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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9729 Introduced in House (IH)]

<DOC>

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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