[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3210 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3210

To establish a Design Excellence Program at the Department of State, to 
 reestablish the Architectural Advisory Board, to assess the Standard 
            Embassy Design Program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 15, 2010

  Mr. Kerry (for himself and Mr. Dodd) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To establish a Design Excellence Program at the Department of State, to 
 reestablish the Architectural Advisory Board, to assess the Standard 
            Embassy Design Program, 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 ``Embassy Design and Security Act of 
2010''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Embassies--
                    (A) are an important reflection of American values, 
                openness, ingenuity, and innovation;
                    (B) should reflect the best of United States 
                design, architecture, sustainability, and technology; 
                and
                    (C) should maintain security as a top priority.
            (2) Since 2001, the Bureau of Overseas Buildings Operations 
        (referred to in this section as ``OBO'') has--
                    (A) completed 71 new diplomatic and consular 
                facilities; and
                    (B) moved more than 20,000 individuals into safer, 
                more secure and functional facilities.
            (3) OBO, which has 34 other building projects in design or 
        construction in 2010, has demonstrated its ability to construct 
        diplomatic and consular facilities in a timely and expeditious 
        manner.
            (4) Since the August 1998 embassy bombings in East Africa, 
        United States diplomatic and consular facilities have faced 
        increasing attacks.
            (5) OBO constructs safe and functional facilities for 
        American diplomats to allow them to advance foreign policy and 
        to strive to create better, safer, and more secure communities 
        for all citizens of the world.
            (6) In his seminal memo, entitled ``Guiding Principles for 
        Federal Architecture'', the Honorable Daniel Patrick Moynihan 
        laid out the following core principles:
                    (A) ``It should be our object to meet the test of 
                Pericles' evocation to the Athenians, which the 
                President commended to the Massachusetts legislature in 
                his address of January 9, 1961: `We do not imitate--for 
                we are a model to others.'''.
                    (B) ``The policy shall be to provide requisite and 
                adequate facilities in an architectural style and form 
                which is distinguished and which will reflect the 
                dignity, enterprise, vigor and stability of the 
                American National Government.''.
                    (C) ``The development of an official style must be 
                avoided. . . . The advice of distinguished architects, 
                as a rule, ought to be sought prior to the award of 
                important design contracts.''.
                    (D) ``The choice and development of the building 
                site should be considered the first step of the design 
                process.''.
            (7) The principles set forth in paragraph (2) provide the 
        foundation for the General Services Administration's Design 
        Excellence Program, which--
                    (A) establishes nationwide policies and procedures 
                for selecting distinguished architects and artists for 
                General Services Administration's commissions; and
                    (B) implements rigorous review processes to produce 
                facilities and civic artworks of outstanding quality 
                and value.
            (8) Section 401 of the Energy Independence and Security Act 
        of 2007 (Public Law 110-140) defines a high-performance 
        building as ``a building that integrates and optimizes on a 
        life cycle basis all major high performance attributes, 
        including energy conservation, environment, safety, security, 
        durability, accessibility, cost-benefit, productivity, 
        sustainability, functionality, and operational 
        considerations''.
            (9) The 2009 American Institute of Architects ``Design for 
        Diplomacy: New Embassies for the 21st Century'' reports 
        ``significant interest in developing an approach that would 
        enable architects and engineers to design embassies that 
        reflected the unique needs of a site at a foreign post''.
            (10) The Center for Strategic and International Studies 
        published a report in 2007, authored by the Embassy of the 
        Future Commission and entitled ``The Embassy of the Future'', 
        which makes the following statements:
                    (A) ``The new embassy facilities have in some 
                places created the perception among some of a fearful 
                United States, retreating behind high walls and 
                isolating itself from the people it is trying to 
                reach.''.
                    (B) ``The commission believes that it is important 
                to meet security needs in ways that reflect the new 
                diplomatic job.''.
                    (C) ``[S]etbacks, barriers, and other security 
                features can be designed in ways that integrate 
                security with the overall building design and 
                surroundings.''.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States to adopt design excellence as 
a mandate to advance a new generation of secure, high-performance, 
sustainable diplomatic and consular facilities in support of United 
States foreign policy.

SEC. 4. ESTABLISHMENT OF A DESIGN EXCELLENCE PROGRAM AT THE DEPARTMENT 
              OF STATE.

    The Secretary of State should--
            (1) develop and establish a design excellence program, 
        which shall be--
                    (A) modeled after the program used by the General 
                Services Administration; and
                    (B) tailored to the specific requirements of the 
                Bureau of Overseas Building Operations;
            (2) ensure that security remains a top priority for all 
        diplomatic and consular facilities;
            (3) integrate sustainability and sustainable design and 
        construction best practices for all facilities constructed 
        under the direction of the Bureau of Overseas Building 
        Operations;
            (4) encourage innovation in building design;
            (5) create a framework for testing new technologies as they 
        come on the market that can create potential value for new 
        facilities;
            (6) create a design excellence policies and procedures 
        manual, which shall--
                    (A) explain the mandate of the design excellence 
                program; and
                    (B) describe how the Department of State will 
                implement and operate the program;
            (7) establish a high-level board to track the progress of 
        the design excellence program, which--
                    (A) shall be composed of an equivalent number of--
                            (i) outside professionals who have specific 
                        architectural, design, and industry expertise; 
                        and
                            (ii) senior United States Government 
                        officials; and
                    (B) shall meet not less frequently than 
                semiannually--
                            (i) to review and analyze the progress and 
                        results of the program; and
                            (ii) to provide guidance to the Department 
                        of State on questions that may arise;
            (8) train staff to support design excellence through 
        education and training on program implementation to ensure 
        consistency and quality on all projects;
            (9) perform post-occupancy evaluations to identify the 
        problems and successes of each facility;
            (10) consider utilizing research studies from outside the 
        Department of State to bring new ideas and provide cost-
        effective solutions;
            (11) include fine arts advisors as part of the design 
        excellence program and peer review panels for all embassy 
        projects; and
            (12) undertake a concurrent review of the Standard Embassy 
        Design Program (referred to in this section as the ``SED 
        Program'') to determine--
                    (A) the best way to integrate the newly established 
                design excellence program with the SED Program; and
                    (B) modifications that need to be made to the SED 
                Program.

SEC. 5. ARCHITECTURAL ADVISORY BOARD.

    (a) In General.--The Secretary shall reestablish the Architectural 
Advisory Board (referred to in this section as the ``Board'') in order 
to--
            (1) advise the Department of State on design standards;
            (2) recommend the most appropriate style of architecture 
        for prospective projects;
            (3) review the quality and fitness of designs;
            (4) advise on an appropriate balance and integration 
        between security priorities and American values of openness and 
        design;
            (5) advise how the Department can construct new diplomatic 
        and consular facilities that are built to the most up-to-date 
        energy efficiency requirements, standards, checklists, or 
        rating systems, to the extent possible;
            (6) advise how the Department can place diplomatic and 
        consular facilities in urban and city center locations, to the 
        extent possible--
                    (A) to permit greater accessibility to national 
                government institutions; and
                    (B) to facilitate ease of access for local 
                residents; and
            (7) advise how the Department can construct new diplomatic 
        and consular facilities with future, projected growth needs in 
        mind, including growth needs for other Federal agencies.
    (b) Composition.--The Board shall be composed of 5 members 
appointed by the Secretary from outside the United States Government, 
who are noted for their knowledge of, and experience with, architecture 
and design.
    (c) Deadline for Appointments.--All members of the Board shall be 
appointed not later than 60 days after the date of the enactment of 
this Act.
    (d) Meetings.--The Board shall meet not less frequently than 
semiannually at the call of the Chairperson.
    (e) Compensation.--
            (1) In general.--Except as provided in paragraph (2), 
        members of the Board--
                    (A) shall be paid compensation out of funds made 
                available for the purposes of this title at the daily 
                equivalent of the highest rate payable under section 
                5332 of title 5, United States Code, for each day 
                (including travel time) during which the member is 
                engaged in the actual performance of duties as a member 
                of the Board; and
                    (B) while away from the member's home or regular 
                place of business on necessary travel in the actual 
                performance of duties as a member of the Board, shall 
                be paid per diem, travel, and transportation expenses 
                in the same manner as is provided under subchapter I of 
                chapter 57 of title 5, United States Code.
            (2) Limitation.--A member of the Board may not be paid 
        compensation under paragraph (1)(B) for more than 90 days in 
        any calendar year.
    (f) Exemption.--The Board shall be exempt from the Federal Advisory 
Committee Act (5 U.S.C. App.).

SEC. 6. REPORT TO REVIEW THE STANDARD EMBASSY DESIGN PROGRAM.

    Not later than 1 year after the date of the enactment of this Act, 
the Architectural Review Board established under section 5 shall submit 
to the appropriate congressional committees an assessment of the 
Standard Embassy Design Program, which shall include--
            (1) a comprehensive review of the Standard Embassy Design 
        template, including the utility of the template in overseas 
        contexts and general strengths, weaknesses, drawbacks, and 
        limitations to the template;
            (2) an analysis of the cost-effectiveness and overall 
        utility of incorporating 1 of 4 classes of Standard Embassy 
        Design (small, medium, large, and extra large);
            (3) an analysis of whether such approach unduly limits the 
        flexibility of design and responsiveness to local contexts and 
        priorities;
            (4) a consideration of alternative approaches to enable 
        architects and engineers--
                    (A) to design embassies that reflect the unique 
                needs of a site at a foreign post; and
                    (B) to incorporate appropriate standard design and 
                construction components common to the building type;
            (5) an examination of the effectiveness of the SED Program 
        in--
                    (A) integrating security concerns with design 
                considerations;
                    (B) ensuring an adequate growth footprint for 
                future embassy personnel increases;
                    (C) incorporating sustainable design and the most 
                up-to-date energy efficiency requirements, standards, 
                checklists, or rating systems for diplomatic and 
                consular facilities;
                    (D) allowing for open and public access; and
                    (E) ensuring overall design excellence; and
            (6) recommendations on--
                    (A) the best way to integrate the newly established 
                Embassy Design Excellence Program with the SED Program; 
                and
                    (B) the modifications to the SED Program that are 
                warranted.

SEC. 7. MODIFIED SECURITY REQUIREMENTS FOR UNITED STATES DIPLOMATIC AND 
              CONSULAR FACILITIES.

    (a) Sense of Congress on Co-Location and Security Requirements.--It 
is the sense of Congress that--
            (1) while assessing the necessity, security, and efficiency 
        of co-locating all United States Government personnel at a 
        single embassy site within a single foreign country, the 
        Secretary should consider placing United States Government 
        personnel at locations conducive to maximizing their use;
            (2) while cost efficiency and security considerations may 
        justify the consolidation of multiple Federal departments and 
        agencies at a single location, such a determination should not 
        be made without taking into account other crucial policy 
        considerations;
            (3) the Secretary should consider alternative location 
        arrangements that do not affect the strength and 
        appropriateness of security arrangements for United States 
        Government personnel;
            (4) it is crucial that security standards remain uniformly 
        high in all locations hosting United States Government 
        personnel;
            (5) the perimeter distance requirement under section 
        606(a)(3) of the Secure Embassy Construction and 
        Counterterrorism Act of 1999 (22 U.S.C. 4865(a)(3)) imposes a 
        uniform security standard for all diplomatic and consular 
        facilities regardless of country context or specific security 
        needs;
            (6) a more nuanced approach may tailor specific security 
        requirements, such as perimeter distance requirements, to 
        particular security considerations in a given country; and
            (7) while every country with diplomatic representation must 
        have a modern, secure, safe, and functional facility, it is 
        important to integrate security with the long-term impact on 
        the foreign policy objectives of the Department of State.
    (b) Diplomatic and Consular Facilities Task Force.--
            (1) In general.--The Secretary of State should establish 
        the Diplomatic and Consular Facilities Task Force (referred to 
        in this section as the ``Task Force'')--
                    (A) to review existing regulations, standards, and 
                procedures to implement paragraphs (2) and (3) of 
                section 606(a) of the Secure Embassy Construction and 
                Counterterrorism Act of 1999 (22 U.S.C. 4865(a)); and
                    (B) to make appropriate recommendations to modify 
                or revoke the regulations, standards, and procedures 
                under such Act.
            (2) Composition.--The Task Force shall be composed of 7 
        members, of whom--
                    (A) 4 shall be senior career professionals of the 
                Department of State with different personnel 
                backgrounds; and
                    (B) 3 shall be professionals outside the United 
                States Government who are noted for their knowledge and 
                experience in construction and security issues.
            (3) Deadline for appointments.--All members of the Task 
        Force shall be appointed not later than 60 days after the date 
        of the enactment of this Act.
            (4) Exemption.--The Task Force shall be exempt from the 
        Federal Advisory Committee Act (5 U.S.C. App.).
            (5) Termination.--The Task Force shall terminate on the 
        date on which the report is submitted to Congress under 
        subsection (c)(2).
    (c) Reports.--
            (1) Secretary of state.--Not later than 1 year after the 
        date of the enactment of this Act, the Secretary of State shall 
        submit a report to the Committee on Foreign Relations of the 
        Senate and the Committee on Foreign Affairs of the House of 
        Representatives that describes--
                    (A) the recommendations made by the Task Force 
                under subsection (b)(1)(B); and
                    (B) the impact of such recommendations on the 
                operations of, and security standards for, United 
                States diplomatic and consular facilities.
            (2) Comptroller general.--Not later than 120 days after the 
        submission of the report under paragraph (1), the Comptroller 
        General of the United States shall submit a report to the 
        appropriate congressional committees that contains--
                    (A) a review of, and comments on, the 
                recommendations made by the Task Force under subsection 
                (b)(1)(B); and
                    (B) the Comptroller General's recommendations for 
                improving the security standards at all United States 
                diplomatic and consular facilities.
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