119-hr1835

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1835 Introduced in House

    (IH) ]

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119th CONGRESS
 1st Session
 H. R. 1835

 To require the reinstatement of recently terminated probationary 
 Federal employees, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 4, 2025

 Mrs. McIver (for herself, Mrs. Cherfilus-McCormick, Mrs. Watson 
Coleman, Ms. Titus, Mr. Vargas, Ms. Norton, Ms. Barragan, Mrs. Foushee, 
 Mr. Thanedar, Mr. Khanna, Mr. Mannion, Mr. Grijalva, Mr. Smith of 
 Washington, Ms. Tlaib, Mr. Garcia of California, Ms. Tokuda, Ms. 
 Ocasio-Cortez, Mr. Turner of Texas, Mr. Landsman, Ms. Bonamici, Ms. 
 Velazquez, Mr. Jackson of Illinois, Ms. Ansari, Mr. Ivey, Mr. Johnson 
 of Georgia, Mr. Carter of Louisiana, Mr. Davis of Illinois, Mr. 
 Thompson of Mississippi, Ms. Simon, Mr. Panetta, Ms. Crockett, Mr. 
 Beyer, Mr. Carson, Mr. Evans of Pennsylvania, Ms. Pressley, Mrs. 
 Ramirez, Ms. McCollum, Mr. Kennedy of New York, Ms. Brown, Mr. Pocan, 
Ms. Underwood, Mr. Cohen, Mr. Cleaver, Mr. Bishop, Ms. Meng, Mr. Meeks, 
 Mr. Tonko, Mr. McGovern, Ms. Lee of Pennsylvania, Ms. Williams of 
 Georgia, Mr. Olszewski, Ms. Clarke of New York, Ms. Adams, Mr. Garcia 
of Illinois, Ms. Scanlon, Mr. Connolly, Ms. Dean of Pennsylvania, Mrs. 
 Torres of California, Mr. Bell, Mr. Latimer, Mr. Espaillat, Mrs. 
 Trahan, Ms. McClellan, Ms. Wilson of Florida, Mr. Conaway, Mr. 
Hernandez, Ms. Chu, Ms. Kelly of Illinois, Ms. Jayapal, Ms. Waters, Ms. 
 Pettersen, and Mr. Fields) introduced the following bill; which was 
 referred to the Committee on Oversight and Government Reform, and in 
 addition to the Committee on Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
 of such provisions as fall within the jurisdiction of the committee 
 concerned

_______________________________________________________________________

 A BILL

 To require the reinstatement of recently terminated probationary 
 Federal employees, and for other purposes.

 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 ``Model Employee Reinstatement for 
Ill-advised Termination Act'' or the ``MERIT Act''.

SEC. 2. REINSTATEMENT OF AFFECTED PROBATIONARY EMPLOYEES.

    (a) In General.--Each affected probationary employee, other than an 
affected probationary employee entitled to a payment under subsection

    (b) , is entitled, in accordance with this Act, to an appointment to a 
position in the former employing agency of such affected probationary 
employee that is the same or similar to the previous Federal position 
of such affected probationary employee and, if such employee elects to 
accept an appointment under this subsection, a payment in an amount 
equal to the amount that such affected probationary employee would have 
been paid by such former employing agency during the period beginning 
on the termination date of such affected probationary employee and 
ending on the date on which such affected probationary employee is so 
appointed if such affected probationary employee had not become an 
affected probationary employee.

    (b) Subsequent Federal Employment.--

    (1) In general.--Except as provided in paragraph

    (4) --
        (A) an affected probationary employee that was 
 appointed to a new Federal position and holds such a 
 position as of the date of the enactment of this Act is 
 entitled to the payment described in paragraph

    (2) ; and
        (B) an affected probationary employee that was 
 appointed to a new Federal position and does not hold 
 such a position as of the date of the enactment of this 
 Act is entitled to--
            (i) an appointment to a position in the 
 former employing agency of such affected 
 probationary employee that is the same or 
 similar to the previous Federal position of 
 such affected probationary employee; and
            (ii) if such affected probationary employee 
 elects to accept an appointment under clause
            (i) , the payment described in paragraph

    (3) .

    (2) Current federal employee payment described.--The 
 payment described in this paragraph is a payment in an amount 
 equal to the difference between--
        (A) the amount that the affected probationary 
 employee would have been paid by the former employing 
 agency of such affected probationary employee during 
 the period beginning on the termination date of such 
 affected probationary employee and ending on the date 
 on the date of the enactment of this Act; and
        (B) the amount equal to the sum of pay earned by 
 such affected probationary employee in any new Federal 
 position to which such affected probationary employee 
 was appointed during such period.

    (3) Other affected employee payment.--The payment described 
 in this paragraph is a payment in an amount equal to the sum 
 of--
        (A) the payment described under subparagraph

    (2) ; 
 and
        (B) a payment in an amount equal to the amount that 
 the affected probationary employee would have been paid 
 by the former employing agency of such affected 
 probationary employee during the period beginning on 
 the date of the enactment of this Act and ending on the 
 date on which such affected probationary employee is 
 appointed under paragraph

    (1)
        (B) if such affected 
 probationary employee had not become an affected 
 probationary employee.

    (4) Exception.--An affected probationary employee is not 
 entitled to a payment under paragraph

    (1) if the amount of such 
 payment is less than zero.

    (5) New federal position defined.--In this subsection, the 
 term ``new Federal position'' means a position in the Federal 
 Government to which the affected probationary employee was 
 appointed after becoming an affected probationary employee.
            (c) Payment.--

    (1) In general.--The former employing agency of an affected 
 probationary employee shall begin making any payment to which 
 such affected probationary employee is entitled under this 
 section not later than 90 days after the pay for each relevant 
 position is determined in accordance with 

section 5.

    (2) Method.--A payment described in subsection

    (a) or

    (b) shall be paid in one lump sum.

    (3) Taxation.--For purposes of the Internal Revenue Code of 
 1986, any payment to an individual under subsection

    (a) or

    (b) shall be treated as wages paid with respect to the employment 
 of such individual.

    (4) Pay limits.--A payment to an affected probationary 
 employee under this section shall be disregarded with respect 
 to any limit on the pay of employees that is applicable to the 
 affected probationary employee.

    (5) Reinstatement.--An appointment under subsection

    (a)

    (1) or

    (b)

    (1)
        (B) to a position in the competitive service (as 
 defined in 

section 2102 of title 5, United States Code) shall 
 be made without regard to the provisions of subchapter I of 
 chapter 33 of title 5, United States Code.
            (d) Employment Benefits.--For the purposes of this section, a 
position is the same or similar to a previous Federal position with 
respect to an affected probationary employee only if the employment 
benefits, including retirement benefits, health insurance, and leave, 
available to such affected probationary employee in such position match 
or exceed the employment benefits available to such affected 
probationary employee in such previous Federal position.

SEC. 3. NOTICE AND SELECTION.

    (a) Notice.--Not later than 30 days after the date of the enactment 
of this Act, the head of each Executive agency shall notify each 
affected probationary employee for which such Executive agency is the 
former employing agency of the rights of affected probationary 
employees under this Act and the method by which such affected 
probationary employee may inform such Executive agency of the 
acceptance or rejection an appointment in accordance with subsection

    (b)

    (1) .

    (b) Selection.--

    (1) In general.--An affected probationary employee entitled 
 to an appointment under 

section 2 must inform the former 
 employing agency of such affected probationary employee of the 
 acceptance or rejection of such appointment by such affected 
 probationary employee not later than 30 days after receiving 
 the notice required by subsection

    (a) .

    (2) Forfeiture.--An affected probationary employee entitled 
 to an appointment under 

section 2 that does not inform the 
 former employing agency of such affected probationary employee 
 in accordance with paragraph

    (1) shall cease to be entitled to 
 such an appointment.
            (c) Agency Compliance.--If an affected probationary employee 
accepts an appointment under 

section 2 and informs the former employing 
agency of such affected probationary employee of such acceptance in 
accordance with subsection

    (b) , the head of such former employing 
agency shall make such appointment not later than 30 days after such 
affected probationary employee so informs such former employing agency.

SEC. 4. SEPARATION TREATMENT.

 Each affected probationary employee is deemed to have been 
involuntarily separated without cause from the previous Federal 
position of such affected probationary employee.

SEC. 5. PAYMENT DETERMINATION.

    (a) In General.--For the purposes of this Act, the Director of the 
Office of Personnel Management shall determine the pay for a position 
held by an affected probationary employee based on such evidence of the 
pay of such position as the affected probationary employee may provide, 
or if the Director determines sufficient evidence has not been so 
provided to adequately determine the pay for such position, the pay 
shall be determined by the Director based on such other information as 
the Director determines appropriate.

    (b) Employee Information.--An affected probationary employee may 
provide evidence of the pay of a position to the Director of the Office 
of Personnel Management under subsection

    (a) until the earlier of--

    (1) the date that is 60 days after the date on which such 
 affected probationary employee received the notice described in 
 

section 3

    (a) ; or

    (2) the date on which the Director determines the pay for 
 such positions for the purposes of this Act.
            (c) Information Sharing.--The head of each Executive agency shall 
provide to the Director of the Office of Personnel Management such 
information as the Director may require to carry out this Act.

SEC. 6. REPORTS.

    (a) Mass Termination Report.--Not later than 60 days after the date 
of the enactment of this Act, the Comptroller General of the United 
States shall submit to the Committee on Oversight and Government Reform 
of the House of Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a report on the mass 
terminations during the period beginning on January 20, 2025, and 
ending on the date of the enactment of this Act, including--

    (1) the number of employees (as defined in 

section 2105 of 
 title 5, United States Code) voluntarily or involuntarily 
 separated from Government service as part of such mass 
 terminations, in total and disaggregated by Executive agency;

    (2) for employees described in paragraph

    (1) that were 
 involuntarily separated from Government service as part of such 
 mass terminations, the reasons provided for such involuntary 
 separation;

    (3) the number of affected probationary employees;

    (4) recommendations for employees described in paragraph

    (1) , other than affected probationary employees, to which the 
 provisions of this Act should apply; and

    (5) such other information as the Comptroller General 
 determines appropriate.

    (b) Reinstatement Report.--Not later than 90 days after the date of 
the enactment of this Act, the Director of the Office of Personnel 
Management shall submit to Congress a report on the reinstatement of 
affected probationary employees under this Act, including the number of 
affected probationary employees notified under 

section 3

    (a) and the 
number of affected probationary employees that accepted an appointment 
under this Act.

SEC. 7. DEFINITIONS.

 In this Act:

    (1) Affected probationary employee.--The term ``affected 
 probationary employee'' means an individual who--
        (A) was voluntarily or involuntarily separated from 
 service in an Executive agency as part of a mass 
 termination by an Executive agency during the period 
 beginning on January 20, 2025, and ending on the date 
 of the enactment of this Act; and
        (B) immediately prior to such separation--
            (i) held a position in the competitive 
 service, excepted service, or Senior Executive 
 Service, other than under a temporary 
 appointment; and
            (ii) was either--
            (I) serving a probationary or trial 
 period under an initial appointment; or
            (II) otherwise not an employee (as 
 defined in 

section 7511 of title 5, 
 United States Code) because such 
 individual had not completed the 
 required years of current continuous 
 service.

    (2) Competitive service.--The term ``competitive service'' 
 has the meaning given such term in 

section 2102 of title 5, 
 United States Code.

    (3) Covered separation.--The term ``covered separation'' 
 means a separation from Government service that is--
        (A) an involuntary separation from Government 
 service, other than an involuntary separation for 
 retirement under 

section 3382 of title 5, United States 
 Code; or
        (B) a voluntary separation from Government service 
 for compensation or other incentives offered by the 
 Federal Government.

    (4) Excepted service.--The term ``excepted service'' has 
 the meaning given such term in 

section 2103 of title 5, United 
 States Code.

    (5) Executive agency.--The term ``Executive agency'' has 
 the meaning given such term in 

section 105 of title 5, United 
 States Code.

    (6) Former employing agency.--With respect to an affected 
 probationary employee, the term ``former employing agency'' 
 means the Executive agency from which the separation of such 
 individual made such individual an affected probationary 
 employee.

    (7) Mass termination.--The term ``mass termination'' means 
 not less than 15 covered separations from service in an 
 Executive agency during a 30-day period pursuant to the same or 
 related actions, directives, orders, or activities by the 
 Federal Government.

    (8) Previous federal position.--The term ``previous Federal 
 position'' means the position in the Federal Government held by 
 the affected probationary employee in the former employing 
 agency immediately before becoming an affected probationary 
 employee.

    (9) Senior executive service.--The term ``Senior Executive 
 Service'' has the meaning given such term in 

section 2101a of 
 title 5, United States Code.
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