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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 feasibil-
ity and desirability of temporarily placing Federal em-
ployees with another agency or other potential employer
so as to facilitate the reemployment of individuals facing
separation pursuant to a reduction in force.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Retraining and
Outplacement Opportunity Act’’.
SEC. 2. DEMONSTRATION PROJECT.
(a) DEFINITIONS.—For purposes of this Act—
(1) the terms ‘‘agency’’ and ‘‘employee’’ have
the respective meanings given those terms by section
3581 of title 5, United States Code; and
(2) the term ‘‘detail’’, as used with respect to
an employer other than an agency, means the as-
signment or loan of an employee, without a change
of position from the agency by which he or she is
employed, to such employer.
(b) AUTHORITY.—The Office of Personnel Manage-
ment shall take such steps as may be necessary in order
to provide for a demonstration project, the purpose of
which shall be to determine the feasibility and desirability
of allowing any employee who has been specifically identi-
fied for separation, pursuant to a reduction in force, to
be detailed to another agency or any other qualified poten-
tial employer, in order to afford a trial period of service
based on which an assessment could be made as to such
employee’s suitability for employment with such employer,
following the upcoming separation.
(c) QUALIFIED POTENTIAL EMPLOYER.—For pur-
poses of this Act, the term ‘‘qualified potential employer’’,
in the case of an employer other than an agency, means
any continuing concern that—
(1) meets such qualification requirements as
the Office shall by regulation prescribe; and
(2) enters into an agreement with the Office
which is described in subsection (d).
(d) AGREEMENTS.—An agreement described in this
subsection is an agreement under which the employer
agrees, under terms acceptable to the Office—
(1) to provide a meaningful trial period of
work;
(2) to make a final written evaluation (as well
as any interim evaluations which may be required)
of the individual’s work;
(3) if the individual’s work is satisfactory,
then—
(A) to offer employment to such individual
(under terms specified in the agreement); or
(B) in the event that an offer under sub-
paragraph (A) is not made, to reimburse the
Government for the costs incurred by the Gov-
ernment in connection with such trial period;
and
(4) if the individual becomes employed by such
employer (under terms specified in the agreement)
and thereafter remains continuously employed by
such employer for 2 years (disregarding any break
in service of 5 days or less), to make the reimburse-
ment described in paragraph (3)(B).
Any amount owed to the Government under paragraph
(3)(B) or (4) shall be treated as a debt due the United
States.
(e) TREATMENT OF EMPLOYEES WHILE DETAILED
OUTSIDE THE GOVERNMENT.—An employee detailed to a
position outside the Federal Government remains an em-
ployee of his agency. The Federal Tort Claims Act and
any other Federal tort liability statute shall apply to an
employee so detailed.
(f) LIMITATION.—An employee may, in connection
with any upcoming separation, be detailed under this Act
for a cumulative period totalling not more than 90 work-
days.
(g) DETAILS ARE NONREIMBURSABLE.—Except as
provided in subsection (d), a detail under this Act shall
be nonreimbursable.
SEC. 3. PROJECT TO BE CONDUCTED UNDER SECTION 4703
OF TITLE 5.
(a) IN GENERAL.—Except as provided in subsection
(b), the demonstration project shall be governed by section
4703 of title 5, United States Code.
(b) EXCEPTIONS.—The demonstration project—
(1) shall not be counted for purposes of the
limit specified in subsection (d)(2) of such section
4703; and
(2) upon request of the Secretary of Energy,
shall permit participation by any employee of the
Department of Energy who is regularly assigned to
its facility in Germantown, Maryland.
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