HR-7251-119
Referred to the Subcommittee on Forestry and Horticulture.
Sponsored by Sarah Elfreth (D-MD)
What it does
This bill would amend the Federal Lands Recreation Enhancement Act to prohibit the image of any living current or former elected official, or any other living political figure, from appearing on the America the Beautiful — the National Parks and Federal Recreational Lands Pass. It would apply to all future versions of the pass design. The bill does not change the pass's price, eligibility, or any other feature.
Who benefits
The approximately 20+ million annual purchasers and holders of the America the Beautiful pass, who would no longer see a political figure's image on a government-issued recreation document. Future pass designers and federal land agencies, who would have a clear statutory rule to follow. Members of the public who object to political imagery on nonpartisan federal recreation products. Indirectly, any political figure whose image might otherwise be used without their preference, since the rule applies universally.
Who is hurt
Any sitting or former elected official or political figure whose administration placed or sought to place their image on the pass — the bill is a direct legislative response to such a practice. Federal agencies (the Forest Service, National Park Service, Bureau of Land Management, and others) would lose design flexibility. Pass vendors and printers who may face costs associated with redesigning or reprinting existing materials. Potentially, any future administration that views the pass as a communications or branding tool.
Supporters argue
Supporters argue that government-issued recreation passes are nonpartisan public documents, and that placing a living political figure's image on them amounts to using federal resources for political promotion. They contend that the America the Beautiful pass is purchased by tens of millions of Americans across the political spectrum, and that its design should reflect the lands it covers — not any individual officeholder. They further argue the bill simply codifies a longstanding norm: federal currency, for example, has long prohibited the images of living persons precisely to prevent this kind of political self-promotion.
Opponents argue
Opponents argue that Congress already has oversight tools — including appropriations and agency directives — to address pass design without a permanent statutory restriction, and that this bill may be an overly broad solution to a narrow or temporary problem. They contend that the bill's language, covering any "living political figure," is vague and could create ambiguity about who qualifies, potentially inviting litigation over its application. They may also argue that the executive branch retains inherent authority over the design of its own administrative documents, and that a statutory mandate of this kind raises separation-of-powers questions about congressional micromanagement of agency communications.
Constitutional context
No major constitutional provision is directly implicated. Congress has clear authority under the Property Clause (Art. IV, §3, cl. 2) and the Necessary and Proper Clause (Art. I, §8, cl. 18) to regulate the use and administration of federal lands and associated programs. The bill is a straightforward statutory restriction on a federal program's design, well within Congress's legislative power over federal property and agencies.
Checks and balances
Congress gains explicit statutory authority over pass design; the executive branch agencies (NPS, USFS, BLM, and others) lose discretion over imagery choices, subject to judicial review if the "political figure" definition is disputed.
Historical precedent
Federal law has long prohibited the image of any living person from appearing on U.S. currency (31 U.S.C. § 5114), establishing a precedent for restricting living persons' likenesses on government-issued documents.