[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1252 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1252
To provide for certain construction-related authorities of the
Department of State, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 23, 2021
Mr. McCaul introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for certain construction-related authorities of the
Department of State, and for other purposes.
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 ``Improving Embassy Design and
Security Act''.
SEC. 2. STANDARD DESIGN IN CAPITAL CONSTRUCTION.
(a) Sense of Congress.--It is the sense of Congress that the
Department's Bureau of Overseas Building Operations (OBO) or successor
office should give appropriate consideration to standardization in
construction, in which each new United States embassy and consulate
starts with a standard design and keeps customization to a minimum.
(b) Consultation.--The Secretary of State shall carry out any new
United States embassy compound or new consulate compound project that
utilizes a non-standard design, including those projects that are in
the design 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 the appropriate congressional
committees, for each such project, the following documentation:
(1) A comparison of the estimated full lifecycle costs of
the project to the estimated full lifecycle costs of such
project if it 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 it
were to use a standard design.
(3) A comparison of the security of the completed project
to the security of such completed project if it 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 the date that is 4 years after the date of the
enactment of this Act.
SEC. 3. CAPITAL CONSTRUCTION TRANSPARENCY.
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 ``biannual report on
overseas capital construction projects''; and
(2) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) In General.--Not later than 180 days after the date of the
enactment of this subsection and every 180 days thereafter until the
date that is four years after such date of enactment, the Secretary of
State 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 to date.
``(4) The value of each certified claim received by the
Department 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.''.
SEC. 4. CONTRACTOR PERFORMANCE INFORMATION.
(a) Deadline for Completion.--The Secretary of State shall complete
all contractor performance evaluations outstanding as of the date of
the enactment of this Act required by subpart 42.15 of the Federal
Acquisition Regulation for those contractors engaged in construction of
new embassy or new consulate compounds by April 1, 2022.
(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 the 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's plan for
completing all evaluations by October 1, 2021, in accordance with
subsection (a) and the prioritization system developed pursuant to
subsection (b).
(d) Sense of Congress.--It is the sense of Congress that--
(1) contractors deciding whether to bid on Department
contracts would benefit from greater understanding of the
Department as a client; and
(2) the Department should develop a forum where contractors
can comment on the Department's project management performance.
SEC. 5. GROWTH PROJECTIONS FOR NEW EMBASSIES AND CONSULATES.
(a) In General.--For each new United States embassy compound (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 Department of
State shall project growth over the estimated life of the facility
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 Federal Agencies.--The head of each Federal agency
represented at a United States embassy or consulate shall provide to
the Secretary, upon request, growth projections for the personnel of
each such agency over the estimated life of each embassy or consulate,
as the case may be.
(c) Basis for Estimates.--The Department of State shall base its
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. 6. 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 the next
five years as the Secretary of State considers appropriate, the
Secretary shall develop--
(A) a comprehensive 6-year plan documenting the
Department's overseas building program for the
replacement of overseas diplomatic posts 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 6-year plan detailing the
Department's long-term planning for the maintenance and
sustainment of completed diplomatic posts, 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 and with which the
United States maintains diplomatic relations. 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.
(F) A recommendation of whether any small
diplomatic posts should be closed.
(3) Updated information.--The annual updates of each 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 each plan required under
subsection (a), the Secretary of State shall submit the 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 required under subsection (a)
shall be referenced to justify funding requested for building
and maintenance projects overseas.
(3) Form of report.--Each report required under paragraph
(1) shall be submitted in unclassified form but may include a
classified annex.
(c) Small Diplomatic Post Defined.--In this section, the term
``small diplomatic post'' means any United States embassy or consulate
that has employed five or fewer United States Government employees or
contractors on average over the 36 months prior to the date of the
enactment of this Act.
SEC. 7. 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.--Any operating
plan that includes the allocation of capital construction and
maintenance funds shall be submitted to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Requirement to confirm completion of value engineering
and risk assessment studies.--The notifications required under
paragraph (1) shall include confirmation that the Department
has completed the requisite VE and risk management process
described in subsection (a), or applicable successor process.
(c) Reporting and Briefing Requirements.--The Secretary of State
shall provide to the appropriate congressional committees upon
request--
(1) a description of each risk management study referred to
in subsection (a)(2) and a table detailing which
recommendations related to each such study were accepted and
which were rejected; and
(2) a report or briefing detailing the rationale for not
implementing any such recommendations that may otherwise yield
significant cost savings to the Department if implemented.
SEC. 8. BUSINESS VOLUME.
Section 402(c)(2)(E) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(E)) is amended by
striking ``in 3 years'' and inserting ``cumulatively over 3 years''.
SEC. 9. EMBASSY SECURITY REQUESTS AND DEFICIENCIES.
The Secretary of State shall provide to the appropriate
congressional committees, the Committee on Armed Services of the House
of Representatives, and the Committee on Armed Services of the Senate
upon request information on physical security deficiencies at United
States diplomatic posts, including relating to the following:
(1) Requests made over the previous year by United States
diplomatic posts for security upgrades.
(2) Significant security deficiencies at United States
diplomatic posts that are not operating out of a new embassy
compound or new consulate compound.
SEC. 10. 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 such
employees prior to their arrival at a United States diplomatic post or
as soon as possible thereafter.
SEC. 11. 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 United States 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 United States diplomatic post 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 of State shall report to
the appropriate congressional committees regarding performance
evaluation measures in accordance 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.
SEC. 12. 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. 13. STATEMENT OF POLICY.
It is the policy of the United States that the Bureau of Overseas
Building Operations of the Department 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. 14. DEFINITIONS.
In this Act:
(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 to provide design and construction
services.
(2) 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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