,,ii  #aaith ,,congress  #ast ,session  
,s4 #ajge  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,march #ad1    
#bjbe,ms4 ,alsobrooks 7for herself1 ,mr4
 ,van ,hollen1 ,mr4 ,warner1 and ,mr4   
,kaine7 introduced the following bill2  
which was read twice and referred to the
 ,committee on ,finance  ,a ,,bill  ,to 
require the reinstatement of recently   
terminated probationary ,federal        
employees1 and for other purposes4  #a4 
,short title ,this ,act may be cited as 
the ,model ,employee ,reinstatement for 
,ill-advised ,termination ,act or the   
,,merit ,act4  #b4 ,definitions ,in this
 ,act3 7#a7 ,affected probationary      
employee ,the term affected probationary
 employee means an individual who-- 7,a7
 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 #bj1 #bjbe1 and   
ending on the date of enactment of this 
,act2 and  7,b7 immediately before the  

separation described in subparagraph    
7,a7-- 7i7 occupied a position in the   
competitive service1 excepted service1  
or ,senior ,executive ,service1 other   
than under a temporary appointment2 and 
7ii7 was-- 7,i7 serving a probationary  
or trial period under an initial        
appointment2 or  7,,ii7 otherwise not an
 employee 7as defined in section #geaa  
of title #e1 ,united ,states ,code7     
because the individual had not completed
 the required years of current          
continuous service4  7#b7 ,competitive  
service ,the term competitive service   
has the meaning given the term in       
section #bajb of title #e1 ,united      
,states ,code4  7#c7 ,covered separation
 ,the term covered separation means a   
separation from ,government service that
 is-- 7,a7 an involuntary separation    
from ,government service1 other than an 
involuntary separation for retirement   
under section #cchb of title #e1 ,united
 ,states ,code2 or  7,b7 a voluntary    
separation from ,government service for 

compensation or other incentives offered
 by the ,federal ,government4  7#d7     
,excepted service ,the term excepted    
service has the meaning given the term  
in section #bajc of title #e1 ,united   
,states ,code4  7#e7 ,executive agency  
,the term ,executive agency has the     
meaning given the term in section #aje  
of title #e1 ,united ,states ,code4     
7#f7 ,former employing agency ,with     
respect to an affected probationary     
employee1 the term former employing     
agency means the ,executive agency from 
which the separation of the individual  
made the individual an affected         
probationary employee4  7#g7 ,mass      
termination ,the term mass termination  
means not less than #ae covered         
separations from service in an          
,executive agency during a #cj-;day     
period pursuant to the same or related  
actions1 directives1 orders1 or         
activities by the ,federal ,government4 
7#h7 ,previous ,federal position ,the   
term previous ,federal position means1  

with respect to an affected probationary
 employee1 the position in the ,federal 
,government occupied by the affected    
probationary employee in the former     
employing agency immediately before     
becoming an affected probationary       
employee4  7#i7 ,senior ,executive      
,service ,the term ,senior ,executive   
,service has the meaning given the term 
in section #baja;a of title #e1 ,united 
,states ,code4  #c4 ,reinstatement of   
affected probationary employees  7a7 ,in
 general ,each affected probationary    
employee1 other than an affected        
probationary employee entitled to a     
payment under subsection 7b71 is        
entitled1 in accordance with this ,act1 
to-- 7#a7 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 employee2 and  7#b7 if the 
affected probationary employee elects to
 accept an appointment under paragraph  

7#a71 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 appointed1 if the        
affected probationary employee had not  
become an affected probationary         
employee4  7b7 ,subsequent ,federal     
employment  7#a7 ,in general ,except as 
provided in paragraph 7#d7-- 7,a7 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   
7#b72 and  7,b7 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-- 7i7 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   
employee2 and  7ii7 if the affected     
probationary employee elects to accept  
an appointment under clause 7i71 the    
payment described in paragraph 7#c74    
7#b7 ,current ,federal employee payment 
described ,the payment described in this
 paragraph is a payment in an amount    
equal to the difference between-- 7,a7  
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 ,act2 and     
7,b7 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 7,a74  7#c7  
,other affected employee payment ,the   
payment described in this paragraph is a
 payment in an amount equal to the sum  
of-- 7,a7 the payment described in      
subparagraph 7#b72 and  7,b7 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 7#a77;,b71 if the       
affected probationary employee had not  
become an affected probationary         
employee4  7#d7 ,exception ,an affected 
probationary employee is not entitled to
 a payment under paragraph 7#a7 if the  
amount of that payment is less than     
zero4  7#e7 ,new ,federal position      
defined ,in this subsection1 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 employee4  7c7 ,payment    
7#a7 ,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 #ij days after the pay   
for each relevant position is determined
 in accordance with section #e4  7#b7   
,method ,a payment described in         
subsection 7a7 or 7b7 shall be paid in  
#a lump sum4  7#c7 ,taxation ,for       
purposes of the ,internal ,revenue ,code
 of #aihf1 any payment to an individual 
under subsection 7a7 or 7b7 shall be    
treated as wages paid with respect to   
the employment of that individual4  7#d7
 ,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 employee4  7#e7            
,reinstatement ,an appointment under    
subsection 7a77#a7 or 7b77#a77;,b7 to a 
position in the competitive service     
shall be made without regard to the     
provisions of subchapter ,i of chapter  
#cc of title #e1 ,united ,states ,code4 
7d7 ,employment benefits ,for the       
purposes of this section1 a position is 
the same or similar to a previous       
,federal position with respect to an    
affected probationary employee only if  
the employment benefits1 including      
retirement benefits1 health insurance1  
and leave1 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   
employee4  #d4 ,notice and selection    
7a7 ,notice ,not later than #cj days    
after the date of enactment of this     
,act1 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 7b77#a74  7b7 ,selection     
7#a7 ,in general ,an affected           
probationary employee entitled to an    
appointment under section #c 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 #cj
 days after receiving the notice        
required by subsection 7a74  7#b7       
,forfeiture ,an affected probationary   
employee entitled to an appointment     
under section #c that does not inform   
the former employing agency of the      
affected probationary employee in       
accordance with paragraph 7#a7 shall    

cease to be entitled to such an         
appointment4  7c7 ,agency compliance ,if
 an affected probationary employee      
accepts an appointment under section #c 
and informs the former employing agency 
of the affected probationary employee of
 that acceptance in accordance with     
subsection 7b71 the head of the former  
employing agency shall make that        
appointment not later than #cj days     
after the affected probationary employee
 so informs the former employing agency4
  #e4 ,separation treatment ,each       
affected probationary employee is deemed
 to have been involuntarily separated   
without cause from the previous ,federal
 position of the affected probationary  
employee4  #f4 ,payment determination   
7a7 ,in general ,for the purposes of    
this ,act1 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 provide1 or if the         
,director determines sufficient evidence
 has not been so provided to adequately 
determine the pay for that position1 the
 pay shall be determined by the         
,director based on such other           
information as the ,director determines 
appropriate4  7b7 ,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 7a7 until the earlier of--   
7#a7 the date that is #fj days after the
 date on which the affected probationary
 employee received the notice described 
in section #d7;a72 or  7#b7 the date on 
which the ,director determines the pay  
for those positions for the purposes of 
this ,act4  7c7 ,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 ,act4  #g4 ,reports  

7a7 ,mass termination report ,not later 
than #fj days after the date of         
enactment of this ,act1 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 #bj1 #bjbe1
 and ending on the date of enactment of 
this ,act1 including-- 7#a7 the number  
of employees 7as defined in section     
#baje of title #e1 ,united ,states      
,code7 voluntarily or involuntarily     
separated from ,government service as   
part of those mass terminations1 in     
total and disaggregated by ,executive   
agency2  7#b7 for employees described in
 paragraph 7#a7 that were involuntarily 
separated from ,government service as   
part of those mass terminations1 the    
reasons provided for those involuntary  
separations2  7#c7 the number of        

affected probationary employees2  7#d7  
recommendations for employees described 
in paragraph 7#a71 other than affected  
probationary employees1 to which the    
provisions of this ,act should apply2   
and  7#e7 such other information as the 
,comptroller ,general determines        
appropriate4  7b7 ,reinstatement report 
,not later than #ij days after the date 
of enactment of this ,act1 the ,director
 of the ,office of ,personnel           
,management shall submit to ,congress a 
report on the reinstatement of affected 
probationary employees under this ,act1 
including the number of affected        
probationary employees notified under   
section #d7;a7 and the number of        
affected probationary employees that    
accepted an appointment under this ,act4