[Congressional Record Volume 164, Number 203 (Saturday, December 22, 2018)]
[Senate]
[Pages S8039-S8041]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          EMBASSY SECURITY AUTHORIZATION ACT, FISCAL YEAR 2019

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
Committee on Foreign Relations be discharged from further consideration 
of H.R. 4969 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (H.R. 4969) to improve the design and construction 
     of diplomatic posts, and for other purposes.

  There being no objection, the committee was discharged, and the 
Senate proceeded to consider the bill.
  Mr. McCONNELL. I ask unanimous consent that the Corker substitute 
amendment be agreed to; that the bill, as amended, be considered read a 
third time and passed; and that the motion to reconsider be considered 
made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4181) in the nature of a substitute was agreed to, 
as follows:

                (Purpose: In the nature of a substitute)

       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

[[Page S8040]]

     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.

[[Page S8041]]

       (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.

  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill was read the third time.
  The bill (H.R. 4969), as amended, was passed.

                          ____________________