[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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