RESTORE Act

Bill Number

H.R. 3192

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Armed Forces and National Security

Status

Introduced

Latest Action

2025-05-21: Referred to the Subcommittee on Oversight and Investigations.

Last Updated

2025-06-04T14:30:22Z

AI-Generated Summary

Summary of H.R. 3192: Reinstating Employee Salaries To Original Rates and Entitlements Act (RESTORE Act)

Purpose

The legislation aims to provide back pay to certain employees of the Department of Veterans Affairs (VA) who were involuntarily removed from their jobs and later reinstated, ensuring they receive compensation for lost wages during a specific period following January 20, 2025 (the date of a presidential inauguration). It focuses on restoring financial equity for these workers without applying to politically appointed roles.

Key Provisions

• Eligibility for Back Pay: Any VA employee (including those in probationary or trial periods due to a promotion) who was involuntarily removed and then reinstated or reappointed between January 20, 2025, and the date this Act is enacted qualifies for back pay. This compensation follows the rules in Section 5596 of Title 5, U.S. Code, which generally covers lost pay for wrongfully terminated federal employees, including interest and other adjustments.
• Exclusion for Political Positions: The back pay does not apply to individuals removed from "political positions," defined as:
• High-level executive roles under the Executive Schedule (Sections 5312–5316 of Title 5, U.S. Code), such as cabinet secretaries or deputy secretaries.
• Noncareer appointees, meaning temporary or political hires not in permanent civil service roles (as defined in Section 3132(a) of Title 5, U.S. Code).
• Confidential or policy-making positions in the executive branch listed under Schedule C of the federal regulations (Part 213 of Title 5, Code of Federal Regulations).
• Short Title: The Act is nicknamed the "RESTORE Act."

Significant Changes to Existing Law

This bill introduces a targeted application of the existing federal back pay statute (5 U.S.C. § 5596) specifically for VA employees affected by involuntary removals in a narrow timeframe (January 20, 2025, to enactment). It does not alter the core back pay rules but expands eligibility to include probationary employees due to promotions and explicitly carves out political positions, which were not previously addressed in this context for the VA. No broader changes to civil service protections or removal procedures are made.

Potential Impacts

• On Government Agencies: The VA would need to process and pay back wages (potentially including interest) for eligible reinstated employees, which could strain its budget and administrative resources during the specified period. This might encourage more careful handling of personnel decisions to avoid future liabilities.
• On Citizens: Primarily benefits VA employees (often veterans or those serving veterans) by providing financial relief for lost income, promoting job security in a key federal agency. Taxpayers could face indirect costs through federal spending on these payments.
• On International Relations: No direct impacts, as the bill is focused on domestic federal employment matters.

Main Stakeholders Affected

• Reinstated VA Employees: The primary beneficiaries, including career civil servants and probationary staff, who gain access to back pay for wrongful removals.
• Department of Veterans Affairs: Must implement the payments and verify eligibility, affecting its human resources and finance operations.
• Federal Taxpayers and Congress: Bear the fiscal responsibility and oversee enforcement through the Committee on Veterans' Affairs.
• Political Appointees: Excluded from benefits, protecting the ability to remove such roles without financial repercussions.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: Reinforces federal protections against arbitrary dismissals under civil service laws by applying the back pay remedy (5 U.S.C. § 5596) to a specific post-inauguration window, potentially setting a precedent for similar relief in other agencies during administration transitions. It ensures due process for non-political employees without challenging removal authority.
• Constitutional Implications: Aligns with constitutional principles of fair compensation under the Fifth Amendment's Due Process Clause by addressing potential wrongful terminations, but it does not expand or limit executive branch appointment powers.
• Political Implications: The timing (starting January 20, 2025) suggests it addresses concerns over mass firings or purges in the VA during a new presidential administration, promoting stability in veteran services. It could spark debates on politicization of the civil service versus protecting essential workers, but remains neutral by excluding overtly political roles.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Meng, Grace [D-NY-6]

Recent Actions

• 2025-05-21: Referred to the Subcommittee on Oversight and Investigations.
• 2025-05-05: Referred to the House Committee on Veterans' Affairs.
• 2025-05-05: Introduced in House
• 2025-05-05: Introduced in House

Bill Versions

• This Act may be cited as the Reinstating Employee Salaries To Original Rates and Entitlements Act — issued 2025-05-05 — PDF (2 pages)