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104TH CONGRESS

2D SESSION H. R. 3649

To provide for a demonstration project to assess the feasibility and desirability

of temporarily placing Federal employees with another agency or other

potential employer so as to facilitate the reemployment of individuals

facing separation pursuant to a reduction in force.

IN THE HOUSE OF REPRESENTATIVES

JUNE 13, 1996

Mrs. MORELLA introduced the following bill; which was referred to the

Committee on Government Reform and Oversight

A BILL

To provide for a demonstration project to assess the feasibility and desirability of temporarily placing Federal employees with another agency or other potential employer

so as to facilitate the reemployment of individuals facing

separation pursuant to a reduction in force.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Retraining and

5 Outplacement Opportunity Act’’.

6 SEC. 2. DEMONSTRATION PROJECT.

7 (a) DEFINITIONS.—For purposes of this Act—
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1 (1) the terms ‘‘agency’’ and ‘‘employee’’ have

2 the respective meanings given those terms by section

3 3581 of title 5, United States Code; and

4 (2) the term ‘‘detail’’, as used with respect to

5 an employer other than an agency, means the as6 signment or loan of an employee, without a change

7 of position from the agency by which he or she is

8 employed, to such employer.

9 (b) AUTHORITY.—The Office of Personnel Manage10 ment shall take such steps as may be necessary in order

11 to provide for a demonstration project, the purpose of

12 which shall be to determine the feasibility and desirability

13 of allowing any employee who has been specifically identi14 fied for separation, pursuant to a reduction in force, to

15 be detailed to another agency or any other qualified poten16 tial employer, in order to afford a trial period of service

17 based on which an assessment could be made as to such

18 employee’s suitability for employment with such employer,

19 following the upcoming separation.

20 (c) QUALIFIED POTENTIAL EMPLOYER.—For pur21 poses of this Act, the term ‘‘qualified potential employer’’,

22 in the case of an employer other than an agency, means

23 any continuing concern that—

24 (1) meets such qualification requirements as

25 the Office shall by regulation prescribe; and
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1 (2) enters into an agreement with the Office

2 which is described in subsection (d).

3 (d) AGREEMENTS.—An agreement described in this

4 subsection is an agreement under which the employer

5 agrees, under terms acceptable to the Office—

6 (1) to provide a meaningful trial period of

7 work;

8 (2) to make a final written evaluation (as well

9 as any interim evaluations which may be required)

10 of the individual’s work;

11 (3) if the individual’s work is satisfactory,

12 then—

13 (A) to offer employment to such individual

14 (under terms specified in the agreement); or

15 (B) in the event that an offer under sub16 paragraph (A) is not made, to reimburse the

17 Government for the costs incurred by the Gov18 ernment in connection with such trial period;

19 and

20 (4) if the individual becomes employed by such

21 employer (under terms specified in the agreement)

22 and thereafter remains continuously employed by

23 such employer for 2 years (disregarding any break

24 in service of 5 days or less), to make the reimburse25 ment described in paragraph (3)(B).
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1 Any amount owed to the Government under paragraph

2 (3)(B) or (4) shall be treated as a debt due the United

3 States.

4 (e) TREATMENT OF EMPLOYEES WHILE DETAILED

5 OUTSIDE THE GOVERNMENT.—An employee detailed to a

6 position outside the Federal Government remains an em7 ployee of his agency. The Federal Tort Claims Act and

8 any other Federal tort liability statute shall apply to an

9 employee so detailed.

10 (f) LIMITATION.—An employee may, in connection

11 with any upcoming separation, be detailed under this Act

12 for a cumulative period totalling not more than 90 work13 days.

14 (g) DETAILS ARE NONREIMBURSABLE.—Except as

15 provided in subsection (d), a detail under this Act shall

16 be nonreimbursable.

17 SEC. 3. PROJECT TO BE CONDUCTED UNDER SECTION 4703

18 OF TITLE 5.

19 (a) IN GENERAL.—Except as provided in subsection

20 (b), the demonstration project shall be governed by section

21 4703 of title 5, United States Code.

22 (b) EXCEPTIONS.—The demonstration project—

23 (1) shall not be counted for purposes of the

24 limit specified in subsection (d)(2) of such section

25 4703; and
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1 (2) upon request of the Secretary of Energy,

2 shall permit participation by any employee of the

3 Department of Energy who is regularly assigned to

4 its facility in Germantown, Maryland.

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