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 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— 
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(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 and the Interagency Con-
tinuity of Operations Working Group shall jointly provide 
for a demonstration project under which 2 or more agen-
cies shall perform a representative range of Government 
services and operations (both essential and nonessential) 
under circumstances simulating a situation in which Fed-
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eral employees are, as a result of a sudden and unexpected 
contingency, required to work— 
(1) from locations apart from their usual and 
customary workplace, including from home and from 
agency-designated facilities; and 
(2) for a period of not less than 10 consecutive 
workdays. 
(b) OTHER REQUIREMENTS.—In carrying out the 
demonstration project, the Council and the Working 
Group shall ensure— 
(1) that appropriate mechanisms exist so that 
participating agencies and employees will be able to 
engage in any necessary communications, and so 
that appropriate oversight of employees can be main-
tained, at all times; 
(2) that participating employees have received 
appropriate training relating to what their duties 
and responsibilities are during an emergency situa-
tion and how those duties and responsibilities are to 
be carried out; 
(3) that participating employees have available 
to them or are able to access any technologies, re-
sources, information, or other assistance they may 
require in order to carry out their duties and respon-
sibilities effectively and efficiently; 
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(4) that such project is conducted in coordina-
tion with the earliest Governmentwide continuity of 
operations interagency exercise following the date of 
the enactment of this Act which is conducted by the 
Department of Homeland Security and as to which 
the implementation of this paragraph is practicable; 
(5) that, at least 3 months before such project 
is implemented, all agencies that are scheduled to 
participate have developed plans detailing which op-
erations will be performed during the simulated 
emergency, which employees will perform those oper-
ations, and how those operations are to be per-
formed; 
(6) that participation will be limited to those 
employees who, irrespective of this Act, would other-
wise have been eligible to telework; and 
(7) that such project will be conducted in co-
ordination with otherwise existing Federal tele-
working policies, 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 12 months after the date of the enact-
ment of this Act, the Council and the Working Group shall 
submit to the Committee on Government Reform of the 
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House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate a 
written evaluation of the demonstration project, including 
a description of the approaches taken and lessons learned 
by participating agencies, and recommendations for such 
legislation or administrative action as the Council and the 
Working Group consider 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 (5 
U.S.C. 1401 note); 
(2) the term ‘‘Interagency Continuity of Oper-
ations Working Group’’ or ‘‘Working Group’’ refers 
to the Interagency Continuity of Operations Work-
ing Group, established by the Federal Emergency 
Management Agency, Department of Homeland Se-
curity, pursuant to Federal Preparedness Circular 
65, dated June 15, 2004; 
(3) the term ‘‘Federal agency’’ or ‘‘agency’’ 
means an Executive agency, as defined by section 
105 of title 5, United States Code; and 
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(4) the term ‘‘Federal employee’’ or ‘‘employee’’ 
means an individual employed in or under an agen-
cy. 
Æ 
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