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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5249 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5249
To restore and affirm the constitutional prerogative and responsibility
of Congress to exercise the exclusive legislative powers of Congress
under article I of the Constitution of the United States to make all
laws that are necessary and proper for carrying into execution the
powers of Congress under article I and all other powers vested by the
Constitution of the United States in the Government of the United
Sates, or in any department or officer thereof.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 10, 2025
Mr. Walkinshaw introduced the following bill; which was referred to the
Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
To restore and affirm the constitutional prerogative and responsibility
of Congress to exercise the exclusive legislative powers of Congress
under article I of the Constitution of the United States to make all
laws that are necessary and proper for carrying into execution the
powers of Congress under article I and all other powers vested by the
Constitution of the United States in the Government of the United
Sates, or in any department or officer thereof.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Limit on Sweeping Executive
Reorganization Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 6 of title 18, United States Code.
(2) Employee.--The term ``employee'' has the meaning given
the term in section 2105 of title 5, United States Code.
(3) Independent reorganization review panel.--The term
``Independent Reorganization Review Panel'' means the panel
established under section 5(a).
(4) Joint resolution of approval.--The term ``joint
resolution of approval'' means a joint resolution--
(A) that is introduced during the period--
(i) beginning on the date on which the
Independent Reorganization Review Panel submits
to Congress a report relating to a major
executive reorganization in accordance with
section 5(c); and
(ii) ending on the date that is 7 days
after the date described in clause (i);
(B) the title of which is as follows: ``Joint
resolution relating to ____'', the blank space being
filled in with a description of the major executive
reorganization described in subparagraph (A)(i);
(C) which does not have a preamble; and
(D) the matter after the resolving clause of which
is ``That Congress approves of the major executive
reorganization described in the reorganization impact
report submitted by the President relating to ____, and
such major executive reorganization may take effect.''
(The blank spaces being appropriately filled in).
(5) Labor organization.--The term ``labor organization''
has the meaning given the term in section 7103 of title 5,
United States Code.
(6) Major executive reorganization.--The term ``major
executive reorganization'' means an action taken by the
executive branch of the Federal Government that--
(A) combined with other reorganizational efforts,
reduces the number of employees of an agency by not
less than 5 percent;
(B) combined with other reorganizational efforts,
reduces the operating budget of an agency by not less
than 10 percent;
(C) eliminates, merges, or closes an agency,
component of an agency, or regional office of an
agency; or
(D) transfers the operational control of a Federal
data system, platform, or administrative function to a
non-Federal entity.
(7) Reorganization impact report.--The term
``reorganization impact report'' means a report submitted
pursuant to section 3(a).
SEC. 3. REORGANIZATION IMPACT REPORTS.
(a) In General.--The President may submit to Congress and the
Independent Reorganization Review Panel a reorganization impact report
relating to a proposed major executive reorganization.
(b) Contents.--A reorganization impact report submitted under
subsection (a) shall include, with respect to a proposed major
executive reorganization--
(1) the purpose and justification for the major executive
reorganization;
(2) the number and roles of employees affected by the major
executive reorganization;
(3) the impact of the major executive reorganization on the
service delivery and mission performance of any agency;
(4) a summary of any consultation performed with each labor
organization affected by the major executive reorganization;
(5) a budgetary analysis and a description of the costs of
transition relating to the major executive reorganization; and
(6) any proposed reassignment of Federal information
technology, human resources, or financial systems under the
major executive reorganization.
SEC. 4. CONGRESSIONAL APPROVAL REQUIRED.
A major executive reorganization may not take effect until the date
on which--
(1) the President submits to Congress a reorganization
impact report relating to the major executive reorganization
under section 3(a); and
(2) Congress enacts a joint resolution of approval
providing that the major executive reorganization may take
effect.
SEC. 5. INDEPENDENT REORGANIZATION REVIEW PANEL.
(a) In General.--There is established the Independent
Reorganization Review Panel for the purpose of reviewing reorganization
impact reports.
(b) Membership.--The Independent Reorganization Review Panel shall
include--
(1) representatives of--
(A) the Office of Personnel Management;
(B) the Government Accountability Office; and
(C) the Congressional Budget Office; and
(2) 1 representative of a labor organization that is the
exclusive representative of a unit of employees (as defined in
section 7103 of title 5, United States Code).
(c) Duties.--Not later than 30 days after the date on which the
Independent Reorganization Review Panel receives a reorganization
impact report relating to a major executive reorganization pursuant to
section 3(a), the Independent Reorganization Review Panel shall submit
to Congress a report that includes a non-binding advisory opinion with
respect to the major executive reorganization.
SEC. 6. EMPLOYEE AND LABOR PROTECTIONS.
(a) In General.--Each agency shall, with respect to a major
executive reorganization carried out by the agency--
(1) not later than 60 days before the date on which the
agency begins carrying out the major executive reorganization,
provide notice regarding the major executive reorganization to
each employee of the agency who will be affected by the major
executive reorganization;
(2) fulfill all obligations of the agency under each
collective bargaining agreement (as defined in section 7103 of
title 5, United States Code) to which the agency is a party;
and
(3) undergo a review conducted by the Director of the
Office of Personnel Management to ensure that the major
executive reorganization complies with merit system principles.
(b) Rule of Construction.--Nothing in this section may be construed
to diminish or otherwise affect the procedural protections provided
under section 3502 of title 5, United States Code, or any other similar
provision of law.
SEC. 7. ENFORCEMENT.
(a) In General.--If, after investigation, the Special Counsel
determines that an officer or employee of an agency knowingly
authorized, directed, or carried out a major executive reorganization
in violation of this Act, the Special Counsel shall take appropriate
action under chapter 75 of title 5, United States Code, with respect to
the violation.
(b) Procedure.--An officer or employee of an agency against whom an
adverse action is taken under subsection (a) shall be entitled to the
procedural protections that apply under chapter 75 of title 5, United
States Code, with respect to the applicable adverse action.
SEC. 8. LEGAL STANDING AND JUDICIAL REVIEW.
(a) In General.--A labor organization or employee may bring an
action for a major executive reorganization, or any executive action,
carried out in violation of this Act in the United States District
Court for the District of Columbia for injunctive relief.
(b) Expedited Review.--The United States District Court for the
District of Columbia shall provide expedited review for an action
brought under subsection (a).
SEC. 9. SEVERABILITY.
If any provision of this Act or the application of such provision
to any person, entity, government, or circumstance, is held to be
unconstitutional, the remainder of this Act, or the application of such
provision to all other persons, entities, governments, or
circumstances, shall not be affected thereby.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
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