[Congressional Record Volume 164, Number 147 (Wednesday, September 5, 2018)]
[House]
[Pages H7840-H7843]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EMBASSY SECURITY AUTHORIZATION ACT, FISCAL YEAR 2019
Mr. ROYCE of California. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 4969) to improve the design and construction of
diplomatic posts, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4969
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 Security
Authorization Act, Fiscal Year 2019''.
SEC. 2. STANDARD DESIGN 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 give appropriate
consideration to standard embassy design, in which each new
embassy and new consulate starts with a standard design and
keeps customization to a minimum.
(b) Consultation.--The Secretary of State shall, in
consultation with the appropriate congressional committees,
carry out any new embassy compound project or new consulate
compound project that is in the design phase or pre-design
phase as of the date of the enactment of this Act and that
utilizes a non-standard design. 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 embassy
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 embassy 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 embassy design.
(4) A justification for the Secretary's selection of a non-
standard design over a standard embassy 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.
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 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, 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
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; and
(B) a comprehensive six-year plan detailing the
Department's long-term planning for the
[[Page H7841]]
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. Such
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 90 days after the date of the enactment of
this Act, the Secretary of State shall revise the Foreign
Affairs Manual to stipulate that the Bureau of Diplomatic
Security of the Department of State shall provide a security
briefing or written materials with up-to-date information on
the current threat environment in writing or orally to all
United States Government employees traveling to a foreign
country on official business. To the extent practicable, such
briefing or written materials shall be provided to traveling
Department employees via teleconference prior to their
arrival at a post.
SEC. 12. CONTRACTING METHODS IN CAPITAL CONSTRUCTION.
(a) Delivery.--Except in cases in which the Secretary of
State determines that such would not be appropriate, the
Secretary shall make use of the design-build project delivery
system 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.--Not later than 15 days after any
determination to make use of a delivery system other than
design-build in accordance with subsection (a), the Secretary
of State shall notify the appropriate congressional
committees in writing of such determination, including the
reasons therefor.
(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. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $2,314,474,000 for
fiscal year 2019 for the purposes of the ``Embassy Security,
Construction, and Maintenance'' account of the Department of
State, of which $1,549,015,000 is authorized to be
appropriated for the costs of worldwide security upgrades.
SEC. 14. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) in the House of Representatives--
(i) the Committee on Foreign Affairs; and
(ii) the Committee on Appropriations; and
(B) in the Senate--
(i) the Committee on Foreign Relations; and
(ii) the Committee on Appropriations.
(1) 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.
(2) Non-standard design.--The term ``non-standard design''
means--
(A) a design for a new embassy compound project or new
consulate compound project that does not utilize a
standardized embassy design for the structural, spatial, or
security requirements of such embassy compound or consulate
compound, as the case may be; or
(B) a new embassy compound project; or new consulate
compound project that does not utilize a design-build
delivery method.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Royce) and the gentleman from California (Mr. Bera)
each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Royce).
General Leave
Mr. ROYCE of California. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days to revise and extend their
remarks and to include extraneous materials in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. ROYCE of California. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, let me make this observation for my colleagues. The U.S.
Department of State operates more than 270 diplomatic posts around the
world, often in difficult and sometimes very, very hostile
environments. These embassies and consulates project American power and
reflect our values. They protect the lives of the Americans who work in
and visit those embassies every day. We owe it to the American people
and those who serve us overseas to build the most secure, effective,
and efficient embassies and consulates that we possibly can.
That is why I want to thank Chairman Mike McCaul, the author of this
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bill, who is with us. Each day, there are thousands of brave Americans
who serve our country at our embassies and consulates overseas. These
facilities are our outposts for democracy. While our diplomats serve
overseas, it is our job to ensure that they have the resources and
support they need. This bill will do just that, by authorizing critical
resources for embassy security, construction, and maintenance;
enhancing worldwide security protection; and lastly, improving
oversight of embassy design and construction of these consulates and
embassies.
The threats facing our embassies and diplomats overseas are real. We
need to respond. The reported sonic attacks against our diplomats
serving in Havana--and Canadian diplomats serving there, too, as you
will recall--serve as a stark reminder of the real and complex security
challenges they face on a daily basis. Yet, the last time Congress
authorized resources for enhanced embassy security was immediately
after al-Qaida bombed the U.S. Embassies in Nairobi, Kenya, and Dar es
Salaam, Tanzania. Over 220 people were killed and 4,000 others were
injured in these attacks.
On August 7, we solemnly recognized the 20th anniversary of those
cowardly attacks. Thus, we must strengthen our resolve to do everything
within our power to prevent another Nairobi or Dar es Salaam attack by
constructing the safest, most secure, and most appropriate diplomatic
posts around the world. That starts with this bill, which, if enacted,
will be the first embassy security authorization in 15 years.
Since the East African Embassy bombings, the State Department has
used several different approaches to design and construct new posts
quickly and efficiently. This is no small task, but what has become
clear is that effective congressional oversight of these projects is
essential to ensuring their success.
That is why this bill promotes efficient contracting methods, ensures
the facilities meet security and safety standards, and engages with the
State Department in an effective, long-range planning process for the
new projects.
Mr. Speaker, I urge my colleagues to support H.R. 4969, which will
improve the security, effectiveness, and efficiency of our embassies
and consulates.
Mr. Speaker, I reserve the balance of my time.
{time} 1345
Mr. BERA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of this measure, and let me thank Mr.
McCaul and Ms. Kelly, both members of the Foreign Affairs Committee,
for authoring this important legislation and Chairman Royce for
bringing it to the floor.
One of the most important things that we deal with on our committee
is protecting the lives of the brave American citizens working at our
embassies and consulates abroad. This legislation will help us improve
the way we provide embassy security.
This bill would also authorize the embassy security, construction,
and maintenance account for the next year at $2.3 billion, the same
level appropriated for the account this year.
Now, what has me concerned is the Trump administration has asked
Congress to slash embassy security by $700 million. That just isn't
right.
Mr. Speaker, the clearest indication of an administration's
priorities is its annual budget. Frankly, it is astounding to me that
the Trump administration has proposed such massive cuts to embassy
security funding for 2 years in a row.
On the campaign trail, President Trump spent a lot of time blaming
Secretary Clinton for the tragic attacks on our consulate in Benghazi.
He did so with little regard for the facts. Secretary Pompeo, as a
Member of this body, especially during the time of the absurd Benghazi
Select Committee, expressed a great deal of outrage over the handling
of diplomatic security. Now they have tried to cut funding for embassy
security at every opportunity.
My message for them is simple: There is no cost too high to protect
the lives of our diplomats and their families. I wish the President and
the Secretary understood that.
Fortunately, Congress has the last word on these issues. We have come
together in a bipartisan way for the past 2 years and rejected
President Trump's draconian cuts to embassy security funding. This bill
represents another rejection of the Trump administration's dangerous
proposal.
Additionally, I would like to highlight two provisions in the bill.
The first requires that all U.S. Government employees traveling abroad
on official business receive a written or oral security briefing from
the State Department on potential threats. This is a commonsense
measure, and it is, honestly, bizarre that it isn't already required.
Second, I also want to thank Mr. McCaul and Ms. Kelly for including
language that requires the State Department to provide our committee
with a strategy for establishing a physical diplomatic presence in
countries in which we currently have no physical diplomatic presence.
Lastly, I strongly support a universal approach to U.S.
representation abroad, and I continue to be disappointed that we have
no embassies in several countries in the Eastern Caribbean where
Venezuela, Cuba, and others are present and active. Being absent
significantly weakens U.S. leadership in the Caribbean and elsewhere
around the globe.
Finally, let me say, while I am pleased that we are advancing this
legislation, I am disappointed that it is moving as a standalone bill
and not as it was originally intended, as the title of our committee's
State Department authorization bill. Given the chairman's hard work on
the State Department authorization bill, I am sure that the gentleman
shares my concern. I hope that we can breathe new life into the
legislative effort by the end of this Congress.
Mr. Speaker, I reserve the balance of my time.
Mr. ROYCE of California. Mr. Speaker, let me thank the gentleman for
mentioning the State Department authorization. We are still working on
that measure. We hope to move that.
In the interim, though, the ability to move on the floor now with the
embassy security measure is important.
Mr. Speaker, I yield 4 minutes to the gentleman from Texas (Mr.
McCaul), the chairman of the Committee on Homeland Security, of course,
a senior member of the Committee on Foreign Affairs, and he is the
author of this bill.
Mr. McCAUL. Mr. Speaker, I rise in strong support of my bill, the
Embassy Security Authorization Act.
Embassies are really the physical representation of the United States
abroad. An American Embassy is the means in which the United States
conducts its foreign policy and advances our interests around the
world. Therefore, protecting our embassies and diplomats should be our
number one priority. That is why my bill authorizes over $2.3 billion
for embassy security.
If enacted into law, this would be the first embassy security
authorization in 15 years. Furthermore, my bill makes critical reforms
in how we build future embassies and think about our security.
In 1998, we had to reassess our embassy security when terrorists, at
the direction of Osama bin Laden, bombed U.S. embassies in Kenya and
Tanzania, killing over 220 people and injuring 4,000 more. In
retrospect, these attacks foreshadowed bin Laden's intentions to attack
America. At the time, it forced us to reassess how we go about building
our embassies and consulates.
A year later, Congress adopted a standard embassy design for our
missions abroad. This design improved security, expedited construction,
and saved money. However, recently, we have deviated from the standard
embassy design in favor of projects prioritizing aesthetics.
Our embassies constantly face threats from hostile actors, even in
friendly and allied countries. Our embassies are extensions of the
homeland, and we must treat them as such. To that end, my bill would
require the State Department to provide Congress with justification
should an embassy or consulate project not use a standard design.
While I appreciate the goal of displaying American might through a
striking embassy design, we must prevent a repeat of Kenya and
Tanzania. My bill, with the $2.3 billion authorization and standard
design reforms, is a good step forward towards achieving that balance.
[[Page H7843]]
Mr. Speaker, I want to again thank Ms. Kelly for her leadership on
this issue, as well as Chairman Royce and Ranking Member Engel for
their work on this important piece of legislation.
I encourage my colleagues to support this bill.
Mr. BERA. Mr. Speaker, I yield myself the balance of my time.
I will close by again thanking Chairman Royce for bringing this
legislation to the floor.
We have no greater duty on our committee than to protect Americans
serving abroad. I am very pleased that we are making several essential
fixes in our approach to embassy security in this legislation and
authorizing the embassy security, construction, and maintenance at a
robust level.
We live in a dangerous time, and the Trump administration's budget
would put our diplomats at even greater risk than what they have
already faced on a daily basis, so I am glad that the House is stepping
in to do what is needed.
Finally, let me say again, while I am pleased this bill is moving
forward, I don't believe the window has closed on getting a
comprehensive State Department authorization bill to the President's
desk, and I continue to stand ready to work with the chairman to do
just that.
Mr. Speaker, I support the chairman's motion; I urge all Members to
do the same.
Mr. Speaker, I yield back the balance of my time.
Mr. ROYCE of California. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, America's embassies obviously are forward operating
bases for our democracy, for our system. The brave men and women who
serve at those posts represent our country on a daily basis and
represent them often in a difficult and increasingly dangerous
environment.
As we have tragically seen before, diplomatic posts overseas are
often the first and easiest targets our enemies choose to attack.
Importantly, this legislation will improve the security, the
functionality, and the efficiency of our embassies and our consulates
through enhanced oversight and better management of the construction of
new diplomatic facilities.
So, again, I want to thank Chairman Mike McCaul of Texas, and I want
to thank Representative Robin Kelly, as well as Ranking Member Engel
and the many members of the committee from both sides of the aisle who
have worked extensively on this important piece of legislation.
Our embassies project American power. They do reflect our values. We
owe it to our diplomats and the American people to build the best
embassies possible.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Royce) that the House suspend the rules
and pass the bill, H.R. 4969, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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