H.R. 5249

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5249 Introduced in House (IH)]

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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.
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