I 

109TH CONGRESS 

2D SESSION H. R. 5366 

To provide for a demonstration project to enhance the ability of Federal 

agencies to continue to operate during an extended emergency situation, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2006 

Mr. DAVIS of Illinois (for himself, Mr. WAXMAN, Mr. PORTER, Ms. NORTON, 

Mr. CUMMINGS, Mr. OWENS, Mr. HOYER, Mr. WYNN, and Mr. VAN

HOLLEN) introduced the following bill; which was referred to the Committee on Government Reform 

A BILL 

To provide for a demonstration project to enhance the ability 

of Federal agencies to continue to operate during an 

extended emergency situation, and for other purposes. 

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 ‘‘Continuity of Oper5 ations Demonstration Project Act’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 


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1 (1) to enhance the ability of Federal agencies to 

2 manage their personnel and to otherwise continue to 

3 operate during an extended emergency situation; 

4 (2) to enhance the ability of Federal employees 

5 to carry out their duties and responsibilities from 

6 home or other sites removed from their usual and 

7 customary workplace; 

8 (3) to enhance flexibility in Government oper9 ations generally; and 

10 (4) to determine what technologies, changes in 

11 work processes, or other measures are needed to ac12 complish the foregoing, while preserving data secu13 rity. 

14 SEC. 3. CONTINUITY OF OPERATIONS DEMONSTRATION 

15 PROJECT. 

16 (a) IN GENERAL.—In order to test the preparedness 

17 of the Federal Government to continue to operate in the 

18 event of an extended emergency situation, the Chief 

19 Human Capital Officers Council and the Interagency Con20 tinuity of Operations Working Group shall jointly provide 

21 for a demonstration project under which 2 or more agen22 cies shall perform a representative range of Government 

23 services and operations (both essential and nonessential) 

24 under circumstances simulating a situation in which FedVerDate Aug 31 2005 12:08 May 31, 2006 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5366.IH H5366

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1 eral employees are, as a result of a sudden and unexpected 

2 contingency, required to work— 

3 (1) from locations apart from their usual and 

4 customary workplace, including from home and from 

5 agency-designated facilities; and 

6 (2) for a period of not less than 10 consecutive 

7 workdays. 

8 (b) OTHER REQUIREMENTS.—In carrying out the 

9 demonstration project, the Council and the Working 

10 Group shall ensure— 

11 (1) that appropriate mechanisms exist so that 

12 participating agencies and employees will be able to 

13 engage in any necessary communications, and so 

14 that appropriate oversight of employees can be main15 tained, at all times; 

16 (2) that participating employees have received 

17 appropriate training relating to what their duties 

18 and responsibilities are during an emergency situa19 tion and how those duties and responsibilities are to 

20 be carried out; 

21 (3) that participating employees have available 

22 to them or are able to access any technologies, re23 sources, information, or other assistance they may 

24 require in order to carry out their duties and respon25 sibilities effectively and efficiently; 


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1 (4) that such project is conducted in coordina2 tion with the earliest Governmentwide continuity of 

3 operations interagency exercise following the date of 

4 the enactment of this Act which is conducted by the 

5 Department of Homeland Security and as to which 

6 the implementation of this paragraph is practicable; 

7 (5) that, at least 3 months before such project 

8 is implemented, all agencies that are scheduled to 

9 participate have developed plans detailing which op10 erations will be performed during the simulated 

11 emergency, which employees will perform those oper12 ations, and how those operations are to be per13 formed; 

14 (6) that participation will be limited to those 

15 employees who, irrespective of this Act, would other16 wise have been eligible to telework; and 

17 (7) that such project will be conducted in co18 ordination with otherwise existing Federal tele19 working policies, requirements, and funding, so that 

20 no additional resources are needed in order to carry 

21 out this Act. 

22 SEC. 4. REPORT TO CONGRESS. 

23 Not later than 12 months after the date of the enact24 ment of this Act, the Council and the Working Group shall 

25 submit to the Committee on Government Reform of the 


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1 House of Representatives and the Committee on Home2 land Security and Governmental Affairs of the Senate a 

3 written evaluation of the demonstration project, including 

4 a description of the approaches taken and lessons learned 

5 by participating agencies, and recommendations for such 

6 legislation or administrative action as the Council and the 

7 Working Group consider appropriate. 

8 SEC. 5. DEFINITIONS. 

9 For purposes of this Act— 

10 (1) the term ‘‘Chief Human Capital Officers 

11 Council’’ or ‘‘Council’’ refers to the Chief Human 

12 Capital Officers Council, as established by section 

13 1303 of the Homeland Security Act of 2002 (5 

14 U.S.C. 1401 note); 

15 (2) the term ‘‘Interagency Continuity of Oper16 ations Working Group’’ or ‘‘Working Group’’ refers 

17 to the Interagency Continuity of Operations Work18 ing Group, established by the Federal Emergency 

19 Management Agency, Department of Homeland Se20 curity, pursuant to Federal Preparedness Circular 

21 65, dated June 15, 2004; 

22 (3) the term ‘‘Federal agency’’ or ‘‘agency’’ 

23 means an Executive agency, as defined by section 

24 105 of title 5, United States Code; and 


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1 (4) the term ‘‘Federal employee’’ or ‘‘employee’’ 

2 means an individual employed in or under an agen3 cy. 

Æ 


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