[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4797 Introduced in House (IH)]






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.

    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 ``Continuity of Operations 
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 operations 
        generally; and
            (4) to determine what technologies, changes in work 
        processes, or other measures are needed to accomplish the 
        foregoing, while preserving data security.

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 
demonstration 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 situation in which Federal employees are, as 
a result of a sudden 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 otherwise have been 
        eligible to telework; and
            (4) that such project be conducted in coordination with 
        otherwise existing Federal teleworking 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 18 months after the date of the enactment of this 
Act, the Council shall submit to the Committee on Government Reform of 
the House of Representatives and the Committee on 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 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 agency.
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