[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5366 Introduced in House (IH)]








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.

    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 and the Interagency 
Continuity of Operations Working Group shall jointly provide for a 
demonstration project under which 2 or more agencies shall perform a 
representative range of Government services and operations (both 
essential and nonessential) under circumstances simulating a situation 
in which Federal 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 maintained, at all times;
            (2) that participating employees have received appropriate 
        training relating to what their duties and responsibilities are 
        during an emergency situation 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, resources, information, or 
        other assistance they may require in order to carry out their 
        duties and responsibilities effectively and efficiently;
            (4) that such project is conducted in coordination 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 operations will be 
        performed during the simulated emergency, which employees will 
        perform those operations, and how those operations are to be 
        performed;
            (6) that participation will be limited to those employees 
        who, irrespective of this Act, would otherwise have been 
        eligible to telework; and
            (7) that such project will 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 12 months after the date of the enactment of this 
Act, the Council and the Working Group shall submit to the Committee on 
Government Reform of the House of Representatives and the Committee on 
Homeland 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 Operations Working 
        Group'' or ``Working Group'' refers to the Interagency 
        Continuity of Operations Working Group, established by the 
        Federal Emergency Management Agency, Department of Homeland 
        Security, 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
            (4) the term ``Federal employee'' or ``employee'' means an 
        individual employed in or under an agency.
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