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

The Limit on Sweeping Executive Reorganization Act is a piece of legislation introduced in the U.S. House of Representatives that aims to clarify and enforce the role of Congress in overseeing major reorganizations of executive agencies. Here’s a breakdown of its main provisions:

Purpose

The bill seeks to restore the constitutional authority of Congress to manage legislative powers regarding executive reorganizations, ensuring that significant changes within federal agencies cannot be enacted without congressional approval.

Definitions

• Agency: A federal government entity as defined in U.S. law.
• Employee: Defined as per federal law, typically referring to individuals employed by federal agencies.
• Major Executive Reorganization: Refers to actions that significantly reduce agency personnel or budgets, eliminate agencies, or transfer control of federal functions to non-federal entities.
• Reorganization Impact Report: A report required to detail the implications of any proposed major executive reorganization.

Reorganization Impact Reports

The President is allowed to propose a major reorganization by submitting a reorganization impact report to Congress. This report must include:

• Rationale for the proposed changes.
• Details of affected employees.
• Impact on service delivery and agency operations.
• Consultation summary with labor organizations.
• Financial implications and costs associated with the transition.
• Information on reassignment of federal systems related to the reorganization.

Congressional Approval

A proposed major executive reorganization cannot take effect until the President submits the reorganization impact report and Congress enacts a joint resolution of approval to authorize the changes.

Independent Reorganization Review Panel

This bill establishes an Independent Reorganization Review Panel to evaluate reorganization impact reports. The panel will provide a non-binding advisory opinion to Congress within 30 days of receiving a report.

The panel will consist of representatives from various government accountability offices and a representative from a labor organization.

Employee and Labor Protections

Agencies must notify affected employees 60 days before starting any major reorganization and must abide by existing labor agreements. Additionally, agencies need to undergo reviews to ensure compliance with merit system principles.

Enforcement Mechanisms

The Special Counsel will investigate any violations of this act. If violations are found, appropriate actions will be taken against the responsible officers or employees.

Legal Standing and Judicial Review

Employees or labor organizations can file lawsuits in the U.S. District Court for the District of Columbia to challenge any reorganizations that occur in violation of this act. The court is mandated to expedite the review of such cases.

Severability Clause

If any part of this act is found unconstitutional, the rest of the act remains in effect.

Relevant Companies

None found