the future of law enforcement regulations within the National Forest System.
Constitutional Alignment
The resolution's constitutional alignment stems from Article I, Section 1, which vests all legislative powers in Congress. The Congressional Review Act, which S.J. Res. 17 utilizes, is an exercise of this legislative power, allowing Congress to check the executive branch's regulatory actions.
Furthermore, the resolution aligns with the principle of separation of powers, ensuring that Congress retains oversight authority over the implementation of laws and regulations. This prevents the executive branch from unilaterally altering the legal landscape without congressional input.
By disapproving the Forest Service rule, Congress is asserting its constitutional role in shaping policy and ensuring that regulations align with legislative intent.
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).