[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3649 Introduced in House (IH)]







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.

    Be it enacted by the Senate and House of Representatives 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 assignment 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 Management 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 
identified for separation, pursuant to a reduction in force, to be 
detailed to another agency or any other qualified potential 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 purposes 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 subparagraph 
                (A) is not made, to reimburse the Government for the 
                costs incurred by the Government 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 reimbursement 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 employee 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 workdays.
    (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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