I 
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. BARRAGA´N, 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. VELA´ZQUEZ, 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. PA-
NETTA, Ms. CROCKETT, Mr. BEYER, Mr. CARSON, Mr. EVANS of Penn-
sylvania, 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. GARCI´A of Illi-
nois, 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. 
HERNA´NDEZ, 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 pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
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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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Model Employee Rein-
statement for Ill-advised Termination Act’’ or the 
‘‘MERIT Act’’. 
SEC. 2. REINSTATEMENT OF AFFECTED PROBATIONARY 
EMPLOYEES. 
(a) IN GENERAL.—Each affected probationary em-
ployee, other than an affected probationary employee enti-
tled to a payment under subsection (b), is entitled, in ac-
cordance with this Act, to an appointment to a position 
in the former employing agency of such affected proba-
tionary employee that is the same or similar to the pre-
vious Federal position of such affected probationary em-
ployee and, if such employee elects to accept an appoint-
ment 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 
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appointed if such affected probationary employee had not 
become an affected probationary employee. 
(b) SUBSEQUENT FEDERAL EMPLOYMENT.— 
(1) IN GENERAL.—Except as provided in para-
graph (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 en-
actment 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 em-
ployee 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 para-
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graph is a payment in an amount equal to the dif-
ference between— 
(A) the amount that the affected proba-
tionary employee would have been paid by the 
former employing agency of such affected pro-
bationary employee during the period beginning 
on the termination date of such affected proba-
tionary 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 af-
fected probationary employee was appointed 
during such period. 
(3) OTHER AFFECTED EMPLOYEE PAYMENT.— 
The payment described in this paragraph is a pay-
ment in an amount equal to the sum of— 
(A) the payment described under subpara-
graph (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 
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on which such affected probationary employee is 
appointed under paragraph (1)(B) if such af-
fected probationary employee had not become 
an affected probationary employee. 
(4) EXCEPTION.—An affected probationary em-
ployee 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 ap-
pointed after becoming an affected probationary em-
ployee. 
(c) PAYMENT.— 
(1) IN GENERAL.—The former employing agen-
cy of an affected probationary employee shall begin 
making any payment to which such affected proba-
tionary 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 sub-
section (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 
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paid with respect to the employment of such indi-
vidual. 
(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 proba-
tionary 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 retire-
ment 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 
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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 pro-
bationary 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 pro-
bationary employee not later than 30 days after re-
ceiving 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 proba-
tionary employee accepts an appointment under section 2 
and informs the former employing agency of such affected 
probationary employee of such acceptance in accordance 
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(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 Ex-
ecutive agency shall provide to the Director of the Office 
of Personnel Management such information as the Direc-
tor 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 Sen-
ate 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 sec-
tion 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; 
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(2) for employees described in paragraph (1) 
that were involuntarily separated from Government 
service as part of such mass terminations, the rea-
sons provided for such involuntary separation; 
(3) the number of affected probationary em-
ployees; 
(4) recommendations for employees described in 
paragraph (1), other than affected probationary em-
ployees, 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 Direc-
tor of the Office of Personnel Management shall submit 
to Congress a report on the reinstatement of affected pro-
bationary 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— 
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(A) was voluntarily or involuntarily sepa-
rated 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 enact-
ment of this Act; and 
(B) immediately prior to such separation— 
(i) held a position in the competitive 
service, excepted service, or Senior Execu-
tive 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 in-
dividual had not completed the re-
quired years of current continuous 
service. 
(2) COMPETITIVE SERVICE.—The term ‘‘com-
petitive service’’ has the meaning given such term in 
section 2102 of title 5, United States Code. 
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(3) COVERED SEPARATION.—The term ‘‘covered 
separation’’ means a separation from Government 
service that is— 
(A) an involuntary separation from Gov-
ernment service, other than an involuntary sep-
aration for retirement under section 3382 of 
title 5, United States Code; or 
(B) a voluntary separation from Govern-
ment service for compensation or other incen-
tives 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 re-
spect 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 em-
ployee. 
(7) MASS TERMINATION.—The term ‘‘mass ter-
mination’’ means not less than 15 covered separa-
tions from service in an Executive agency during a 
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30-day period pursuant to the same or related ac-
tions, 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 proba-
tionary employee in the former employing agency 
immediately before becoming an affected proba-
tionary 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. 
Æ 
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