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 Com-
mittee 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. 
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 ‘‘Continuity of Oper-
ations Demonstration Project Act’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are—
(1) to enhance the ability of Federal agencies to 
manage their personnel and to otherwise continue to 
operate during an extended emergency situation; 
(2) to enhance the ability of Federal employees 
to carry out their duties and responsibilities from 
home or other sites removed from their usual and 
customary workplace; 
(3) to enhance flexibility in Government oper-
ations generally; and 
(4) to determine what technologies, changes in 
work processes, or other measures are needed to ac-
complish the foregoing, while preserving data secu-
rity. 
SEC. 3. CONTINUITY OF OPERATIONS DEMONSTRATION 
PROJECT. 
(a) IN GENERAL.—In order to test the preparedness 
of the Federal Government to continue to operate in the 
event of an extended emergency situation, the Chief 
Human Capital Officers Council shall establish a dem-
onstration project under which, through agreements with 
2 or more agencies, a representative range of Government 
services and operations (both essential and nonessential) 
shall be performed under circumstances simulating a situ-
ation in which Federal employees are, as a result of a sud-
den and unexpected contingency, required to work—
(1) from home or other sites apart from their 
usual and customary duty station; and 
(2) for a continuous period of not less than 30 
days. 
(b) OTHER REQUIREMENTS.—In carrying out the 
demonstration project, the Council shall ensure— 
(1) that appropriate mechanisms exist so that 
agencies and employees are able to engage in any 
necessary communications, and so that appropriate 
oversight of employees can be maintained, at all 
times; 
(2) that employees have available to them or 
are able to access any technologies, information, or 
other resources they may require in order to carry 
out their duties and responsibilities effectively and 
efficiently; 
(3) that participation shall be limited to those 
employees who, irrespective of this Act, would other-
wise have been eligible to telework; and 
(4) that such project be conducted in coordina-
tion with otherwise existing Federal teleworking poli-
cies, requirements, and funding so that no additional 
resources are needed in order to carry out this Act.
SEC. 4. REPORT TO CONGRESS. 
Not later than 18 months after the date of the enact-
ment of this Act, the Council shall submit to the Com-
mittee on Government Reform of the House of Represent-
atives and the Committee on Governmental Affairs of the 
Senate a written evaluation of the demonstration project, 
including a description of the approaches taken and les-
sons learned by participating agencies, and recommenda-
tions for such legislative or administrative action as the 
Council considers appropriate. 
SEC. 5. DEFINITIONS. 
For purposes of this Act— 
(1) the term ‘‘Chief Human Capital Officers 
Council’’ or ‘‘Council’’ refers to the Chief Human 
Capital Officers Council, as established by section 
1303 of the Homeland Security Act of 2002 (Public 
Law 107–296; 5 U.S.C. 1401 note); 
(2) the term ‘‘Federal agency’’ or ‘‘agency’’ 
means an Executive agency, as defined by section 
105 of title 5, United States Code; and 
(3) the term ‘‘Federal employee’’ or ‘‘employee’’ 
means an individual employed in or under an agen-
cy. 
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