II 111th CONGRESS 2d Session S. 3210 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.

1.

Short title

This Act may be cited as the Embassy Design and Security Act of 2010.

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..

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.

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.

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.).

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.

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.