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