Section 1 Short title
This Act may be cited as the “Limit on Sweeping Executive Reorganization Act”.
Limit on Sweeping Executive Reorganization Act
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.
Sec. 2 Definitions
In this Act:
Agency— The term agency has the meaning given the term in section 6 of title 18, United States Code.
Employee— The term employee has the meaning given the term in section 2105 of title 5, United States Code.
Independent reorganization review panel— The term Independent Reorganization Review Panel means the panel established under section 5(a).
Joint resolution of approval— The term joint resolution of approval means a joint resolution—
that is introduced during the period—
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
ending on the date that is 7 days after the date described in clause (i);
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);
which does not have a preamble; and
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).
Labor organization— The term labor organization has the meaning given the term in section 7103 of title 5, United States Code.
Major executive reorganization— The term major executive reorganization means an action taken by the executive branch of the Federal Government that—
combined with other reorganizational efforts, reduces the number of employees of an agency by not less than 5 percent;
combined with other reorganizational efforts, reduces the operating budget of an agency by not less than 10 percent;
eliminates, merges, or closes an agency, component of an agency, or regional office of an agency; or
transfers the operational control of a Federal data system, platform, or administrative function to a non-Federal entity.
Reorganization impact report— The term reorganization impact report means a report submitted pursuant to section 3(a).
Sec. 3 Reorganization impact reports
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.
Contents— A reorganization impact report submitted under subsection (a) shall include, with respect to a proposed major executive reorganization—
the purpose and justification for the major executive reorganization;
the number and roles of employees affected by the major executive reorganization;
the impact of the major executive reorganization on the service delivery and mission performance of any agency;
a summary of any consultation performed with each labor organization affected by the major executive reorganization;
a budgetary analysis and a description of the costs of transition relating to the major executive reorganization; and
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—
the President submits to Congress a reorganization impact report relating to the major executive reorganization under section 3(a); and
Congress enacts a joint resolution of approval providing that the major executive reorganization may take effect.
Sec. 5 Independent Reorganization Review Panel
In general— There is established the Independent Reorganization Review Panel for the purpose of reviewing reorganization impact reports.
Membership— The Independent Reorganization Review Panel shall include—
representatives of—
the Office of Personnel Management;
the Government Accountability Office; and
the Congressional Budget Office; and
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).
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
In general— Each agency shall, with respect to a major executive reorganization carried out by the agency—
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;
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
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.
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
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.
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
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.
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.