“A bill to require the reinstatement of recently terminated probationary Federal employees, and for other purposes.”
No CRS summary available for this bill.
This section defines nine terms for purposes of the Act: (1) affected probationary employee, meaning an individual voluntarily or involuntarily separated from an executive agency as part of a mass termination between January 20, 2025, and enactment who, immediately prior, occupied a competitive service, excepted service, or Senior Executive Service position (other than temporary) while serving a probationary or trial period or otherwise lacking employee protections under 5 U.S.C. §7511; (2) competitive service, as defined in 5 U.S.C. §2102; (3) covered separation, meaning an involuntary separation (other than for retirement) or a voluntary separation for federal compensation or incentives; (4) excepted service, as defined in 5 U.S.C. §2103; (5) executive agency, as defined in 5 U.S.C. §105; (6) former employing agency, meaning the executive agency from which an affected probationary employee was separated; (7) mass termination, meaning at least 15 covered separations from an executive agency in a 30-day period due to the same or related federal actions; (8) previous Federal position, meaning the position held by an affected probationary employee immediately before separation; and (9) Senior Executive Service, as defined in 5 U.S.C. §2101a.
This section establishes reinstatement rights and back pay entitlements for affected probationary federal employees (i.e., those terminated from federal positions) to same or similar positions (defined as matching or exceeding prior employment benefits, including retirement, health insurance, and leave) in their former employing agencies. Specifically, it provides that (1) affected probationary employees without subsequent federal employment are entitled to such an appointment and, if accepted, a lump-sum back pay payment equal to amounts they would have earned from termination date to appointment date; (2) those currently in a subsequent federal position as of enactment are entitled to a lump-sum payment equal to the difference between former-agency earnings and actual earnings from termination date to enactment (with no payment if less than zero); and (3) those no longer in a subsequent federal position are entitled to such an appointment and, if accepted, a lump-sum payment equal to that differential through enactment plus former-agency earnings from enactment to appointment (with no payment if less than zero). Former agencies must begin payments not later than 90 days after pay is determined under section 5 of the Act; payments are treated as wages for tax purposes, disregarded for applicable pay limits, and appointments to competitive service positions are made without regard to standard hiring procedures under 5 U.S.C. chapter 33, subchapter I. (Thus, the provision offers priority noncompetitive reinstatement and tailored back pay remedies that credit interim federal earnings, aiding recovery for probationary employees typically subject to easier termination during their initial service period.)
This section establishes notice and selection procedures for affected probationary employees entitled to appointments under section 3 of the Act. It requires each executive agency head to notify such employees—for which the agency is the former employing agency—of their rights and acceptance procedures within 30 days after enactment; requires employees to inform the former employing agency of acceptance or rejection within 30 days after receiving notice (with forfeiture of the entitlement for noncompliance); and requires the former employing agency to make the appointment within 30 days after receiving notice of acceptance.
This section directs the Director of the Office of Personnel Management (OPM) to determine pay for positions held by affected probationary employees based on evidence provided by the employee or, if insufficient, other information deemed appropriate by the Director. It allows affected probationary employees to submit such evidence until the earlier of 60 days after receiving notice under section 4(a) or the date of the Director's pay determination and requires executive agency heads to provide OPM with required information.
This section directs the Comptroller General of the United States to submit to the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Oversight and Government Reform, not later than 60 days after the date of enactment, a report on mass terminations of federal employees (as defined in 5 U.S.C. §2105) from January 20, 2025, through the date of enactment. The report must include (1) the number of employees voluntarily or involuntarily separated from government service, in total and disaggregated by executive agency; (2) reasons provided for involuntary separations; (3) the number of affected probationary employees; (4) recommendations for applying this Act to non-probationary employees affected by the terminations; and (5) other information the Comptroller General deems appropriate. This section further directs the Director of the Office of Personnel Management to submit to Congress, not later than 90 days after the date of enactment, a report on the reinstatement of affected probationary employees under this Act, including the number notified under section 4(a) and the number who accepted appointments.