I 

108TH CONGRESS 

2D SESSION H. R. 4797 

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 

JULY 9, 2004 

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

Mr. CUMMINGS, Mr. WYNN, Mr. RUPPERSBERGER, Mr. OWENS, and Mr. 

KUCINICH) 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— 
2 

•HR 4797 IH 

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 shall establish a dem20 onstration project under which, through agreements with 

21 2 or more agencies, a representative range of Government 

22 services and operations (both essential and nonessential) 

23 shall be performed under circumstances simulating a situ24 ation in which Federal employees are, as a result of a sud25 den and unexpected contingency, required to work— 
3 

•HR 4797 IH 

1 (1) from home or other sites apart from their 

2 usual and customary duty station; and 

3 (2) for a continuous period of not less than 30 

4 days. 

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

6 demonstration project, the Council shall ensure— 

7 (1) that appropriate mechanisms exist so that 

8 agencies and employees are able to engage in any 

9 necessary communications, and so that appropriate 

10 oversight of employees can be maintained, at all 

11 times; 

12 (2) that employees have available to them or 

13 are able to access any technologies, information, or 

14 other resources they may require in order to carry 

15 out their duties and responsibilities effectively and 

16 efficiently; 

17 (3) that participation shall be limited to those 

18 employees who, irrespective of this Act, would other19 wise have been eligible to telework; and 

20 (4) that such project be conducted in coordina21 tion with otherwise existing Federal teleworking poli22 cies, requirements, and funding so that no additional 

23 resources are needed in order to carry out this Act. 
4 

•HR 4797 IH 

1 SEC. 4. REPORT TO CONGRESS. 

2 Not later than 18 months after the date of the enact3 ment of this Act, the Council shall submit to the Com4 mittee on Government Reform of the House of Represent5 atives and the Committee on Governmental Affairs of the 

6 Senate a written evaluation of the demonstration project, 

7 including a description of the approaches taken and les8 sons learned by participating agencies, and recommenda9 tions for such legislative or administrative action as the 

10 Council considers appropriate. 

11 SEC. 5. DEFINITIONS. 

12 For purposes of this Act— 

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

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

15 Capital Officers Council, as established by section 

16 1303 of the Homeland Security Act of 2002 (Public 

17 Law 107–296; 5 U.S.C. 1401 note); 

18 (2) the term ‘‘Federal agency’’ or ‘‘agency’’ 

19 means an Executive agency, as defined by section 

20 105 of title 5, United States Code; and 

21 (3) the term ‘‘Federal employee’’ or ‘‘employee’’ 

22 means an individual employed in or under an agen23 cy. 

Æ