Short title

This Act may be cited as the

Continuity of Operations Demonstration Project Act

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.

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.

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.

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.