H.R. 5249 — Limit on Sweeping Executive Reorganization Act

This section defines terms used in the Act, including (1) "agency" (as defined in 18 U.S.C. §6); (2) "employee" (as defined in 5 U.S.C. §2105); (3) "independent reorganization review panel" (the panel established under section 5(a)); (4) "joint resolution of approval" (a joint resolution introduced within seven days of the panel's report under section 5(c), with specified title format, no preamble, and approving a major executive reorganization described in the President's reorganization impact report); (5) "labor organization" (as defined in 5 U.S.C. §7103); (6) "major executive reorganization" (an executive branch action that, alone or combined with other efforts, reduces an agency's employees by at least 5 percent, reduces its operating budget by at least 10 percent, eliminates/merges/closes an agency/component/regional office, or transfers operational control of a federal data system/platform/administrative function to a non-federal entity); and (7) "reorganization impact report" (a report submitted under section 3(a)).

This section authorizes the President to submit to Congress and the Independent Reorganization Review Panel a reorganization impact report relating to a proposed major executive reorganization. The report must include (1) the purpose and justification for the reorganization; (2) the number and roles of employees affected; (3) the impact on service delivery and mission performance of any agency; (4) a summary of consultations with affected labor organizations; (5) a budgetary analysis and description of transition costs; and (6) any proposed reassignment of federal information technology, human resources, or financial systems.

This section prohibits a major executive reorganization from taking effect until the President submits a reorganization impact report under section 3(a) and Congress enacts a joint resolution of approval.

This section establishes the Independent Reorganization Review Panel to review reorganization impact reports relating to major executive reorganizations pursuant to section 3(a). The panel consists of representatives from the Office of Personnel Management, Government Accountability Office, Congressional Budget Office, and one representative of a labor organization that is the exclusive representative of a unit of employees (as defined in 5 U.S.C. 7103(a)). Not later than 30 days after receiving such a report, the panel must submit to Congress a report that includes a non-binding advisory opinion on the reorganization.

This section directs agencies carrying out a major executive reorganization to (1) provide at least 60 days' notice to each affected employee, (2) fulfill all obligations under applicable collective bargaining agreements, and (3) undergo a review by the Director of the Office of Personnel Management to ensure compliance with merit system principles. It provides that these requirements do not diminish procedural protections under 5 U.S.C. 3502 (governing employee retention priorities—tenure, veterans preference, length of service, and performance—in reductions in force).

This section directs the Special Counsel to take appropriate adverse action under chapter 75 of title 5, United States Code (i.e., personnel actions such as removal or suspension), against any agency officer or employee who knowingly authorizes, directs, or carries out a major executive reorganization in violation of this Act. Affected officers or employees are entitled to the procedural protections applicable under that chapter.

This section authorizes a labor organization or employee to bring an action in the United States District Court for the District of Columbia seeking injunctive relief against a major executive reorganization or any executive action carried out in violation of this Act. The section requires expedited review of such actions by that court.

This section establishes a severability clause, providing that if any provision of the Act, or its application to any person, entity, government, or circumstance, is held unconstitutional, the remainder of the Act and the application of such provision to others remain unaffected.