[Congressional Record Volume 164, Number 203 (Saturday, December 22, 2018)]
[Senate]
[Pages S8030-S8034]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4179. Mr. McCONNELL (for Mr. Toomey (for himself and Mr. Nelson)) 
proposed an amendment to the bill H.R. 4203, to amend title 18, United 
States Code, with regard to stalking; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Combat Online Predators 
     Act''.

     SEC. 2. ENHANCED PENALTY FOR STALKERS OF CHILDREN.

       (a) In General.--Chapter 110A of title 18, United States 
     Code, is amended by inserting after section 2261A the 
     following:

     ``Sec. 2261B. Enhanced penalty for stalkers of children

       ``(a) In General.--Except as provided in subsection (b), if 
     the victim of an offense under section 2261A is under the age 
     of 18 years, the maximum imprisonment for the offense is 5 
     years greater than the maximum term of imprisonment otherwise 
     provided for that offense in section 2261.
       ``(b) Limitation.--Subsection (a) shall not apply to a 
     person who violates section 2261A if--
       ``(1) the person is subject to a sentence under section 
     2261(b)(5); and
       ``(2)(A) the person is under the age of 18 at the time the 
     offense occurred; or
       ``(B) the victim of the offense is not less than 15 nor 
     more than 17 years of age and not more than 3 years younger 
     than the person who committed the offense at the time the 
     offense occurred.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 110A of title 18, United States Code, is 
     amended by inserting after the item relating to section 2261A 
     the following new item:

``2261B. Enhanced penalty for stalkers of children.''.

       (c) Conforming Amendment.--Section 2261A of title 18, 
     United States Code, is amended by striking ``section 2261(b) 
     of this title'' and inserting ``section 2261(b) or section 
     2262B, as the case may be''.

     SEC. 3. REPORT ON BEST PRACTICES REGARDING ENFORCEMENT OF 
                   ANTI-STALKING LAWS.

       Not later than 1 year after the date of the enactment of 
     this Act, the Attorney General shall submit a report to 
     Congress, which shall--
       (1) include an evaluation of Federal, tribal, State, and 
     local efforts to enforce laws relating to stalking; and
       (2) identify and describe those elements of such efforts 
     that constitute the best practices for the enforcement of 
     such laws.
                                 ______
                                 
  SA 4180. Mr. McCONNELL (for Mr. Peters) proposed an amendment to the 
bill S. 573, to establish the National Criminal Justice Commission; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Criminal Justice 
     Commission Act of 2018''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) it is in the interest of the Nation to establish a 
     commission to undertake a comprehensive review of the 
     criminal justice system;
       (2) there has not been a comprehensive study since the 
     President's Commission on Law Enforcement and Administration 
     of Justice was established in 1965;
       (3) that commission, in a span of 18 months, produced a 
     comprehensive report entitled ``The Challenge of Crime in a 
     Free Society,'' which contained 200 specific recommendations 
     on all aspects of the criminal justice system involving 
     Federal, State, Tribal, and local governments, civic 
     organizations, religious institutions, business groups, and 
     individual citizens; and
       (4) developments over the intervening 50 years require once 
     again that Federal, State, Tribal, and local governments, law 
     enforcement agencies, including rank and file officers, civil 
     rights organizations, community-based organization leaders, 
     civic organizations, religious institutions, business groups, 
     and individual citizens come together to review evidence and 
     consider how to improve the criminal justice system.

     SEC. 3. ESTABLISHMENT OF COMMISSION.

       There is established a commission to be known as the 
     ``National Criminal Justice Commission'' (referred to in this 
     Act as the ``Commission'').

     SEC. 4. PURPOSE OF THE COMMISSION.

       The Commission shall--
       (1) undertake a comprehensive review of the criminal 
     justice system;
       (2) make recommendations for Federal criminal justice 
     reform to the President and Congress; and
       (3) disseminate findings and supplemental guidance to the 
     Federal Government, as well as to State, local, and Tribal 
     governments.

     SEC. 5. REVIEW, RECOMMENDATIONS, AND REPORT.

       (a) General Review.--The Commission shall undertake a 
     comprehensive review of all areas of the criminal justice 
     system, including Federal, State, local, and Tribal 
     governments' criminal justice costs, practices, and policies.
       (b) Recommendations.--
       (1) In general.--Not later than 18 months after the first 
     meeting of the Commission, the Commission shall submit to the 
     President and Congress recommendations for changes in Federal 
     oversight, policies, practices, and laws designed to prevent, 
     deter, and reduce crime and violence, reduce recidivism, 
     improve cost-effectiveness, and ensure the interests of 
     justice at every step of the criminal justice system.
       (2) Unanimous consent required.--A recommendation of the 
     Commission may be adopted and submitted under paragraph (1) 
     if the recommendation is approved by a unanimous vote of the 
     Commissioners at a meeting where a quorum is present pursuant 
     to section 6(d).
       (3) Requirement.--The recommendations submitted under this 
     subsection shall be made available to the public.
       (c) Report.--
       (1) In general.--Not later than 18 months after the first 
     meeting of the Commission, the Commission shall also 
     disseminate to the Federal Government, as well as to State, 
     local, and Tribal governments, a report that details the 
     findings and supplemental guidance of the Commission 
     regarding the criminal justice system at all levels of 
     government.
       (2) Majority vote required.--Commission findings and 
     supplemental guidance may be adopted and included in the 
     report required under paragraph (1) if the findings or 
     guidance is approved by a majority vote of the Commissioners 
     at a meeting where a quorum is present pursuant to section 
     6(d), except that any Commissioners dissenting from 
     particular finding or supplemental guidance shall have the 
     right to state the reason for their dissent in writing and 
     such dissent shall be included in the report of the 
     Commission.
       (3) Requirement.--The report submitted under this 
     subsection shall be made available to the public.
       (d) Prior Commissions.--The Commission shall take into 
     consideration the work of prior relevant commissions in 
     conducting its review.
       (e) State and Local Government.--In issuing its 
     recommendations and report under this section, the Commission 
     shall not infringe on the legitimate rights of the States to 
     determine their own criminal laws or the enforcement of such 
     laws.
       (f) Public Hearings.--The Commission shall conduct public 
     hearings in various locations around the United States.
       (g) Consultation With Government and Nongovernment 
     Representatives.--
       (1) In general.--The Commission shall--
       (A) closely consult with Federal, State, local, and Tribal 
     government and nongovernmental leaders, including State, 
     local, and Tribal law enforcement officials, including rank 
     and file officers, legislators, public health officials, 
     judges, court administrators, prosecutors, defense counsel, 
     victims' rights organizations, probation and parole 
     officials, criminal justice planners, criminologists, civil 
     rights and liberties organizations, community-based 
     organization leaders, formerly incarcerated individuals, 
     professional organizations, and corrections officials; and
       (B) include in the final report required under subsection 
     (c) summaries of the input and recommendations of these 
     leaders.
       (2) United states sentencing commission.--To the extent the 
     review and recommendations required by this section relate to 
     sentencing policies and practices for

[[Page S8031]]

     the Federal criminal justice system, the Commission shall 
     conduct such review in consultation with the United States 
     Sentencing Commission.
       (h) Sense of Congress, Goal of Unanimity.--It is the sense 
     of the Congress that, given the national importance of the 
     matters before the Commission, the Commission should work 
     toward unanimously supported findings and supplemental 
     guidance, and that unanimously supported findings and 
     supplemental guidance should take precedence over those 
     findings and supplemental guidance that are not unanimously 
     supported.

     SEC. 6. MEMBERSHIP.

       (a) In General.--The Commission shall be composed of 14 
     members, as follows:
       (1) The President shall appoint the Attorney General to 
     serve as chairman and a member of the Commission.
       (2) Six members shall be appointed by the Attorney General 
     in consultation with--
       (A) the leadership of the Senate and House of 
     Representatives of the same political party as the President; 
     and
       (B) the leadership of the Committee on the Judiciary of the 
     House of Representatives and the Committee on the Judiciary 
     of the Senate of the same political party as the President.
       (3) Seven members shall be appointed by the senior members 
     of the leadership of the Senate and the House of 
     Representatives of the opposite party of the President in 
     consultation with the leadership of the Committee on the 
     Judiciary of the House of Representatives and the Committee 
     on the Judiciary of the Senate of the opposite political 
     party of the President.
       (b) Membership.--
       (1) In general.--Members will be selected based upon 
     knowledge or experience in such relevant areas as--
       (A) law enforcement;
       (B) criminal justice;
       (C) national security;
       (D) prison and jail administration;
       (E) prisoner reentry;
       (F) public health, including physical and sexual 
     victimization, drug addiction and mental health;
       (G) victims' rights;
       (H) civil rights;
       (I) civil liberties;
       (J) court administration;
       (K) social services; and
       (L) State, local, and Tribal government.
       (2) Law enforcement representation.--
       (A) Members appointed by attorney general.--Of the 6 
     members appointed by the Attorney General under subsection 
     (a)(2)--
       (i) not fewer than 2 shall be representatives from Federal, 
     State, or local law enforcement agencies; and
       (ii) not fewer than 1 shall be a representative from Tribal 
     law enforcement agencies.
       (B) Other members.--Of the 7 members appointed under 
     subsection (a)(3)--
       (i) not fewer than 2 shall be representatives of Federal, 
     State, or local law enforcement agencies; and
       (ii) not fewer than 1 shall be a representative from Tribal 
     law enforcement agencies.
       (3) Disqualification.--An individual shall not be appointed 
     as a member of the Commission if such individual possesses 
     any personal financial interest in the discharge of any of 
     the duties of the Commission.
       (4) Terms.--Members shall be appointed for the life of the 
     Commission.
       (c) Appointment; First Meeting.--
       (1) Appointment.--Members of the Commission shall be 
     appointed not later than 45 days after the date of the 
     enactment of this Act.
       (2) First meeting.--The Commission shall hold its first 
     meeting on the date that is 60 days after the date of 
     enactment of this Act, or not later than 30 days after the 
     date on which funds are made available for the Commission, 
     whichever is later.
       (3) Ethics.--At the first meeting of the Commission, the 
     Commission shall draft appropriate ethics guidelines for 
     commissioners and staff, including guidelines relating to 
     conflict of interest and financial disclosure. The Commission 
     shall consult with the Senate and House Committees on the 
     Judiciary as a part of drafting the guidelines and furnish 
     the Committees with a copy of the completed guidelines.
       (d) Meetings; Quorum; Vacancies.--
       (1) Meetings.--The Commission shall meet at the call of the 
     chairman or his or her designee.
       (2) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum for purposes of conducting 
     business, except that 2 members of the Commission shall 
     constitute a quorum for purposes of receiving testimony.
       (3) Vacancies.--Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made. If vacancies in the 
     Commission occur on any day after 45 days after the date of 
     the enactment of this Act, a quorum shall consist of a 
     majority of the members of the Commission as of such day, so 
     long as not less than 1 Commission member chosen by a member 
     of each party, Republican and Democratic, is present.
       (e) Actions of Commission.--
       (1) In general.--The Commission--
       (A) shall, subject to the requirements of section 5, act by 
     resolution agreed to by a majority of the members of the 
     Commission voting and present; and
       (B) may establish panels composed of less than the full 
     membership of the Commission for purposes of carrying out the 
     duties of the Commission under this title--
       (i) which shall be subject to the review and control of the 
     Commission; and
       (ii) any findings and determinations made by such a panel 
     shall not be considered the findings and determinations of 
     the Commission unless approved by the Commission.
       (2) Delegation.--Any member, agent, or staff of the 
     Commission may, if authorized by the chairman of the 
     Commission, take any action which the Commission is 
     authorized to take pursuant to this Act.

     SEC. 7. ADMINISTRATION.

       (a) Staff.--
       (1) Executive director.--The Commission shall have a staff 
     headed by an Executive Director. The Executive Director shall 
     be paid at a rate established for the Certified Plan pay 
     level for the Senior Executive Service under section 5382 of 
     title 5, United States Code.
       (2) Appointment and compensation.--The chairman of the 
     Commission shall designate and fix the compensation of the 
     Executive Director and, in accordance with rules agreed upon 
     by the Commission, may appoint and fix the compensation of 
     such other personnel as may be necessary to enable the 
     Commission to carry out its functions, without regard to the 
     provisions of title 5, United States Code, governing 
     appointments in the competitive service, and without regard 
     to the provisions of chapter 51 and subchapter III of chapter 
     53 of such title relating to classification and General 
     Schedule pay rates, except that no rate of pay fixed under 
     this subsection may exceed the equivalent of that payable for 
     a position at level V of the Executive Schedule under section 
     5316 of title 5, United States Code.
       (3) Personnel as federal employees.--
       (A) In general.--The executive director and any personnel 
     of the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (B) Members of commission.--Subparagraph (A) shall not be 
     construed to apply to members of the Commission.
       (4) The compensation of commissioners.--Each member of the 
     Commission may be compensated at not to exceed the daily 
     equivalent of the annual rate of basic pay in effect for a 
     position at level V of the Executive Schedule under section 
     5315 of title 5, United States Code, for each day during 
     which that member is engaged in the actual performance of the 
     duties of the Commission. All members of the Commission who 
     are officers or employees of the United States, State, or 
     local government shall serve without compensation in addition 
     to that received for their services as officers or employees.
       (5) Travel expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703(b) 
     of title 5, United States Code.
       (b) Experts and Consultants.--With the approval of the 
     Commission, the Executive Director may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code.
       (c) Detail of Government Employees.--Upon the request of 
     the Commission, the head of any Federal agency may detail, 
     without reimbursement, any of the personnel of such agency to 
     the Commission to assist in carrying out the duties of the 
     Commission. Any such detail shall not interrupt or otherwise 
     affect the civil service status or privileges of the Federal 
     employee.
       (d) Other Resources.--The Commission shall have reasonable 
     access to materials, resources, statistical data, and other 
     information such Commission determines to be necessary to 
     carry out its duties from the Library of Congress, the 
     Department of Justice, the Office of National Drug Control 
     Policy, the Department of State, and other agencies of the 
     executive and legislative branches of the Federal Government. 
     The chairman of the Commission shall make requests for such 
     access in writing when necessary.
       (e) Volunteer Services.--Notwithstanding the provisions of 
     section 1342 of title 31, United States Code, the Commission 
     is authorized to accept and utilize the services of 
     volunteers serving without compensation. The Commission may 
     reimburse such volunteers for local travel and office 
     supplies, and for other travel expenses, including per diem 
     in lieu of subsistence, as authorized by section 5703 of 
     title 5, United States Code. A person providing volunteer 
     services to the Commission shall be considered an employee of 
     the Federal Government in performance of those services for 
     the purposes of chapter 81 of title 5, United States Code, 
     relating to compensation for work-related injuries, chapter 
     171 of title 28, United States Code, relating to tort claims, 
     and chapter 11 of title 18, United States Code, relating to 
     conflicts of interest.
       (f) Obtaining Official Data.--The Commission may secure 
     directly from any agency of the United States information 
     necessary to enable it to carry out this Act. Upon the 
     request of the chairman of the Commission, the head of that 
     department or agency shall furnish that information to the 
     Commission. The Commission shall not have access to sensitive 
     information regarding ongoing investigations.

[[Page S8032]]

       (g) Mails.--The Commission may use the United States mails 
     in the same manner and under the same conditions as other 
     departments and agencies of the United States.
       (h) Administrative Reporting.--The Commission shall issue 
     biannual status reports to Congress regarding the use of 
     resources, salaries, and all expenditures of appropriated 
     funds.
       (i) Contracts.--The Commission is authorized to enter into 
     contracts with Federal and State agencies, private firms, 
     institutions, and individuals for the conduct of activities 
     necessary to the discharge of its duties and 
     responsibilities. A contract, lease or other legal agreement 
     entered into by the Commission may not extend beyond the date 
     of the termination of the Commission.
       (j) Gifts.--Subject to existing law, the Commission may 
     accept, use, and dispose of gifts or donations of services or 
     property.
       (k) Administrative Assistance.--The Administrator of 
     General Services shall provide to the Commission, on a 
     reimbursable basis, the administrative support services 
     necessary for the Commission to carry out its 
     responsibilities under this Act. These administrative 
     services may include human resource management, budget, 
     leasing, accounting, and payroll services.
       (l) Nonapplicability of Faca and Public Access to Meetings 
     and Minutes.--
       (1) In general.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the Commission.
       (2) Meetings and minutes.--
       (A) Meetings.--
       (i) Administration.--All meetings of the Commission shall 
     be open to the public, except that a meeting or any portion 
     of it may be closed to the public if it concerns matters or 
     information described in section 552b(c) of title 5, United 
     States Code. Interested persons shall be permitted to appear 
     at open meetings and present oral or written statements on 
     the subject matter of the meeting. The Commission may 
     administer oaths or affirmations to any person appearing 
     before it.
       (ii) Notice.--All open meetings of the Commission shall be 
     preceded by timely public notice in the Federal Register of 
     the time, place, and subject of the meeting.
       (B) Minutes and public availability.--Minutes of each open 
     meeting shall be kept and shall contain a record of the 
     people present, a description of the discussion that 
     occurred, and copies of all statements filed. The minutes and 
     records of all open meetings and other documents that were 
     made available to or prepared for the Commission shall be 
     available for public inspection and copying at a single 
     location in the offices of the Commission.
       (m) Archiving.--Not later than the date of termination of 
     the Commission, all records and papers of the Commission 
     shall be delivered to the Archivist of the United States for 
     deposit in the National Archives.

     SEC. 8. AUTHORIZATION FOR USE OF FUNDS.

       For each of fiscal years 2019 and 2020, the Attorney 
     General may use, from any unobligated balances made available 
     under the heading ``General Administration'' to the 
     Department of Justice in an appropriations Act, such amounts 
     as are necessary, not to exceed $7,000,000 per fiscal year 
     and not to exceed $14,000,000 total for both fiscal years, to 
     carry out this Act, except that none of the funds authorized 
     to be used to carry out this Act may be used for 
     international travel.

     SEC. 9. SUNSET.

       The Commission shall terminate 60 days after the Commission 
     submits the report required under section 5(c) to Congress.
                                 ______
                                 
  SA 4181. Mr. McCONNELL (for Mr. Corker) proposed an amendment to the 
bill H.R. 4969, to improve the design and construction of diplomatic 
posts, and for other purposes; as follows:

       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

[[Page S8033]]

       (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

[[Page S8034]]

     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.

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