119th Congress (2025-2026)

HR 1835

MERIT Act

Introduced

Jurisdiction

US Congress

Session

119th Congress (2025-2026)

Official source

Chamber

House

Session

119th Congress (2025-2026)

Jurisdiction

US Congress

Bill overview

The MERIT Act aims to reinstate recently terminated probationary federal employees who were part of mass layoffs that occurred between January 20, 2025, and the bill’s enactment. It provides a pathway for these employees to return to a similar position within their former agency or a comparable one, with potential compensation for lost earnings. The Act also establishes reporting requirements to assess the impact of these mass terminations and guide future policy.

Key provisions

Requires former employing agencies to reinstate affected probationary employees.
Offers reinstatement to a similar or equivalent position within the former agency.
Provides compensation to affected probationary employees for lost earnings during the period between termination and reinstatement.
Establishes a process for determining pay for reinstated positions, considering evidence provided by the employee or relying on the Director of OPM’s judgment.
Requires agencies to notify affected employees of their rights and appointment options.
Mandates agencies to make appointments within 30 days of an employee’s acceptance of an offer.
Requires the Comptroller General to report on the mass terminations and their impact.
Defines key terms such as ‘affected probationary employee’ and ‘mass termination’.

Who is affected

Former probationary federal employees
Executive agencies
Office of Personnel Management
Comptroller General of the United States

Positions across the country

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Reasons to support this legislation.

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Arguments opposed

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Legislative history

2025-03-04House

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.

2025-03-04House

2025-03-04

Introduced in House

2025-03-04

Introduced in House

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Mar 4, 2025XMLView source

119th CONGRESS — 1st Session

H. R. 1835

IN THE HOUSE OF REPRESENTATIVES

A BILL

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

1.Short title

This Act may be cited as the

Model Employee Reinstatement for Ill-advised Termination Act

or the

MERIT Act

2.Reinstatement of affected probationary employees

(a)In generalEach 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 describedThe 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 definedIn 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 generalThe 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)TaxationFor 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 limitsA 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)ReinstatementAn 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.

3.Notice and selection

(a)NoticeNot 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 generalAn 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)ForfeitureAn 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 complianceIf 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.

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.

5.Payment determination

(a)In generalFor 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 informationAn 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 sharingThe 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.

6.Reports

(a)Mass termination reportNot 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 reportNot 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.

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 separationThe 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 agencyThe term Executive agency has the meaning given such term in section 105 of title 5, United States Code.

(6)Former employing agencyWith 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 positionThe 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.

HR 1835

Bill overview

Key provisions

Who is affected

Sponsors

Primary sponsor

Cosponsors

Positions across the country

Arguments in favor

Arguments opposed

Bill text

Notable changes

Fiscal impact

Positions across the country