119-s1075

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1075 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1075

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

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 March 14, 2025

Ms. Alsobrooks (for herself, Mr. Van Hollen, Mr. Warner, and Mr. Kaine) 
introduced the following bill; which was read twice and referred to the 
 Committee on Finance

_______________________________________________________________________

 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. 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 enactment of this Act; and
        (B) immediately before the separation described in 
 subparagraph
        (A) --
            (i) occupied a position in the competitive 
 service, excepted service, or Senior Executive 
 Service, other than under a temporary 
 appointment; and
            (ii) was--
            (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 the 
 individual had not completed the 
 required years of current continuous 
 service.

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

section 2103 of title 5, United 
 States Code.

    (5) Executive agency.--The term ``Executive agency'' has 
 the meaning given the 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 the 
 individual made the 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, with respect to an affected probationary 
 employee, the position in the Federal Government occupied 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 the term in 

section 2101a of 
 title 5, United States Code.

SEC. 3. 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--

    (1) an appointment to a position in the former employing 
 agency of the affected probationary employee that is the same 
 or similar to the previous Federal position of the affected 
 probationary employee; and

    (2) if the affected probationary employee elects to accept 
 an appointment under paragraph

    (1) , a payment in an amount 
 equal to the amount that the affected probationary employee 
 would have been paid by the former employing agency of the 
 affected probationary employee during the period beginning on 
 the termination date of the affected probationary employee and 
 ending on the date on which the affected probationary employee 
 is so appointed, if the 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 occupies such a 
 position as of the date of 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 enactment of this Act 
 is entitled to--
            (i) an appointment to a position in the 
 former employing agency of the affected 
 probationary employee that is the same or 
 similar to the previous Federal position of the 
 affected probationary employee; and
            (ii) if the 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 the affected probationary employee during the 
 period beginning on the termination date of the 
 affected probationary employee and ending on the date 
 of enactment of this Act; and
        (B) the amount equal to the sum of pay earned by 
 the affected probationary employee in any new Federal 
 position to which the affected probationary employee 
 was appointed during the period described in 
 subparagraph
        (A) .

    (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 in 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 the affected 
 probationary employee during the period beginning on 
 the date of enactment of this Act and ending on the 
 date on which the affected probationary employee is 
 appointed under paragraph

    (1)
        (B) , if the 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 that 
 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 an affected probationary employee is 
 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 
 that 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 1 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 that 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 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 the affected probationary employee in that position match 
or exceed the employment benefits available to the affected 
probationary employee in the previous Federal position of the affected 
probationary employee.

SEC. 4. NOTICE AND SELECTION.

    (a) Notice.--Not later than 30 days after the date of enactment of 
this Act, the head of each Executive agency shall notify each affected 
probationary employee for which the Executive agency is the former 
employing agency of the rights of affected probationary employees under 
this Act and the method by which the affected probationary employee may 
inform that 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 3 shall inform the former 
 employing agency of the affected probationary employee of the 
 acceptance or rejection of that appointment by that 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 3 that does not inform the 
 former employing agency of the 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 3 and informs the former employing 
agency of the affected probationary employee of that acceptance in 
accordance with subsection

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

SEC. 5. SEPARATION TREATMENT.

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

SEC. 6. 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 that 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 that 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 the 
 affected probationary employee received the notice described in 
 

section 4

    (a) ; or

    (2) the date on which the Director determines the pay for 
 those 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. 7. REPORTS.

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

    (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 
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 4

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