S 3210 ISCommentsClose CommentsPermalink

To establish a Design Excellence Program at the Department of State, to reestablish the Architectural Advisory Board, to assess the Standard Embassy Design Program, and for other purposes.CommentsClose CommentsPermalink

April 15, 2010CommentsClose CommentsPermalink

Mr. KERRY (for himself and Mr. DODD) introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsCommentsClose CommentsPermalink

To establish a Design Excellence Program at the Department of State, to reestablish the Architectural Advisory Board, to assess the Standard Embassy Design Program, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Embassy Design and Security Act of 2010’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress makes the following findings:CommentsClose CommentsPermalink





(1) Embassies--CommentsClose CommentsPermalink





(A) are an important reflection of American values, openness, ingenuity, and innovation;CommentsClose CommentsPermalink





(B) should reflect the best of United States design, architecture, sustainability, and technology; andCommentsClose CommentsPermalink





(C) should maintain security as a top priority.CommentsClose CommentsPermalink





(2) Since 2001, the Bureau of Overseas Buildings Operations (referred to in this section as ‘OBO’) has--CommentsClose CommentsPermalink





(A) completed 71 new diplomatic and consular facilities; andCommentsClose CommentsPermalink





(B) moved more than 20,000 individuals into safer, more secure and functional facilities.CommentsClose CommentsPermalink





(3) OBO, which has 34 other building projects in design or construction in 2010, has demonstrated its ability to construct diplomatic and consular facilities in a timely and expeditious manner.CommentsClose CommentsPermalink





(4) Since the August 1998 embassy bombings in East Africa, United States diplomatic and consular facilities have faced increasing attacks.CommentsClose CommentsPermalink





(5) OBO constructs safe and functional facilities for American diplomats to allow them to advance foreign policy and to strive to create better, safer, and more secure communities for all citizens of the world.CommentsClose CommentsPermalink





(6) In his seminal memo, entitled ‘Guiding Principles for Federal Architecture’, the Honorable Daniel Patrick Moynihan laid out the following core principles:CommentsClose CommentsPermalink





(A) ‘It should be our object to meet the test of Pericles’ evocation to the Athenians, which the President commended to the Massachusetts legislature in his address of January 9, 1961: ‘We do not imitate--for we are a model to others.’.CommentsClose CommentsPermalink





(B) ‘The policy shall be to provide requisite and adequate facilities in an architectural style and form which is distinguished and which will reflect the dignity, enterprise, vigor and stability of the American National Government.’.CommentsClose CommentsPermalink





(C) ‘The development of an official style must be avoided. . . . The advice of distinguished architects, as a rule, ought to be sought prior to the award of important design contracts.’.CommentsClose CommentsPermalink





(D) ‘The choice and development of the building site should be considered the first step of the design process.’.CommentsClose CommentsPermalink





(7) The principles set forth in paragraph (2) provide the foundation for the General Services Administration’s Design Excellence Program, which--CommentsClose CommentsPermalink





(A) establishes nationwide policies and procedures for selecting distinguished architects and artists for General Services Administration’s commissions; andCommentsClose CommentsPermalink





(B) implements rigorous review processes to produce facilities and civic artworks of outstanding quality and value.CommentsClose CommentsPermalink





(8) Section 401 of the Energy Independence and Security Act of 2007 (Public Law 110-140) defines a high-performance building as ‘a building that integrates and optimizes on a life cycle basis all major high performance attributes, including energy conservation, environment, safety, security, durability, accessibility, cost-benefit, productivity, sustainability, functionality, and operational considerations’.CommentsClose CommentsPermalink





(9) The 2009 American Institute of Architects ‘Design for Diplomacy: New Embassies for the 21st Century’ reports ‘significant interest in developing an approach that would enable architects and engineers to design embassies that reflected the unique needs of a site at a foreign post’.CommentsClose CommentsPermalink





(10) The Center for Strategic and International Studies published a report in 2007, authored by the Embassy of the Future Commission and entitled ‘The Embassy of the Future’, which makes the following statements:CommentsClose CommentsPermalink





(A) ‘The new embassy facilities have in some places created the perception among some of a fearful United States, retreating behind high walls and isolating itself from the people it is trying to reach.’.CommentsClose CommentsPermalink





(B) ‘The commission believes that it is important to meet security needs in ways that reflect the new diplomatic job.’.CommentsClose CommentsPermalink





(C) ‘[S]etbacks, barriers, and other security features can be designed in ways that integrate security with the overall building design and surroundings.’.CommentsClose CommentsPermalink

SEC. 3. STATEMENT OF POLICY.

It is the policy of the United States to adopt design excellence as a mandate to advance a new generation of secure, high-performance, sustainable diplomatic and consular facilities in support of United States foreign policy.CommentsClose CommentsPermalink

SEC. 4. ESTABLISHMENT OF A DESIGN EXCELLENCE PROGRAM AT THE DEPARTMENT OF STATE.

The Secretary of State should--CommentsClose CommentsPermalink





(1) develop and establish a design excellence program, which shall be--CommentsClose CommentsPermalink





(A) modeled after the program used by the General Services Administration; andCommentsClose CommentsPermalink





(B) tailored to the specific requirements of the Bureau of Overseas Building Operations;CommentsClose CommentsPermalink





(2) ensure that security remains a top priority for all diplomatic and consular facilities;CommentsClose CommentsPermalink





(3) integrate sustainability and sustainable design and construction best practices for all facilities constructed under the direction of the Bureau of Overseas Building Operations;CommentsClose CommentsPermalink





(4) encourage innovation in building design;CommentsClose CommentsPermalink





(5) create a framework for testing new technologies as they come on the market that can create potential value for new facilities;CommentsClose CommentsPermalink





(6) create a design excellence policies and procedures manual, which shall--CommentsClose CommentsPermalink





(A) explain the mandate of the design excellence program; andCommentsClose CommentsPermalink





(B) describe how the Department of State will implement and operate the program;CommentsClose CommentsPermalink





(7) establish a high-level board to track the progress of the design excellence program, which--CommentsClose CommentsPermalink





(A) shall be composed of an equivalent number of--CommentsClose CommentsPermalink





(i) outside professionals who have specific architectural, design, and industry expertise; andCommentsClose CommentsPermalink





(ii) senior United States Government officials; andCommentsClose CommentsPermalink





(B) shall meet not less frequently than semiannually--CommentsClose CommentsPermalink





(i) to review and analyze the progress and results of the program; andCommentsClose CommentsPermalink





(ii) to provide guidance to the Department of State on questions that may arise;CommentsClose CommentsPermalink





(8) train staff to support design excellence through education and training on program implementation to ensure consistency and quality on all projects;CommentsClose CommentsPermalink





(9) perform post-occupancy evaluations to identify the problems and successes of each facility;CommentsClose CommentsPermalink





(10) consider utilizing research studies from outside the Department of State to bring new ideas and provide cost-effective solutions;CommentsClose CommentsPermalink





(11) include fine arts advisors as part of the design excellence program and peer review panels for all embassy projects; andCommentsClose CommentsPermalink





(12) undertake a concurrent review of the Standard Embassy Design Program (referred to in this section as the ‘SED Program’) to determine--CommentsClose CommentsPermalink





(A) the best way to integrate the newly established design excellence program with the SED Program; andCommentsClose CommentsPermalink





(B) modifications that need to be made to the SED Program.CommentsClose CommentsPermalink

SEC. 5. ARCHITECTURAL ADVISORY BOARD.

(a) In General- The Secretary shall reestablish the Architectural Advisory Board (referred to in this section as the ‘Board’) in order to--CommentsClose CommentsPermalink





(1) advise the Department of State on design standards;CommentsClose CommentsPermalink





(2) recommend the most appropriate style of architecture for prospective projects;CommentsClose CommentsPermalink





(3) review the quality and fitness of designs;CommentsClose CommentsPermalink





(4) advise on an appropriate balance and integration between security priorities and American values of openness and design;CommentsClose CommentsPermalink





(5) advise how the Department can construct new diplomatic and consular facilities that are built to the most up-to-date energy efficiency requirements, standards, checklists, or rating systems, to the extent possible;CommentsClose CommentsPermalink





(6) advise how the Department can place diplomatic and consular facilities in urban and city center locations, to the extent possible--CommentsClose CommentsPermalink





(A) to permit greater accessibility to national government institutions; andCommentsClose CommentsPermalink





(B) to facilitate ease of access for local residents; andCommentsClose CommentsPermalink





(7) advise how the Department can construct new diplomatic and consular facilities with future, projected growth needs in mind, including growth needs for other Federal agencies.CommentsClose CommentsPermalink





(b) Composition- The Board shall be composed of 5 members appointed by the Secretary from outside the United States Government, who are noted for their knowledge of, and experience with, architecture and design.CommentsClose CommentsPermalink





(c) Deadline for Appointments- All members of the Board shall be appointed not later than 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





(d) Meetings- The Board shall meet not less frequently than semiannually at the call of the Chairperson.CommentsClose CommentsPermalink





(e) Compensation-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), members of the Board--CommentsClose CommentsPermalink





(A) shall be paid compensation out of funds made available for the purposes of this title at the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties as a member of the Board; andCommentsClose CommentsPermalink





(B) while away from the member’s home or regular place of business on necessary travel in the actual performance of duties as a member of the Board, shall be paid per diem, travel, and transportation expenses in the same manner as is provided under subchapter I of chapter 57 of title 5, United States Code.CommentsClose CommentsPermalink





(2) LIMITATION- A member of the Board may not be paid compensation under paragraph (1)(B) for more than 90 days in any calendar year.CommentsClose CommentsPermalink





(f) Exemption- The Board shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).CommentsClose CommentsPermalink

SEC. 6. REPORT TO REVIEW THE STANDARD EMBASSY DESIGN PROGRAM.

Not later than 1 year after the date of the enactment of this Act, the Architectural Review Board established under section 5 shall submit to the appropriate congressional committees an assessment of the Standard Embassy Design Program, which shall include--CommentsClose CommentsPermalink





(1) a comprehensive review of the Standard Embassy Design template, including the utility of the template in overseas contexts and general strengths, weaknesses, drawbacks, and limitations to the template;CommentsClose CommentsPermalink





(2) an analysis of the cost-effectiveness and overall utility of incorporating 1 of 4 classes of Standard Embassy Design (small, medium, large, and extra large);CommentsClose CommentsPermalink





(3) an analysis of whether such approach unduly limits the flexibility of design and responsiveness to local contexts and priorities;CommentsClose CommentsPermalink





(4) a consideration of alternative approaches to enable architects and engineers--CommentsClose CommentsPermalink





(A) to design embassies that reflect the unique needs of a site at a foreign post; andCommentsClose CommentsPermalink





(B) to incorporate appropriate standard design and construction components common to the building type;CommentsClose CommentsPermalink





(5) an examination of the effectiveness of the SED Program in--CommentsClose CommentsPermalink





(A) integrating security concerns with design considerations;CommentsClose CommentsPermalink





(B) ensuring an adequate growth footprint for future embassy personnel increases;CommentsClose CommentsPermalink





(C) incorporating sustainable design and the most up-to-date energy efficiency requirements, standards, checklists, or rating systems for diplomatic and consular facilities;CommentsClose CommentsPermalink





(D) allowing for open and public access; andCommentsClose CommentsPermalink





(E) ensuring overall design excellence; andCommentsClose CommentsPermalink





(6) recommendations on--CommentsClose CommentsPermalink





(A) the best way to integrate the newly established Embassy Design Excellence Program with the SED Program; andCommentsClose CommentsPermalink





(B) the modifications to the SED Program that are warranted.CommentsClose CommentsPermalink

SEC. 7. MODIFIED SECURITY REQUIREMENTS FOR UNITED STATES DIPLOMATIC AND CONSULAR FACILITIES.

(a) Sense of Congress on Co-Location and Security Requirements- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) while assessing the necessity, security, and efficiency of co-locating all United States Government personnel at a single embassy site within a single foreign country, the Secretary should consider placing United States Government personnel at locations conducive to maximizing their use;CommentsClose CommentsPermalink





(2) while cost efficiency and security considerations may justify the consolidation of multiple Federal departments and agencies at a single location, such a determination should not be made without taking into account other crucial policy considerations;CommentsClose CommentsPermalink





(3) the Secretary should consider alternative location arrangements that do not affect the strength and appropriateness of security arrangements for United States Government personnel;CommentsClose CommentsPermalink





(4) it is crucial that security standards remain uniformly high in all locations hosting United States Government personnel;CommentsClose CommentsPermalink





(5) the perimeter distance requirement under section 606(a)(3) of the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865(a)(3)) imposes a uniform security standard for all diplomatic and consular facilities regardless of country context or specific security needs;CommentsClose CommentsPermalink





(6) a more nuanced approach may tailor specific security requirements, such as perimeter distance requirements, to particular security considerations in a given country; andCommentsClose CommentsPermalink





(7) while every country with diplomatic representation must have a modern, secure, safe, and functional facility, it is important to integrate security with the long-term impact on the foreign policy objectives of the Department of State.CommentsClose CommentsPermalink





(b) Diplomatic and Consular Facilities Task Force-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of State should establish the Diplomatic and Consular Facilities Task Force (referred to in this section as the ‘Task Force’)--CommentsClose CommentsPermalink





(A) to review existing regulations, standards, and procedures to implement paragraphs (2) and (3) of section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865(a)); andCommentsClose CommentsPermalink





(B) to make appropriate recommendations to modify or revoke the regulations, standards, and procedures under such Act.CommentsClose CommentsPermalink





(2) COMPOSITION- The Task Force shall be composed of 7 members, of whom--CommentsClose CommentsPermalink





(A) 4 shall be senior career professionals of the Department of State with different personnel backgrounds; andCommentsClose CommentsPermalink





(B) 3 shall be professionals outside the United States Government who are noted for their knowledge and experience in construction and security issues.CommentsClose CommentsPermalink





(3) DEADLINE FOR APPOINTMENTS- All members of the Task Force shall be appointed not later than 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





(4) EXEMPTION- The Task Force shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).CommentsClose CommentsPermalink





(5) TERMINATION- The Task Force shall terminate on the date on which the report is submitted to Congress under subsection (c)(2).CommentsClose CommentsPermalink





(c) Reports-CommentsClose CommentsPermalink





(1) SECRETARY OF STATE- Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that describes--CommentsClose CommentsPermalink





(A) the recommendations made by the Task Force under subsection (b)(1)(B); andCommentsClose CommentsPermalink





(B) the impact of such recommendations on the operations of, and security standards for, United States diplomatic and consular facilities.CommentsClose CommentsPermalink





(2) COMPTROLLER GENERAL- Not later than 120 days after the submission of the report under paragraph (1), the Comptroller General of the United States shall submit a report to the appropriate congressional committees that contains--CommentsClose CommentsPermalink





(A) a review of, and comments on, the recommendations made by the Task Force under subsection (b)(1)(B); andCommentsClose CommentsPermalink





(B) the Comptroller General’s recommendations for improving the security standards at all United States diplomatic and consular facilities.CommentsClose CommentsPermalink