Overseas CRISIS Act

Bill: 118-hr-9729
Sponsor: full_name: Rep. Crow, Jason [D-CO-6]
Introduced: 2024-09-20
Policy area: International Affairs
Latest action: action_date: 2024-09-20
text: Referred to the House Committee on Foreign Affairs.

Summaries:

tv_txt: I 118th CONGRESS 2d Session H. R. 9729 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.

1. Short title This Act may be cited as the Overseas Crisis Response Implementation System and Immediate Strategy Act or Overseas CRISIS Act . 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. 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). 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. 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. 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. 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. 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. 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. 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) ). 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. 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.