CHAPTER 8 —FOREIGN SERVICE BUILDINGS
§291. Lease of buildings, etc., for offices, living quarters, heat, light, and equipment
The Secretary of State may lease or rent, for periods not exceeding ten years, such buildings and grounds for the use of the Foreign Service as may be necessary; and he may, in accordance with existing practice without cost to them, and within the limit of any appropriation made by Congress, furnish the officers and employees in the Foreign Service with living quarters, heat, light, and household equipment in Government-owned or rented buildings, at places where, in his judgment, it would be in the public interest to do so, notwithstanding the provisions of
(Apr. 18, 1930, ch. 184, title I,
Editorial Notes
Codification
Section was not enacted as part of the Foreign Service Buildings Act, 1926, which comprises this chapter.
"
§292. Acquisition of sites and buildings for diplomatic and consular establishments; allotment of space; credit of payments without regard to limitations of amounts
(a) Authority of Secretary of State
The Secretary of State is empowered to acquire by purchase or construction in the manner hereinafter provided, within the limits of appropriations made to carry out this chapter, by exchange, in whole or in part, of any building or grounds of the United States in foreign countries and under the jurisdiction and control of the Secretary of State, sites and buildings in foreign capitals and in other foreign cities, and to alter, repair, and furnish such buildings for the use of the diplomatic and consular establishments of the United States, or for the purpose of consolidating within one or more buildings, the embassies, legation, consulates, and other agencies of the United States Government there maintained. The space in such buildings shall be allotted by the Secretary of State among the several agencies of the United States Government.
(b) Payments from other than appropriated funds for acquisition of property
Payments made for rent or otherwise by the United States from funds other than appropriations made to carry out this chapter may be credited toward the acquisition of property under this chapter without regard to limitations of amounts imposed by this chapter.
(c) Authorization for improvements and construction
The Secretary of State may improve or construct facilities overseas for other Federal departments and agencies on an advance-of-funds or reimbursable basis if such advances or reimbursements are credited to the Embassy Security, Construction, and Maintenance account and remain available until expended.
(May 7, 1926, ch. 250, §1,
Editorial Notes
Amendments
2016—Subsec. (c).
1977—Subsec. (a).
Subsec. (b).
1966—
1963—
1928—Act May 29, 1928, inserted "or by exchange, in whole or in part, under such terms and conditions as in the judgment of the commission may best protect the interest of the United States, of any building or grounds of the United States in foreign countries and under the jurisdiction and control of the Secretary of State".
Statutory Notes and Related Subsidiaries
Standard Design in Capital Construction
"(a)
"(b)
"(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)
[For definitions of "Department", "Secretary", and "appropriate congressional committees" as used in section 5202 of
[For definition of "non-standard design" as used in section 5202 of
Value Engineering and Risk Assessment
"(a)
"(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)
"(1)
"(2)
"(c)
"(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."
[For definitions of "Department", "Secretary", and "appropriate congressional committees" as used in section 5207 of
Statement of Policy
[For definition of "Department" as used in section 5213 of
Property Agreements
§292a. Demonstration of solar and other renewable energy technologies in foreign countries
(a) Use of renewable energy systems in United States buildings in foreign countries
It is the purpose of this section to provide for the demonstration of solar energy and other renewable energy technologies in foreign countries through the use of such energy in buildings acquired under subsection (a) of
(1) countries in which such buildings are located may be given visible incentives to develop and use local solar energy or other renewable energy resources to reduce dependence upon petroleum and petroleum products;
(2) markets may be developed for American solar energy systems and components in order to stimulate investment in such systems and components and to reduce the costs of such systems and components to reasonable levels;
(3) in furtherance of the purpose of section 2151q 1 of this title, cooperation may be developed between the United States and other countries in an effort to develop solar energy or other renewable energy systems within a short period of time; and
(4) equipment which is vital to the operation of sensitive systems within United States missions abroad may be made more reliable and less dependent upon interruptible local energy supplies.
(b) Implementation of renewable energy projects by Secretary
(1) The Secretary of State shall implement projects for the application of solar energy or other forms of renewable energy in buildings acquired under subsection (a)
(2) The Secretary of State shall select projects under paragraph (1) in consultation with the Secretary of Energy. Such projects shall apply available solar energy and other renewable energy technologies, including those for—
(A) the heating and cooling of buildings;
(B) solar thermal electric systems;
(C) solar photovoltaic conversion systems;
(D) wind energy systems; and
(E) systems for developing fuels from biomass.
The Secretary of Energy shall inform the Secretary of State of all such technologies which are feasible for such projects, taking into account the resources and environmental conditions of the countries in which such projects are to be implemented. Upon the request of the Secretary of State, the Secretary of Energy shall provide to the Secretary of State any technical information or other technical assistance which the Secretary of State considers necessary with respect to any such project. Any project selected under this section should be similar to projects which have been demonstrated by the Department of Energy (or any of its predecessor agencies) to be reliable, maintainable, and technically feasible.
(3) Any project selected under this section shall be adaptable to the local resources, climatic conditions, and economic circumstances of the country in which such project is implemented in order that such country will be more likely to implement similar projects.
(4) The Secretary of State shall insure that any project selected under this section is demonstrated to, and available for inspection by, officials and other citizens of the country in which such project is implemented.
(5) In selecting projects under this section, the Secretary of State shall give priority to projects to be implemented in developing countries.
(c) Planning for use of renewable energy systems in construction of new buildings
Whenever any building is constructed under the authority contained in
(d) Availability of sums previously authorized to be appropriated
In addition to amounts otherwise available for such purposes, $4,000,000 of the amount authorized to be appropriated by section 101(a)(1) of this Act shall be available only to carry out the purposes of this section.
(
Editorial Notes
References in Text
Section 101(a)(1) of this Act, referred to in subsec. (d), means section 101(a)(1) of
Codification
Section was not enacted as part of the Foreign Service Buildings Act, 1926, which comprises this chapter.
1 See References in Text note below.
§293. Repealed. Pub. L. 88–94, §2(a), Aug. 12, 1963, 77 Stat. 122
Section, acts May 7, 1926, ch. 250, §2,
Statutory Notes and Related Subsidiaries
Foreign Service Buildings Commission; References in Other Laws
§294. Manner of use of buildings; contracts for construction, etc.
Buildings and grounds acquired under this chapter or prior to May 7, 1926, acquired or authorized for the use of the diplomatic and consular establishments in foreign countries may be used, in the case of buildings and grounds for the diplomatic establishment, as Government offices or residences or as such offices and residences; or, in the case of other buildings and grounds, as such offices or such offices and residences. The contracts for purchases of buildings, for leases, and for all work of construction, alteration, and repair under this chapter are authorized to be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making, and performance of contracts and performance of work in the United States and without regard to section 3324(a) and (b) of title 31.
(May 7, 1926, ch. 250, §3,
Editorial Notes
Codification
"Section 3324(a) and (b) of title 31" substituted in text for "section 3648 of the Revised Statutes of the United States (
Amendments
1991—
1963—
§294a. Contracts requiring payment in foreign currency
Whenever a contract is made for the construction, alteration, or repair of a Foreign Service building which requires payments in a foreign currency, the Secretary of State is authorized to purchase such currency at such times and in such amounts (within the total amount of the payments to be made under such contract) as he may deem necessary, the currency so purchased to be disbursed and accounted for at its cost price.
(May 14, 1940, ch. 189, title I,
Editorial Notes
Codification
Section was not enacted as a part of the Foreign Service Buildings Act, 1926, which comprises this chapter.
Prior Provisions
Prior similar provisions were contained in act June 29, 1939, ch. 248, title I,
§295. Authorization of appropriations; Foreign Service Building Fund; expenditures; foreign currencies
(a) For the purpose of carrying into effect the provisions of this chapter there is authorized to be appropriated an amount not exceeding $10,000,000, and the appropriations made pursuant to this authorization shall constitute a fund to be known as the Foreign Service Building Fund, to remain available until expended. Under this authorization not more than $2,000,000 shall be appropriated for any one year, but within the total authorization provided in this chapter the Secretary of State may enter into contracts for the acquisition of the buildings and grounds authorized by this chapter. In the case of the buildings and grounds authorized by this chapter, after the initial alterations, repairs, and furnishing have been completed, subsequent expenditures for such purposes may be made out of the appropriations authorized by this chapter in amounts authorized by the Congress each fiscal year.
(b) For the purpose of carrying into effect the provisions of this chapter there is authorized to be appropriated, in addition to amounts previously authorized, an amount not to exceed $90,000,000, which shall be available exclusively for payments representing the value, in whole or in part, of property or credits in accordance with the provisions of section 295b 1 of this title. Sums appropriated pursuant to this authorization shall remain available until expended.
(c) For the purpose of carrying into effect the provisions of this chapter there is hereby authorized to be appropriated, in addition to amounts previously authorized, an amount not to exceed $10,000,000, which shall remain available until expended.
(d) In addition to amounts authorized before the date of enactment of this section, there is hereby authorized to be appropriated to the Secretary of State—
(1) for acquisition, by purchase or construction (including acquisition of leaseholds) of sites and buildings in foreign countries under this chapter, and for major alterations of buildings acquired under this chapter, the following sums—
(A) for use in Africa, not to exceed $7,140,000 of which not to exceed $3,270,000 may be appropriated for the fiscal year 1964;
(B) for use in the American Republics, not to exceed $5,360,000, of which not to exceed $4,030,000 may be appropriated for the fiscal year 1964;
(C) for use in Europe, not to exceed $6,839,000, of which not to exceed $1,820,000 may be appropriated for the fiscal year 1964;
(D) for use in the Far East, not to exceed $2,350,000, of which not to exceed $2,200,000 may be appropriated for the fiscal year 1964;
(E) for use in the Near East, not to exceed $2,710,000, of which not to exceed $2,100,000 may be appropriated for the fiscal year 1964;
(F) for facilities for the United States Information Agency, not to exceed $1,125,000, of which not to exceed $720,000 may be appropriated for the fiscal year 1964, and
(G) for facilities for agricultural and defense attaché housing, not to exceed $800,000, of which not to exceed $400,000 may be appropriated for the fiscal year 1964;
(2) for use to carry out the other purposes of this chapter, not to exceed $11,500,000 for the fiscal year 1964, $12,000,000 for the fiscal year 1965, $12,200,000 for the fiscal year 1966, $12,400,000 for the fiscal year 1967.
(e) For the purpose of carrying into effect the provisions of this chapter in South Vietnam, there is hereby authorized to be appropriated, in addition to amounts previously authorized prior to May 21, 1965, $2,600,000, to remain available until expended.
(f) In addition to amounts authorized before October 10, 1966, there is hereby authorized to be appropriated to the Secretary of State—
(1) for acquisition by purchase or construction (including acquisition of leaseholds) of sites and buildings in foreign countries under this chapter, and for major alterations of buildings acquired under this chapter, the following sums—
(A) for use in Africa, not to exceed $5,485,000, of which not to exceed $1,885,000 may be appropriated for the fiscal year 1967;
(B) for use in the American Republics, not to exceed $7,920,000, of which not to exceed $3,585,000 may be appropriated for the fiscal year 1967;
(C) for use in Europe, not to exceed $3,310,000, of which not to exceed $785,000 may be appropriated for the fiscal year 1967;
(D) for use in the Far East, not to exceed $3,150,000, of which not to exceed $560,000 may be appropriated for the fiscal year 1967;
(E) for use in the Near East, not to exceed $6,930,000, of which not to exceed $1,890,000 may be appropriated for the fiscal year 1967;
(F) for facilities for the United States Information Agency, not to exceed $615,000, of which not to exceed $430,000 may be appropriated for the fiscal year 1967;
(G) for facilities for agricultural and defense attaché housing, not to exceed $800,000, of which not to exceed $400,000 may be appropriated for the fiscal year 1967;
(2) for use to carry out the other purposes of this chapter, not to exceed $12,600,000 for the fiscal year 1968, not to exceed $12,750,000 for the fiscal year 1969, not to exceed $13,500,000 for the fiscal year 1970, not to exceed $14,300,000 for the fiscal year 1971, not to exceed $15,000,000 for the fiscal year 1972, and not to exceed $15,900,000 for the fiscal year 1973.
(g) In addition to amounts authorized before June 22, 1973, there is hereby authorized to be appropriated to the Secretary of State—
(1) for acquisition by purchase or construction (including acquisition of leaseholds) of sites and buildings in foreign countries under this chapter, and for major alterations of buildings acquired under this chapter, the following sums—
(A) for use in Africa, not to exceed $850,000, of which not to exceed $631,000 may be appropriated for the fiscal year 1974;
(B) for use in the American Republics, not to exceed $240,000, of which not to exceed $240,000 may be appropriated for the fiscal year 1974;
(C) for use in Europe, not to exceed $682,000, of which not to exceed $204,000 may be appropriated for the fiscal year 1974;
(D) for use in East Asia, not to exceed $1,243,000, of which not to exceed $985,000 may be appropriated for the fiscal year 1974;
(E) for use in the Near East and South Asia, not to exceed $10,433,000, of which not to exceed $2,287,000 may be appropriated for the fiscal year 1974;
(F) for facilities for the United States Information Agency, not to exceed $45,000 for use beginning in the fiscal year 1975;
(G) for facilities for agricultural and defense attaché housing, not to exceed $318,000 for use beginning in the fiscal year 1974; and
(2) for use to carry out other purposes of this chapter for fiscal years 1974 and 1975, $48,532,000, of which not to exceed $23,066,000 may be appropriated for fiscal year 1974.
(h) In addition to amounts authorized before November 29, 1975, there is authorized to be appropriated to the Secretary of State—
(1) for acquisition by purchase or construction (including acquisition of leaseholds) of sites and buildings in foreign countries under this chapter, and for major alterations of buildings acquired under this chapter, the following sums—
(A) for use in Europe, not to exceed $225,000 for fiscal year 1977;
(B) for use in the Near East and South Asia, not to exceed $12,885,000, of which not to exceed $3,985,000 may be appropriated for fiscal year 1976;
(C) for facilities for the United States Information Agency, not to exceed $3,400,000, of which not to exceed $2,800,000 may be appropriated for fiscal year 1976;
(D) for facilities for agricultural and defense attaché housing, not to exceed $150,000 for fiscal year 1977; and
(E) for facilities for the United States Agency for International Development, not to exceed $17,200,000 for fiscal year 1977; and
(2) for use to carry out the other purposes of this chapter for fiscal years 1976 and 1977, $73,058,000, of which not to exceed $32,840,000 may be appropriated for fiscal year 1976.
(i)(1) Sums appropriated under authority of this chapter shall remain available until expended. To the maximum extent feasible, expenditures under this chapter shall be made out of foreign currencies owned by or owed to the United States.
(2) Not to exceed 10 per centum of the funds authorized by any subparagraph under paragraph (1) of subsections (d), (f), (g), and (h) of this section may be used for any of the purposes for which funds are authorized under any other subparagraph of any of such paragraph (1).
(3) There are hereby authorized to be appropriated to the Secretary of State such additional or supplemental amounts as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law.
(j)(1) In addition to exercising any other transfer authority available to the Secretary of State, and subject to paragraph (2), the Secretary may transfer to, and merge with, any appropriation for fiscal year 2018 under the heading "Diplomatic and Consular Programs", including for Worldwide Security Protection, and under the heading "Embassy Security, Construction, and Maintenance" funds appropriated under such headings if the Secretary determines such transfer is necessary to implement the recommendations of the Benghazi Accountability Review Board, or to prevent or respond to security situations and requirements.
(A) shall 2 not exceed 20 percent of any appropriation made available for fiscal year 2018 for the Department of State under the heading "Administration of Foreign Affairs", and no such appropriation shall be increased by more than 10 percent by any such transfer; and
(B) shall 2 be merged with funds in the heading to which transferred, and shall be available subject to the same terms and conditions as the funds with which merged.
(2) Not later than 15 days before any transfer of funds pursuant to paragraph (1), the Secretary of State shall notify in writing the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. Any such notification shall include a description of the particular security need necessitating the transfer at issue.
(May 7, 1926, ch. 250, §4,
Editorial Notes
References in Text
Date of enactment of this section, referred to in subsec. (d), probably means the date of enactment of
Amendments
2016—Subsec. (j).
1993—Subsec. (j).
1977—Subsec. (h)(1).
1976—Subsec. (h)(2).
Subsec. (j).
1975—Subsec. (g)(1).
Subsec. (h).
Subsec. (i).
1974—Subsec. (g)(1).
Subsec. (g)(2).
1973—Subsec. (g).
Subsec. (h).
1970—Subsec. (f)(2).
1968—Subsec. (f)(2).
1966—Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
1965—Subsec. (e).
1964—Subsec. (d).
1963—Subsec. (a).
Subsec. (d).
1960—Subsec. (c).
Subsec. (b). Act June 19, 1952, added subsec. (b).
1952—Act June 19, 1952, designated existing provisions as subsec. (a), permitted the expenditure of the authorized and appropriated funds for continuing alterations, repairs, and furnishings, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1960 Amendment
Amendment by
Transfer of Functions
United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see
1 See References in Text note below.
§§295a, 295b. Omitted
Editorial Notes
Codification
Section 295a, act May 25, 1938, ch. 275,
Section 295b, act June 25, 1946, ch. 643,
Statutory Notes and Related Subsidiaries
Diplomatic Establishments in Philippine Islands
Acts July 9, 1947, ch. 211, title I, §101,
§296. Duties of Secretary of State with respect to commission and properties
For the purposes of this chapter the Secretary of State is authorized to supervise, preserve, maintain, operate, and, when deemed necessary, to insure the Foreign Service properties in foreign countries and the other properties acquired in accordance with the provisions of this chapter; to rent and insure objects of art; to collect information and formulate plans; and, without regard to civil service and classification laws, to obtain architectural and other expert technical services as may be necessary and pay therefor the scale of professional fees as established by local authority, law or custom, and to make expenditures without regard to
(May 7, 1926, ch. 250, §5,
Editorial Notes
References in Text
Amendments
1952—Act June 19, 1952, amended section generally to authorize Secretary of State to supervise, preserve, maintain, operate, and insure Foreign Service property in foreign countries.
§296a. Maintenance management of overseas property
The Director of the Office of Foreign Buildings Operations shall—
(1) direct overseas posts to make annual building condition assessments of buildings and facilities used by the post;
(2) not later than 90 days after October 28, 1991, revise the Foreign Affairs Manual to stipulate that the Buildings and Maintenance Handbook shall be used by each post to identify their maintenance needs, standardize their maintenance operations, and conduct annual assessments as required by paragraph (1);
(3) direct the Office of Foreign Buildings Operations to provide proper training and assistance to posts to ensure that annual surveys are effectively completed; and
(4) direct overseas posts to ensure that all maintenance program fiscal transactions are properly encoded in the Department of State accounting system to enable compilation of actual expenditures on routine maintenance and specific maintenance funded by the Office of Foreign Buildings Operations.
(
Editorial Notes
Codification
Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, and not as part of the Foreign Service Buildings Act, 1926, which comprises this chapter.
Statutory Notes and Related Subsidiaries
Authority of Secretary of State
Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see
§297. Acquisition of property by lease
The authority granted to acquire sites and buildings by purchase or otherwise shall include authority to acquire leaseholds.
(May 7, 1926, ch. 250, §6,
Editorial Notes
Amendments
1977—
1952—Act June 19, 1952, provided for leaseholds of not less than 10 years.
§297a. Omitted
Editorial Notes
Codification
Section, which related to leaseholds of not less than ten years, was from the Department of State Appropriation Act, 1953, act July 10, 1952, ch. 651, title I,
1951—Oct. 22, 1951, ch. 533, title I,
1950—Sept. 6, 1950, ch. 896, ch. III, title I,
1949—July 20, 1949, ch. 354, title I,
§298. Omitted
Editorial Notes
Codification
Section, act May 7, 1926, ch. 250, §7,
§299. Short title
This chapter may be cited as the "Foreign Service Buildings Act, 1926."
(May 7, 1926, ch. 250, §8,
§300. Dispositions of property; damage payments; acceptance of gifts or services
(a) Authority of Secretary of State
The Secretary of State is authorized—
(1) to sell, exchange, lease, or license any property or property interest acquired under this chapter, or under other authority, for use of diplomatic and consular establishments in foreign countries or in the United States pursuant to
(2) to receive payment in whatever form, or in kind, he determines to be in the interest of the United States for damage to or destruction of property acquired for use of diplomatic and consular establishments abroad, and the contents of such buildings, and
(3) to accept on behalf of the United States gifts of property or services of any kind made by will or otherwise for the purposes of this chapter.
(b) Disposition of proceeds; report to Congress
Proceeds derived from dispositions, payments, or gifts under subsection (a) shall, notwithstanding the provisions of any other law, be applied toward acquisition, construction, or other purposes authorized by this chapter or held in the Foreign Service Buildings Fund, as in the judgment of the Secretary may best serve the Government's interest: Provided, That the Secretary shall report all such transactions annually to the Congress with the budget estimates of the Department of State.
(c) Proceeds from sale of furniture, furnishings, and equipment
Notwithstanding subsection (b), proceeds from the disposition of furniture, furnishings, and equipment from diplomatic and consular establishments in foreign countries shall be deposited into the Foreign Service Building Fund to be available for obligation or expenditure as directed by the Secretary.
(May 7, 1926, ch. 250, §9, as added Apr. 19, 1945, ch. 78,
Editorial Notes
Amendments
1990—Subsec. (a)(1).
1986—Subsec. (c).
1966—Subsec. (a).
Subsec. (b).
1963—
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (b) of this section relating to the Secretary reporting transactions annually to Congress, see section 3003 of
§301. Lease or rental arrangements of not less than ten years; approval by Secretary; delegation of authority; information to Congress
(a) Leases
Notwithstanding the provisions of this chapter or any other Act, no lease or other rental arrangement for a period of less than ten years, and requiring an annual payment in excess of $100,000 shall be entered into by the Secretary of State for the purpose of renting or leasing offices, buildings, grounds, or living quarters for the use of the Foreign Service abroad, unless such lease or other rental arrangement is approved by the Secretary. The Secretary may delegate his authority under this section only to the Deputy Under Secretary of State for Administration or to the Director of the Office of Foreign Buildings. The Secretary shall keep the Congress fully and currently informed with respect to leases or other rental arrangements approved under this section.
(b) Advance payments for long-term leases and lease purchase
The Secretary may, subject to the availability of appropriations, make advance payments for long-term leases and lease-purchase agreements, if the Secretary or his designee determines, in each case, that such payments are in the interest of the United States Government in carrying out the purposes of this chapter.
(May 7, 1926, ch. 250, §10, as added
Editorial Notes
Amendments
2022—Subsec. (a).
1991—
Statutory Notes and Related Subsidiaries
Authority of Secretary of State
Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see
§302. Award of contracts
(a) Eligibility limitation for construction, etc., abroad
Eligibility for award of contracts under this chapter or of any other contract by the Secretary of State, including lease-back or other agreements, the purpose of which is to obtain the construction, alteration, or repair of buildings and grounds abroad, when estimated to exceed $5,000,000, including any contract alternatives or options, shall be limited, after a determination that adequate competition will be obtained thereby, to (1) American-owned bidders and (2) bidders from countries which permit or agree to permit substantially equal access to American bidders for comparable diplomatic and consular building projects, except that participation may be permitted by or limited to host-country bidders where required by international agreement or by the law of the host country or where determined by the Secretary of State to be necessary in the interest of bilateral relations or necessary to carry out the construction project.
(b) Foreign laws and regulations; competitive status and adequacy; bidder qualifications
(1) Generally applicable laws and regulations pertaining to licensing and other qualifications to do business in the country in which the contract is to be performed shall not be deemed a limitation of access for purposes of this section.
(2) For purposes of determining competitive status, bids qualifying under subsection (a)(1) shall be reduced by 10 per centum.
(3) A determination of adequacy of competition for purposes of subsection (a) shall be made after advance publication by the Secretary of State of the proposed project, and receipt from not less than two prospective responsible bidders of intent to submit a bid or proposal. If competition is not determined to be adequate, contracts may be awarded without regard to subsection (a) and this subsection.
(4) Bidder qualification under subsection (a) shall be determined on the basis of nationality of ownership, the burden of which shall be on the prospective bidder. Qualification under subsection (a)(1) shall require evidence of (A) performance of similar construction work in the United States or at a United States diplomatic or consular establishment abroad, and (B) either (i) ownership in excess of fifty percent by United States citizens or permanent residents, or (ii) incorporation in the United States for more than three years and employment of United States citizens or permanent residents in more than half of the corporation's permanent full-time professional and managerial positions in the United States.
(5) Qualification under this section shall be established on the basis of determinations at the time bids are requested.
(c) Contracts for construction, etc., in United States
Contracts for construction, alteration, or repair in the United States for or on behalf of any foreign mission (as defined in section 202(a)(4) 1 of title II of the State Department Basic Authorities Act of 1956 (
(d) Discretionary determinations by Secretary of State
Determinations under this section shall be committed to the discretion of the Secretary of State.
(e) Termination of requirements
This section shall cease to be effective when the Secretary of State determines that there are internationally-agree-upon 2 rules in effect on bidding for construction contracts.
(May 7, 1926, ch. 250, §11, as added
Editorial Notes
References in Text
Title II of the State Department Basic Authorities Act of 1956, referred to in subsec. (c), is title II of act Aug. 1, 1956, ch. 841, as added Aug. 24, 1982,
Amendments
2002—Subsec. (b)(4)(A).
1 See References in Text note below.
2 So in original. Probably should be "internationally-agreed-upon".
§303. Repealed. Pub. L. 114–323, title VII, §715(a)(1), Dec. 16, 2016, 130 Stat. 1946
Section, act May 7, 1926, ch. 250, §12, as added
§304. Biannual report on overseas capital construction projects
(a) In general
Not later than 180 days after December 27, 2021, and every 180 days thereafter until the date that is 4 years after such date, the Secretary shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives 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.
(c) Initial report
The first report required under subsection (a) shall include an annex regarding all embassy construction projects and major embassy security upgrade projects completed during the 10-year period ending on December 16, 2016, including, for each such project, the following:
(1) The initial cost estimate.
(2) The amount actually expended on the project.
(3) Any additional time required to complete the project beyond the initial timeline.
(4) Any cost overruns incurred by the project.
(
Editorial Notes
Codification
Section was enacted as part of the Department of State Authorities Act, Fiscal Year 2017, and not as part of the Foreign Service Buildings Act, 1926, which comprises this chapter.
Amendments
2021—
Subsec. (a).
Subsec. (b).
"(1) The initial cost estimate.
"(2) The amount expended on the project to date.
"(3) The projected timeline for completing the project.
"(4) Any cost overruns incurred by the project."
2017—Subsec. (a).
Statutory Notes and Related Subsidiaries
Definitions
For definitions of "Secretary" and "appropriate congressional committees" as used in this section, see section 2 of
§305. 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 December 27, 2021, the Department 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 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 December 27, 2021 shall include the growth assumption used pursuant to subsection (c).
(
Editorial Notes
Codification
Section was enacted as part of the Department of State Authorization Act of 2021 and also as part of the National Defense Authorization Act for Fiscal Year 2022, and not as part of the Foreign Service Buildings Act, 1926, which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions
For definitions of "Department" and "Secretary" as used in this section, see section 5002 of
§306. 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 December 27, 2021.
(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 December 27, 2021, 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.
(
Editorial Notes
Codification
Section was enacted as part of the Department of State Authorization Act of 2021 and also as part of the National Defense Authorization Act for Fiscal Year 2022, and not as part of the Foreign Service Buildings Act, 1926, which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions
For definitions of "appropriate congressional committees" and "Department" as used in this section, see section 5002 of
"(1)
"(2)