[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9729 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9729
To require the Department of State to improve its emergency response
system and planning.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 20, 2024
Mr. Crow (for himself and Mr. Meeks) introduced the following bill;
which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To require the Department of State to improve its emergency response
system and planning.
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 ``Overseas Crisis Response
Implementation System and Immediate Strategy Act'' or ``Overseas CRISIS
Act''.
SEC. 2. CRISIS MANAGEMENT AND STRATEGY UNIT.
(a) Establishment.--There is established in the Department of State
a Crisis Management and Strategy Unit, within the Operations Center of
the Executive Secretariat of the Secretary of State. The Crisis
Management and Strategy Unit shall be led by a senior official with
significant experience in crisis management and response, who shall be
so designated by the Secretary.
(b) Duties.--The Crisis Management and Strategy Unit shall carry
out activities such as the following:
(1) Coordinate the Department's overall response to and
management of international crises.
(2) Serve as the focal point for the Secretary's
coordination with other United States Government agencies on
matters concerning the response to and management of
international crises, including non-combatant evacuation
operations.
(3) Coordinate with regional and other relevant bureaus
within the Department on such crises and other matters relevant
to crisis management and response.
(4) Undertake other duties, as determined by the Secretary,
relevant to crisis management and response.
(c) Foreign Affairs Manual.--Within 180 days of enactment of this
Act, the Department shall publish information regarding the structure
and duties of the Crisis Management and Strategy Unit in the Foreign
Affairs Manual and shall update this information as necessary.
SEC. 3. TABLETOP EXERCISES AND SIMULATIONS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, and not less frequently than annually
thereafter, the Secretary shall direct the relevant offices of the
Department to ensure a tabletop exercise or simulation on international
crises is conducted by the Department. The tabletop exercise or
simulation should be conducted in the Washington, DC, metropolitan
area.
(b) Matters To Be Included.--The Secretary shall ensure that such
exercises or simulations address the Department's crisis response and
evacuation requirements, and should include--
(1) the necessary and appropriate information to outline
the crisis management roles and responsibilities of the
Department's senior leadership;
(2) established Department crisis management structures for
international crises;
(3) required processes, personnel, and resources to conduct
Noncombatant Evacuation Operations and civilian-led
evacuations; and
(4) all procedures relevant to the identification of,
coordination with, and the provision of assistance to--
(A) private United States citizens;
(B) United States Government employees and their
dependents;
(C) United States allies and partners;
(D) local nationals who have assisted United States
Government efforts; and
(E) third-country nationals.
(c) Leadership; Participation.--The Secretary shall ensure that--
(1) the Department's Crisis Management and Strategy Unit
established by section 2(a), the Foreign Service Institute's
Leadership and Management School's Crisis Management Training
division, or other Department operating units, as determined to
be appropriate by the Secretary, lead such exercises or
simulations; and
(2) such exercises or simulations include the participation
of the Department's relevant senior leadership and staff,
including leadership and staff from regional and relevant
functional bureaus.
(d) Consultation.--Such exercises or simulations may be conducted
in consultation with--
(1) the Department of Defense;
(2) the Department of Homeland Security;
(3) the United States Agency for International Development;
and
(4) Other Federal agencies and State and local government
entities.
(e) Participation.--The Secretary may, as consistent with the
national security interests of the United States, invite to participate
in such exercises or simulations--
(1) foreign allies and partners; and
(2) civil society and nongovernmental organizations,
including those that have directly engaged in crisis response
efforts in the past.
(f) Briefing.--
(1) In general.--Except as provided in paragraph (3), not
later than 90 days after the completion of any tabletop
exercise or simulation required under subsection (a), the
Secretary shall brief the appropriate congressional committees
on the organization of the tabletop exercise or simulation. The
briefing, or particular elements therein, may be provided in a
classified format.
(2) Elements.--The briefing required under paragraph (1)
should--
(A) provide a description of the tabletop exercise
or simulation;
(B) identify, as appropriate, key participants in
the tabletop exercise or simulation;
(C) include any deficiencies identified in prior
tabletop exercise and plans to mitigate such
deficiencies;
(D) a summary of the supporting capabilities,
including infrastructure, prepositioned equipment and
supplies, personnel and other supporting logistics
capabilities, required to respond to the simulated
international crisis; and
(E) such other information as determined necessary
or appropriate by the Secretary.
(3) Notification in lieu of briefing.--Beginning on the
date that is 5 years after the date of the enactment of this
Act, the Secretary shall, not later than 90 days after the
completion of any tabletop exercise or simulation required
under subsection (a), submit to the appropriate congressional
committees a notice of such exercise or simulation which shall
be in lieu of a briefing reviewing the tabletop exercise or
simulation required under paragraph (1).
SEC. 4. DEPARTMENT OF STATE RESERVE CORPS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the nature of threats to national security and global
stability has evolved in recent decades, and in the 21st
century, the complexity of these threats requires a diplomatic
response that is quick, agile, and sustainable;
(2) decades of United States engagement and leadership on
the world stage built a workforce of expert national security
and foreign policy professionals; and
(3) to ensure the United States has the capacity to
quickly, agilely, and sustainably respond to future emergency
situations, it is important to leverage existing workforce
expertise and establish a corps of experts who can deploy on
short notice to posts experiencing crisis, including during
times of conflict.
(b) Authority.--The Secretary shall establish reserve corps, to be
known as ``Department of State Reserve Corps'', to assist the
Secretary, the Department, and the Foreign Service in the discharge of
their responsibilities and functions as authorized by law through the
maintenance of a reserve of trained personnel available for active
service when the Secretary, the Department, or the Service so require.
(c) Employees.--
(1) In general.--The head of the Department of State
Reserve Corps may appoint in the civil service, for a period up
to 2 years, persons to positions of employment with the Reserve
Corps in such numbers and with such skills as may from time to
time be required, without regard to the provisions of chapter
33 of title 5, United States Code (other than sections 3303 and
3328), governing appointments in the competitive service, and
may fix the basic compensation of such employees without regard
to chapter 51 and subchapter III of chapter 53 of such title.
(2) Compensation and reappointment.--Notwithstanding
section 5373 of title 5, United States Code, the Secretary may
fix the basic compensation of employees of the Department of
State Reserve Corps with experience equivalent to Senior
Executive Service, Senior Foreign Service, senior-level (SL)
and scientific or professional (ST) positions at a rate not to
exceed level II of the Executive Schedule. The head of the
Reserve Corps may reappoint such employees, for additional
periods of up to 2 years, with no limit on the number of
reappointments.
(3) Transportation expenses.--When called to active service
in the Department of State Reserve Corps, a member of the
Reserve Corps shall be entitled to the payment of
transportation expenses and per diem in accordance with the
Federal Travel Regulation and subchapter I of chapter 57 of
title 5, United States Code, for--
(A) travel performed from the residence of the
member at the time of activation to the place of duty;
and
(B) travel performed to the residence of the member
upon return to an inactive status.
(4) Application of other authority.--All selections for
positions of the Department of State Reserve Corps as described
in this subsection shall be made subject to the provisions of
chapter 23 of title 5, United States Code.
(d) Return Rights.--
(1) In general.--Any person whose absence from a position
of employment is necessitated by reason of service as an
activated member of the Department of State Reserve Corps shall
be entitled to the reemployment rights and benefits and other
employment benefits if--
(A) the person (or an appropriate officer of the
Reserve Corps in which such service is performed) has
given advance written or verbal notice of such service
to such person's employer;
(B) the cumulative length of the absence and of all
previous absences from a position of employment with
that employer by reason of service in the Reserve Corps
does not exceed five years; and
(C) the person reports to, or submits an
application for reemployment to, such employer.
(2) Reemployment.--A person who is entitled to re-
employment rights shall receive the same re-employment
protections as a military member receives under sections 4321
to 4327 of title 38, United States Code. The provisions of
paragraph (1) shall be interpreted consistent with the
provisions in sections 4311 to 4319 of title 38, United States
Code.
(3) Right of return.--An employee serving under a career or
career conditional appointment or the equivalent in an agency
who transfers to or converts to an appointment in the
Department of State Reserve Corps with the consent of the head
of that agency is entitled to be returned to the employee's
former position or a position of like seniority, status, and
pay without grade or pay retention in the agency if the
employee--
(A) is being separated from the Reserve Corps for
reasons other than misconduct, neglect of duty, or
malfeasance; and
(B) applies for return not later than 30 days
before the date of the termination of the employment in
the Reserve Corps.
SEC. 5. COORDINATOR FOR CRISIS COMMUNICATION.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall designate and maintain a
senior official of the Department to serve as the Department's
Coordinator for Crisis Communication (in this section referred to as
the ``Coordinator'') who--
(1) shall be located in the Department's Crisis Management
and Strategy Unit established by section 2(a); and
(2) shall report to the Department's senior official
leading crisis response efforts pursuant to section 6404(a)(2)
of the National Defense Authorization Act for Fiscal Year 2024
(Public Law 118-31; 137 stat. 997; 22 U.S.C. 4865 note).
(b) Duties.--The Coordinator, in cooperation with the relevant
bureau office or operating unit, shall oversee the efforts of the
Department relating to the following:
(1) Coordinating with the Bureau of Consular Affairs on
messaging to United States citizens abroad regarding safety.
(2) Communicating to civilians in impacted areas during
contingencies.
(3) Communicating to nongovernmental organizations in
impacted crisis zones on United States crisis response and
emergency planning, to include Noncombatant Evacuation
Operations.
(4) Holding regular background briefings for Congress and
other relevant audiences.
(5) Coordinating efforts with the Department spokesperson.
SEC. 6. FOREIGN SERVICE INSTITUTE TRAINING.
The Secretary shall direct the Foreign Service Institute (FSI) to
review existing curriculum and courses to determine if other crisis
management courses are required, such as a crisis management course for
information technology professionals. In addition, the FSI should
ensure that the ambassadorial seminar and Deputy Chief of Mission
course include curriculum on crisis management, including one or more
of the following:
(1) The use of regular internal town halls and targeted
messages from the Ambassador or Deputy Chief of Mission to
support mission objectives during crisis periods.
(2) Established best practices for internal communications
specific to high threat posts.
(3) Noncombatant Evacuation Operations and civilian-led
evacuations.
(4) Best practices for leading post efforts to communicate
with and assist United States citizens.
(5) How to conduct or participate in tabletop exercises and
simulations, including those authorized in section 3.
(6) Communicating with and assessing the needs of locally
employed staff during emergencies.
SEC. 7. ENHANCED AUTHORITIES TO PROTECT LOCALLY EMPLOYED STAFF DURING
EMERGENCIES.
(a) In General.--In emergency situations, in addition to other
authorities that may be available in emergencies or other exigent
circumstances, the Secretary is authorized to use funds made available
to the Department to support locally employed staff and their immediate
family members, if appropriate, for--
(1) providing transport or relocating locally employed
staff and their immediate family members to a safe and secure
environment;
(2) providing short-term housing or lodging for up to 6
months for locally employed staff and their immediate family
members; and
(3) procuring or providing other essential items and
services to support the safety and security of locally employed
staff and their immediate family members.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for 5 years,
the Secretary shall submit to the appropriate congressional
committees a report describing actions the Department has taken
with regard to locally employed staff and their immediate
family members following suspensions or closures of United
States diplomatic posts in the previous year.
(2) Elements.--The report required under paragraph (1)
shall--
(A) summarize Department efforts to relocate,
temporarily house, or otherwise provide support
authorized in this section to locally employed staff
and their immediate family members;
(B) identify any obstacles to providing support or
assistance to locally employed staff and their
immediate family members;
(C) examine lessons learned and propose
recommendations to better protect the safety and
security of locally employed staff and their family
members, including any additional authorities that may
be required; and
(D) provide an analysis of and offer
recommendations on any other steps that could improve
efforts to protect the safety and security of locally
employed staff and their immediate family members.
SEC. 8. RED TEAM CAPABILITY.
(a) In General.--The Secretary shall establish a Red Team
capability to inform the Department's crisis response and contingency
planning.
(b) Meetings.--The individuals involved in the Red Team capability
required by subsection (a) should be convened at the direction of--
(1) for general meetings, the Department's Policy Planning
Staff and the Department's Crisis Management and Strategy Unit;
and
(2) for specific reviews as needed, the Secretary or other
Department principals.
(c) Reporting.--Not later than 21 days after the individuals
involved in the Red Team capability are convened in accordance with
subsection (b), such individuals shall submit to the Department's
Policy Planning Staff a report that contains the findings relating to
the exercise of such Red Team capability.
SEC. 9. DEPARTMENT OF STATE EMERGENCY RESPONSE LESSONS LEARNED
CLEARINGHOUSE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish and maintain a
clearinghouse of lessons learned and after-action reports relating to
evacuation of United States Government employees and their eligible
family members or evacuation of private United States citizens or
third-country nationals, to be known as the ``Department of State
Emergency Response Lessons Learned Clearinghouse'' (in this section
referred to as the ``Clearinghouse'').
(b) Repository.--The Clearinghouse should be designed to provide--
(1) a central electronic repository of lessons learned and
after-action reports to be made accessible to Department
personnel to be used to improve crisis response and contingency
planning;
(2) a collection of resources for Foreign Service Institute
officials to inform and develop new curriculum to be responsive
to developments in United States crisis response and
contingency planning, including for the ambassadorial seminar
and Deputy Chief of Mission course as provided in section 5;
and
(3) publicly available documents and information, as
appropriate, for civil society, nongovernmental organizations,
academic institutions, and other stakeholders to assist with
the Department's development of best practices.
SEC. 10. HIGH-THREAT POSTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the global diplomatic presence of the United States
includes several hundred diplomatic and consular posts,
including embassies, consulates, and missions;
(2) the United States maintains diplomatic and consular
posts in potentially volatile areas, including those designated
``high risk, high threat'' due to security concerns;
(3) a sufficient United States diplomatic presence in high-
risk areas is critical to the Department's efforts to prevent
and address crises abroad and to ensure United States national
security;
(4) the Department should make every effort to safely
maintain a physical presence in high-risk areas; and
(5) drawdowns of personnel at United States diplomatic
missions in posts experiencing conflict or emergency conditions
should be done in a manner that maintains the Department's
commitment to national security and foreign policy and supports
Department personnel.
(b) Plan To Assess Diplomatic Missions Experiencing or Vulnerable
to Conflict or Emergency Conditions.--
(1) In general.--The Secretary should develop as necessary
a Department-wide plan for assessing staffing resources needed
at diplomatic missions in posts experiencing conflict or
emergency conditions.
(2) Matters to be included.--The plan required by this
subsection should include the following:
(A) An assessment of functions, if any, that can be
offshored, as consistent with the subsection (a).
(B) Options to extend 1-year tours with virtual
assignments.
(C) An assessment of the benefits and risks of
potential offshoring, including when it affects--
(i) diplomatic engagement and the
advancement of United States national security
and foreign policy interests;
(ii) productivity from regular turnover at
posts; and
(iii) longer-term planning.
(c) Staffing Review.--The Secretary should--
(1) require each Chief of Mission serving in high-threat
posts to review, not less than once annually, every staff
element under Chief of Mission authority, including staff from
other departments or agencies of the United States, and
recommend approval or disapproval of each staff element in
accordance with section 409(a) of the Department of State and
Related Agency Appropriations Act, 2005 (22 U.S.C. 3927a(a));
and
(2) implement a process that includes an evaluation and
assessment of which functions could be offshored, consistent
with subsection (a), and sets appropriate staffing levels in
accordance with section 103(c)(2) of the Omnibus Diplomatic
Security and Antiterrorism Act of 1986 (22 U.S.C. 4802(c)(2)).
SEC. 11. ADDITIONAL REPORTS TO CONGRESS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report outlining and describing the
Department of State's international crisis response efforts, such as
the following:
(1) Efforts to ensure adherence to the delineation of
responsibilities belonging to the Secretary, Chiefs of
Missions, and Principal Officers.
(2) Process and procedures for quickly appointing a
principal-level crisis leader to oversee policy and operations
efforts.
(3) Process and procedures for standing up crisis
management and response task forces, and the specific bureaus
and offices to be included in the response.
(4) Identification of clear mission objectives and guidance
for crisis management and response.
(5) Process and procedures for assigning or delegating
responsibilities to task force and crisis responders.
(6) Coordination with relevant partners at the Department
of Defense to identify dedicated points of contact at the
Department of State related to the carrying out of such
responsibilities.
(7) Coordination with civil society and nongovernmental
organizations, including those that have directly engaged in
crisis response efforts in the past.
(8) Identification of the technology, equipment, surge
capacity, and space necessary to effectively implement crisis
management and response task forces.
(9) Efforts to ensure sufficient staff resources are
available to support crisis management task forces for the
duration of an international crisis and the Department's
response, to include matters such as the following:
(A) Barriers to building and maintaining the
capability to identify those with requisite training
and skills to serve on task forces and potential
solutions to address those barriers.
(B) Incentives available to encourage existing
Department bureaus to second relevant staff needed to
support crisis management task forces for extended
periods of time, and any additional authorities needed
to enable the Executive Secretariat to hire or second
qualified individuals to a task force for extended
periods of time.
(C) Barriers to establishing a Temporary Duty
crisis coordination capability to support personnel
during a crisis response, including--
(i) bureaucratic hurdles;
(ii) inconsistent policy and resource
application;
(iii) lack of funding; or
(iv) access to necessary technology or
information technology equipment.
(b) Plan for Crisis Management Software.--Not later than 180 days
after the date of the enactment of this Act, the Secretary should
develop an acquisition plan for enterprise crisis management software
by the Department, to include an outline of the expected applications
of such software for ongoing crisis management activities and developed
or existing courses at FSI.
(c) Responsiveness to Public Inquiries.--Not later than 180 days
after the date of the enactment of this Act, the Secretary shall brief
the appropriate congressional committees on opportunities to improve
responsiveness to public inquiries in crisis environments, on matters
such as the following:
(1) The establishment of a virtual contact center or soft
phone solution.
(2) Contract opportunities to assist with initial data
entry and response on cases of United States citizens.
(3) Contract opportunities to respond to public inquiries
unrelated to specific cases of United States citizens or
individual case management.
(4) Department support for mobile-friendly communication
platforms, including non-enterprise applications such as
WhatsApp and Signal.
SEC. 12. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) Department.--The term ``Department'' means the
Department of State.
(3) Emergency situation.--The term ``emergency situation''
means a situation in which the lives of United States
Government employees, private United States citizens, or third
country nationals are endangered by armed conflict, civil
unrest, or natural disaster, particularly when and if a United
States diplomatic or consular post must suspend operations.
(4) Noncombatant evacuation operations.--The term
``Noncombatant Evacuation Operations'' means the evacuation of
civilian noncombatants and nonessential military personnel from
danger in an overseas country to a designated safe haven.
(5) Red team capability.--The term ``Red Team capability''
means a group of individuals authorized and organized to
roleplay a fictional crisis scenario to identify and exploit
weaknesses in the Department's contingency planning or crisis
response.
(6) Secretary.--The term ``Secretary'' means the Secretary
of State.
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