H.R. 4969House115th Congress (2017-2019)Reconciliation

Embassy Security Authorization Act, Fiscal Year 2019

Introduced February 7, 2018

AI-Generated Summary

Updated April 15, 2026 at 8:25 PM UTC

The Improving Embassy Design and Security Act of 2018 updates how the State Department plans, builds, and maintains U.S. diplomatic facilities. It pushes for standardized embassy designs, adds regular reporting and transparency on construction costs and schedules, and sets new planning, contractor‑performance, and security‑briefing requirements. The bill mainly affects the State Department’s overseas building office, contractors, and U.S. diplomatic posts worldwide.

Key Provisions

  • Requires the State Department’s overseas building office to favor standard embassy designs and, for any non‑standard design, to consult Congress and provide cost, schedule, security, and justification comparisons (consultation requirement expires 9/30/2022).
  • Mandates quarterly reports to Congress on all overseas capital construction and major security upgrade projects, including original and current cost estimates, adjustments, contingency use, and completion dates, with an initial report covering projects completed through 12/31/2018.
  • Sets a deadline of Oct. 1, 2020 for completing all required contractor performance evaluations and requires the Secretary to create a prioritization system for clearing the backlog and to brief Congress on the plan.
  • Orders the State Department to produce growth projections for new embassy and consulate compounds and to obtain similar projections from other federal agencies that share those facilities.
  • Requires a six‑year Long‑Range Overseas Buildings Plan and a six‑year Long‑Range Overseas Maintenance Plan, to be updated annually for five years and submitted to Congress, including status of small diplomatic posts.
  • Calls for confirmation that value‑engineering and risk‑assessment studies are completed for capital projects and requires reporting of recommendations and reasons for any that are not implemented.
  • Amends a business‑volume provision to change the timing language to “cumulatively over 3 years.”
  • Requires the Secretary to provide Congress with information on security upgrade requests and deficiencies at diplomatic posts when asked.
  • Directs the State Department to revise the Foreign Affairs Manual so that all traveling U.S. government employees receive current threat‑environment briefings before or soon after arriving abroad.
  • Prescribes the use of the design‑build delivery method for new construction unless Congress is notified otherwise, and requires a performance‑evaluation report within 180 days.
  • Orders a report within 45 days on steps to broaden the pool of embassy‑construction contractors to increase competition.

Legislative Activity

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15 earlier actions
SenateFloor Latest Action

Message on Senate action sent to the House.

December 22, 2018

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HouseIntro Referral

Introduced in House

February 7, 2018

HouseIntro Referral

Referred to the House Committee on Foreign Affairs.

February 7, 2018

HouseCommittee

Committee Consideration and Mark-up Session Held.

June 28, 2018

HouseCommittee

Ordered to be Reported in the Nature of a Substitute (Amended) by Voice Vote.

June 28, 2018

HouseCommittee

Committee Agreed to Seek Consideration Under Suspension of the Rules, by Unanimous Consent.

June 28, 2018

HouseFloor

Mr. Royce (CA) moved to suspend the rules and pass the bill, as amended.

September 5, 2018 • 1:40 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H7840-7843)

September 5, 2018 • 1:40 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 4969.

September 5, 2018 • 1:40 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H7840-7841)

September 5, 2018 • 1:54 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H7840-7841)

September 5, 2018 • 1:54 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 5, 2018 • 1:54 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Foreign Relations.

September 6, 2018

SenateCommittee

Senate Committee on Foreign Relations discharged by Unanimous Consent.

December 22, 2018

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S8039-8041)

December 22, 2018

SenateFloor

Passed Senate with an amendment by Unanimous Consent.

December 22, 2018

SenateFloor

Message on Senate action sent to the House.

December 22, 2018

Floor Debate

4 members

What members said about H.R. 4969 on the floor

3 Republicans1 Democrat
Edward R. Royce
Rep. Edward R. RoyceR-CA-39 · Sep 5, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4969) to improve the design and construction of diplomatic posts, and for other purposes, as amended. Mr. Speaker, I ask unanimous…

Ami Bera
Rep. Ami BeraD-CA-7 · Sep 5, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of this measure, and let me thank Mr. McCaul and Ms. Kelly, both members of the Foreign Affairs Committee, for…

Michael T. McCaul
Rep. Michael T. McCaulR-TX-10 · Sep 5, 2018

Mr. Speaker, I rise in strong support of my bill, the Embassy Security Authorization Act. Embassies are really the physical representation of the United States abroad. An American Embassy is the…

Mitch McConnell
Sen. Mitch McConnellR-KY · Dec 22, 2018

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. I ask…

Bill Text

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Latest
Engrossed Amendment SenateIssued December 22, 2018

In the Senate of the United States,

December 22, 2018.

Amendment:

That the bill from the House of Representatives (H.R. 4969) entitled An Act to improve the design and construction of diplomatic posts, and for other purposes., do pass with the following

Strike all after the enacting clause and insert the following:

1.

Short title

This Act may be cited as the Improving Embassy Design and Security Act of 2018.

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.

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.

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).

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

Secretary