[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4969 Engrossed Amendment Senate (EAS)]

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                  In the Senate of the United States,

                                                     December 22, 2018.
    Resolved, That the bill from the House of Representatives (H.R. 
4969) entitled ``An Act to improve the design and construction of 
diplomatic posts, and for other purposes.'', do pass with the following

                               AMENDMENT:

            Strike all after the enacting clause and insert the 
      following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving Embassy Design and 
Security Act of 2018''.

SEC. 2. STANDARDIZATION IN CAPITAL CONSTRUCTION.

    (a) Sense of Congress.--It is the sense of Congress that the 
Department of State's Bureau of Overseas Building Operations (OBO) or 
successor office should prioritize the standardization of embassy 
design and keep customization to a minimum.
    (b) Consultation.--The Secretary of State shall carry out any new 
embassy compound project or new consulate compound project that 
utilizes a non-standard design, including those projects that are in 
the design phase or pre-design phase as of the date of the enactment of 
this Act, only in consultation with the appropriate congressional 
committees. The Secretary shall provide such committees, for each such 
project, the following documentation:
            (1) A comparison of the estimated full lifecycle costs of 
        the project at issue to the estimated full lifecycle costs of 
        such project if such project were to use a standard design.
            (2) A comparison of the estimated completion date of such 
        project to the estimated completion date of such project if 
        such project were to use a standard design.
            (3) A comparison of the security of such completed project 
        to the security of such completed project if such completed 
        project were to use a standard design.
            (4) A justification for the Secretary's selection of a non-
        standard design over a standard design for such project.
            (5) A written explanation if any of the documentation 
        necessary to support the comparisons and justification, as the 
        case may be, described in paragraphs (1) through (4) cannot be 
        provided.
    (c) Sunset.--The consultation requirement under subsection (b) 
shall expire on September 30, 2022.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States that the Bureau of Overseas 
Building Operations of the Department of State or its successor office 
shall continue to balance functionality and security with accessibility 
as defined by guidelines established by the United States Access Board 
in constructing embassies and consulates and shall ensure compliance 
with the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) to 
the fullest extent possible.

SEC. 4. CAPITAL CONSTRUCTION TRANSPARENCY.

    (a) In General.--Section 118 of the Department of State Authorities 
Act, Fiscal Year 2017 (22 U.S.C. 304) is amended--
            (1) in the section heading, by striking ``annual report on 
        embassy construction costs'' and inserting ``quarterly report 
        on overseas capital construction projects''; and
            (2) by amending subsections (a) and (b) to read as follows:
    ``(a) In General.--Not later than 180 days after the date of the 
enactment of this subsection, and every 90 days thereafter until 
September 30, 2022, the Secretary shall submit to the appropriate 
congressional committees a comprehensive report regarding all ongoing 
overseas capital construction projects and major embassy security 
upgrade projects.
    ``(b) Contents.--Each report required under subsection (a) shall 
include the following with respect to each ongoing overseas capital 
construction project and major embassy security upgrade project:
            ``(1) The initial cost estimate as specified in the 
        proposed allocation of capital construction and maintenance 
        funds required by the Committees on Appropriations for Acts 
        making appropriations for the Department of State, foreign 
        operations, and related programs.
            ``(2) The current cost estimate.
            ``(3) The value of each request for equitable adjustment 
        received by the Department of State to date.
            ``(4) The value of each certified claim received by the 
        Department of State to date.
            ``(5) The value of any usage of the project's contingency 
        fund to date and the value of the remainder of the project's 
        contingency fund.
            ``(6) An enumerated list of each request for adjustment and 
        certified claim that remains outstanding or unresolved.
            ``(7) An enumerated list of each request for equitable 
        adjustment and certified claim that has been fully adjudicated 
        or that the Department has settled, and the final dollar amount 
        of each adjudication or settlement.
            ``(8) The date of estimated completion specified in the 
        proposed allocation of capital construction and maintenance 
        funds required by the Committees on Appropriations not later 
        than 45 days after the date of the enactment of an Act making 
        appropriations for the Department of State, foreign operations, 
        and related programs.
            ``(9) The current date of estimated completion.''.
    (b) Initial Report.--The first report required under subsection (a) 
of section 118 of the Department of State Authorities Act, Fiscal Year 
2017 (as amended by this section) shall include an annex regarding all 
overseas capital construction projects and major embassy security 
upgrade projects completed during the 10-year period ending on December 
31, 2018, including, for each such project, the elements specified in 
subsection (b) of such section 118 (as amended by this section).

SEC. 5. CONTRACTOR PERFORMANCE INFORMATION.

    (a) Deadline for Completion.--The Secretary of State shall complete 
by October 1, 2020, all contractor performance evaluations required by 
subpart 42.15 of the Federal Acquisition Regulation.
    (b) Prioritization System.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of State shall develop 
        a prioritization system for clearing the current backlog of 
        required evaluations referred to in subsection (a).
            (2) Elements.--The system required under paragraph (1) 
        should prioritize such evaluations as follows:
                    (A) Project completion evaluations should be 
                prioritized over annual evaluations.
                    (B) Evaluations for relatively large contracts 
                should have priority.
                    (C) Evaluations that would be particularly 
                informative for the awarding of government contracts 
                should have priority.
    (c) Briefing.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State shall brief the 
appropriate congressional committees on the Department of State's plan 
for completing all evaluations by October 1, 2020, and the 
prioritization system developed pursuant to this section.
    (d) Sense of Congress.--It is the sense of Congress that--
            (1) contractors deciding whether to bid on Department of 
        State contracts would benefit from greater understanding of the 
        Department as a client; and
            (2) the Department should develop a forum through which 
        contractors can rate the Department's project management 
        performance.

SEC. 6. GROWTH PROJECTIONS FOR NEW EMBASSIES AND CONSULATES.

    (a) In General.--For each new embassy compound project (NEC) and 
new consulate compound project (NCC) in or not yet in the design phase 
as of the date of the enactment of this Act, the Office of Management 
Policy, Rightsizing, and Innovation of the Department of State shall 
project growth over the estimated life of the facility at issue using 
all available and relevant data, including the following:
            (1) Relevant historical trends for Department personnel and 
        personnel from other agencies represented at the NEC or NCC 
        that is to be constructed.
            (2) An analysis of the tradeoffs between risk and the needs 
        of United States Government policy conducted as part of the 
        most recent Vital Presence Validation Process, if applicable.
            (3) Reasonable assumptions about the strategic importance 
        of the NEC or NCC, as the case may be, over the life of the 
        building at issue.
            (4) Any other data that would be helpful in projecting the 
        future growth of NEC or NCC.
    (b) Other Agencies.--Each Federal agency represented at an embassy 
or consulate shall provide to the Department of State, upon request, 
growth projections for the personnel of such agency over the estimated 
life of such embassy or consulate, as the case may be.
    (c) Basis for Estimates.--The Department of State shall base growth 
assumption for all NECs and NCCs on the estimates required under 
subsections (a) and (b).
    (d) Congressional Notification.--Any congressional notification of 
site selection for a NEC or NCC submitted after the date of the 
enactment of this Act shall include the growth assumption used pursuant 
to subsection (c).

SEC. 7. LONG-RANGE PLANNING PROCESS.

    (a) Plans Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act and annually thereafter for five 
        years, the Secretary of State shall develop--
                    (A) a comprehensive six-year Long-Range Overseas 
                Buildings Plan (LROBP) documenting the Department of 
                State's overseas building program for the replacement 
                of overseas diplomatic facilities taking into account 
                security factors under the Secure Embassy Construction 
                and Counterterrorism Act of 1999 (22 U.S.C. 4865 note) 
                and other relevant statutes and regulations, as well as 
                occupational safety and health factors pursuant to the 
                Occupational Safety and Health Act of 1970 (29 U.S.C. 
                651 et seq.) and other relevant statutes and 
                regulations, including environmental factors such as 
                indoor air quality that impact employee health and 
                safety; and
                    (B) a comprehensive six-year plan detailing the 
                Department's long-term planning for the maintenance and 
                sustainment of completed facilities, known as a Long-
                Range Overseas Maintenance Plan (LROMP), which takes 
                into account security factors under the Secure Embassy 
                Construction and Counterterrorism Act of 1999 and other 
                relevant statutes and regulations, as well as 
                occupational safety and health factors pursuant to the 
                Occupational Safety and Health Act of 1970 and other 
                relevant statutes and regulations, including 
                environmental factors such as indoor air quality that 
                impact employee health and safety.
            (2) Initial report.--The first plan developed pursuant to 
        paragraph (1)(A) shall also include a one-time status report on 
        existing small diplomatic posts and a strategy for establishing 
        a physical diplomatic presence in countries in which there is 
        no current physical diplomatic presence. The report, which may 
        include a classified annex, shall include the following:
                    (A) A description of the extent to which each small 
                diplomatic post furthers the national interest of the 
                United States.
                    (B) A description of how each small diplomatic post 
                provides American Citizen Services, including data on 
                specific services provided and the number of Americans 
                receiving services over the previous year.
                    (C) A description of whether each small diplomatic 
                post meets current security requirements.
                    (D) A description of the full financial cost of 
                maintaining each small diplomatic post.
                    (E) Input from the relevant chiefs of mission on 
                any unique operational or policy value the small 
                diplomatic post provides.
            (3) Updated information.--The annual updates of the plans 
        developed pursuant to paragraph (1) shall highlight any changes 
        from the previous year's plan to the ordering of construction 
        and maintenance projects.
    (b) Reporting Requirements.--
            (1) Submission of plans to congress.--Not later than 60 
        days after the completion of the LROBP and the LROMP, the 
        Secretary of State shall submit such plans to the appropriate 
        congressional committees.
            (2) Reference in budget justification materials.--In the 
        budget justification materials submitted to the appropriate 
        congressional committees in support of the Department of 
        State's budget for any fiscal year (as submitted with the 
        budget of the President under section 1105(a) of title 31, 
        United States Code), the plans specified in the LROBP and LROMP 
        shall be referenced to justify funding requested for building 
        and maintenance projects overseas.
            (3) Form of report.--The plans required to be submitted 
        under paragraph (1) shall be submitted in unclassified form but 
        may include classified annexes
    (c) Small Diplomatic Post Defined.--In this section, the term 
``small diplomatic post'' means any consulate that has employed five or 
fewer United States Government employees on average over the 36 months 
before the date of the enactment of this Act.

SEC. 8. VALUE ENGINEERING AND RISK ASSESSMENT.

    (a) Findings.--Congress makes the following findings:
            (1) Federal departments and agencies are required to use 
        value engineering (VE) as a management tool, where appropriate, 
        to reduce program and acquisition costs pursuant to OMB 
        Circular A-131, Value Engineering, dated December 31, 2013.
            (2) OBO has a Policy Directive and Standard Operation 
        Procedure, dated May 24, 2017, on conducting risk management 
        studies on all international construction projects.
    (b) Notification Requirements.--
            (1) Submission to authorizing committees.--The proposed 
        allocation of capital construction and maintenance funds that 
        is required by the Committees on Appropriations of the House of 
        Representatives and the Senate not later than 45 days after the 
        date of the enactment of an Act making appropriations for the 
        Department of State, foreign operations, and related programs 
        shall also be submitted to the appropriate congressional 
        committees.
            (2) Requirement to confirm completion of value engineering 
        and risk assessment studies.--The notifications required under 
        paragraph (1) shall include confirmation that the Department of 
        State has completed the requisite VE and risk management 
        studies described in subsection (a).
    (c) Reporting and Briefing Requirements.--The Secretary of State 
shall provide to the appropriate congressional committees upon 
request--
            (1) a description of each recommendation from each study 
        described in subsection (a) and a table detailing which 
        recommendations were accepted and which were rejected; and
            (2) a report or briefing detailing the rationale for not 
        implementing recommendations made by VE studies that may yield 
        significant cost savings to the Department of State, if 
        implemented.

SEC. 9. BUSINESS VOLUME.

    Subparagraph (E) of section 402(c)(2) of the Omnibus Diplomatic 
Security and Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)) is 
amended by striking ``in 3 years'' and inserting ``cumulatively over 3 
years''.

SEC. 10. EMBASSY SECURITY REQUESTS AND DEFICIENCIES.

    The Secretary of State shall provide to the appropriate 
congressional committees, upon request, information on security 
deficiencies at United States diplomatic posts, including--
            (1) requests made over the previous year by United States 
        diplomatic posts for security upgrades; and
            (2) significant security deficiencies at United States 
        diplomatic posts that are not operating out of a new embassy 
        compound or new consulate compound.

SEC. 11. OVERSEAS SECURITY BRIEFINGS.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of State shall revise the Foreign Affairs Manual to 
stipulate that information on the current threat environment shall be 
provided to all United States Government employees under Chief of 
Mission authority traveling to a foreign country on official business. 
To the extent practicable, such material shall be provided to employees 
prior to their arrival at a post or as soon as possible thereafter.

SEC. 12. CONTRACTING METHODS IN CAPITAL CONSTRUCTION.

    (a) Delivery.--Unless the Secretary of State notifies the 
appropriate congressional committees that the use of the design-build 
project delivery method would not be appropriate, the Secretary shall 
make use of such method at diplomatic posts that have not yet received 
design or capital construction contracts as of the date of the 
enactment of this Act.
    (b) Notification.--Before executing a contract for a delivery 
method other than design-build in accordance with subsection (a), the 
Secretary of State shall notify the appropriate congressional 
committees in writing of the decision, including the reasons therefor. 
The notification required by this subsection may be included in any 
other report regarding a new diplomatic facility that is required to be 
submitted to the appropriate congressional committees.
    (c) Performance Evaluation.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall report to the 
appropriate congressional committees regarding performance evaluation 
measures in line with GAO's ``Standards for Internal Control in the 
Federal Government'' that will be applicable to design and 
construction, lifecycle cost, and building maintenance programs of the 
Bureau of Overseas Building Operations of the Department of State.

SEC. 13. COMPETITION IN EMBASSY CONSTRUCTION.

    Not later than 45 days after the date of the enactment of this Act, 
the Secretary of State shall submit to the appropriate congressional 
committee a report detailing steps the Department of State is taking to 
expand the embassy construction contractor base in order to increase 
competition and maximize value.

SEC. 14. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (B) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate; and
                    (A) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives.
            (2) Design-build.--The term ``design-build'' means a method 
        of project delivery in which one entity works under a single 
        contract with the Department of State to provide design and 
        construction services.
            (3) Non-standard design.--The term ``non-standard design'' 
        means-- A design for a new embassy compound project or new 
        consulate compound project that does not utilize a standardized 
        design for the structural, spatial, or security requirements of 
        such embassy compound or consulate compound, as the case may 
        be.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                               H.R. 4969

_______________________________________________________________________

                               AMENDMENT