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22 U.S.C. § 302 — Award of contracts
Federal law — U.S. Code and appendices · legal_authorities
**(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 m
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Source location: Title 22, Chapter 8, § 302; chapter-008-foreign-service-buildings.md
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**(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) 11 See References in Text note below. of title II of the State Department Basic Authorities Act of 1956 ([22 U.S.C. 4302(a)(4)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4302/a/4&num=0&edition=prelim)) may, pursuant to the authority of that title [[22 U.S.C. 4301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4301&num=0&edition=prelim) et seq.], only be awarded to or performed by bidders qualifying under subsection (a) (1) or (2) or by nationals of the country for which the contract is being performed who are granted the right of entry into the United States for that purpose.
**(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 22 So in original. Probably should be “internationally-agreed-upon”. rules in effect on bidding for construction contracts.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds that the operation in the United States of foreign missions and public international organizations and the official missions to such organizations, including the permissible scope of their activities and the location and size of their facilities, is a proper subject for the exercise of Federal jurisdiction.
**(b) Policy** The Congress declares that it is the policy of the United States to support the secure and efficient operation of United States missions abroad, to facilitate the secure and efficient operation in the United States of foreign missions and public international organizations and the official missions to such organizations, and to assist in obtaining appropriate benefits, privileges, and immunities for those missions and organizations and to require their observance of corresponding obligations in accordance with international law.
**(c) Treatment of foreign missions in United States** The treatment to be accorded to a foreign mission in the United States shall be determined by the Secretary after due consideration of the benefits, privileges, and immunities provided to missions of the United States in the country or territory represented by that foreign mission, as well as matters relating to the protection of the interests of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Preference for United States contractors** Notwithstanding [section 302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section302&num=0&edition=prelim), and where adequate competition exists, only United States persons and qualified United States joint venture persons may be awarded—
(1) a diplomatic construction or design project which has an estimated total project value exceeding $25,000,000; and
(2) a diplomatic construction or design project which involves technical security, unless the project involves low-level technology, as determined by the Secretary of State.
**(b) Exception** Subsection (a) shall not apply with respect to any diplomatic construction or design project in a foreign country whose statutes prohibit the use of United States contractors on such projects. The exception contained in this subsection shall only become effective with respect to a foreign country 30 days after the Secretary of State certifies to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate what specific actions he has taken to urge such foreign country to permit the use of United States contractors on such projects, and what actions he shall take with respect to that country as authorized by title II of the State Department Basic Authorities Act of 1956 ([22 U.S.C. 4301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4301&num=0&edition=prelim) et seq.; commonly referred to as the “Foreign Missions Act”).
**(c) Definitions** For the purposes of this section—
(1) the term “adequate competition” means with respect to a construction or design project, the presence of three
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4852
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Federal law — U.S. Code and appendices · legal_authorities
Page 290
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 301
proceeds derived from dispositions, payments, or gifts
under subsec. (a) toward acquisition, construction, or
other purposes authorized by this chapter, as in the
judgment of the Secretary may best serve the Govern-
ment’s interest, for former provision for application of
proceeds of sales toward purchase and construction,
furnishing, and preservation of other properties.
1963—Pub. L. 88–94 struck out ‘‘with the concurrence
of the Foreign Service Buildings Commission,’’ after
‘‘Government,’’ and ‘‘, as in the judgment of the Com-
mission may best serve the Government’s interest’’
after ‘‘Foreign Service building fund’’.
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 sec-
tion 3003 of Pub. L. 104–66, as amended, set out as a note
under section 1113 of Title 31, Money and Finance, and
page 129 of House Document No. 103–7.
§ 301. Lease or rental arrangements of not less
than ten years; approval by Secretary; dele-
gation of authority; information to Congress
(a) Leases
Notwithstanding the provisions of this chapter
or any other Act, no lease or other rental ar-
rangement 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 of-
fices, buildings, grounds, or living quarters for
the use of the Foreign Service abroad, unless
such lease or other rental arrangement is ap-
proved by the Secretary. The Secretary may del-
egate his authority under this section only to
the Deputy Under Sec
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 302
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Federal law — U.S. Code and appendices · legal_authorities
Page 1568
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4301
Editorial Notes
CODIFICATION
‘‘Section 3302(b) of title 31’’ substituted in text for
‘‘Section 3617 of the Revised Statutes of the United
States (U.S.C., title 31, sec. 484)’’, on authority of Pub.
L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first sec-
tion of which enacted Title 31, Money and Finance.
Section was not enacted as part of the Foreign Serv-
ice Act of 1980 which comprises this chapter.
Section was formerly classified to section 814 of this
title, and prior thereto to section 23l of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective July 1, 1931, see section 7 of act Feb.
23, 1931, set out as an Effective Date of 1931 Amendment
note under section 4224 of this title.
CHAPTER 53—AUTHORITIES RELATING TO
THE REGULATION OF FOREIGN MISSIONS
Sec.
4301.
Congressional declaration of findings and pol-
icy.
4302.
Definitions.
4303.
Authorities of Secretary of State.
4304.
Provision of benefits.
4304a.
Enforcement of compliance with liability in-
surance requirements.
4304b.
Crimes committed by diplomats.
4305.
Property of foreign missions.
4306.
Location of foreign missions in the District of
Columbia.
4307.
Preemption.
4308.
General provisions.
4309.
Application to public international organiza-
tions and official missions to such organiza-
tions.
4309a.
United States responsibilities for employees
of the United Nations.
4310.
Privileges and immunities.
4311.
Enforcement.
4312.
Presidential guidelines.
4313.
Severability.
4314.
Extraordinary protective services.
4315.
Use of foreign mission in manner incompat-
ible with its status as foreign mission.
4316.
Application of travel restrictions to per-
sonnel of ce
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For purposes of this chapter—
(1) “benefit” (with respect to a foreign mission) means any acquisition, or authorization for an acquisition, in the United States by or for a foreign mission, including the acquisition of—
(A) real property by purchase, lease, exchange, construction, or otherwise,
(B) public services, including services relating to customs, importation, and utilities, and the processing of applications or requests relating to public services,
(C) supplies, maintenance, and transportation,
(D) locally engaged staff on a temporary or regular basis,
(E) travel and related services,
(F) protective services, and
(G) financial and currency exchange services,
and includes such other benefits as the Secretary may designate;
(2) “chancery” means the principal offices of a foreign mission used for diplomatic or related purposes, and annexes to such offices (including ancillary offices and support facilities), and includes the site and any building on such site which is used for such purposes;
(3) “foreign mission” means any mission to or agency or entity in the United States which is involved in the diplomatic, consular, or other activities of, or which is substantially owned or effectively controlled by—
(A) a foreign government, or
(B) an organization (other than an international organization, as defined in [section 4309(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4309/b&num=0&edition=prelim)) representing a territory or political entity which has been granted diplomatic or other official privileges and immunities under the laws of the United States or which engages in some aspect of the conduct of the international affairs of such territory or political entity,
including a
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4302
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Federal law — U.S. Code and appendices · legal_authorities
Page 1569
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4303
Pub. L. 100–204, title I, § 153(a)–(d), Dec. 22, 1987, 101
Stat. 1353, authorized Secretary of State to obtain full
cooperation of Soviet government, on a reciprocal
basis, in areas of diplomatic and consular finance, ac-
cess to goods, and use of real property and prohibited
Secretary of State from allowing Soviet mission to
United States to occupy any new consulate in United
States until United States mission in Kiev was able to
occupy secure permanent facilities, prior to repeal by
Pub. L. 103–199, title V, § 502(e)(1), Dec. 17, 1993, 107 Stat.
2326. Section 153(d) of Pub. L. 100–204 was also repealed
by Pub. L. 103–236, title I, § 139(15), Apr. 30, 1994, 108
Stat. 398.
§ 4302. Definitions
(a) For purposes of this chapter—
(1) ‘‘benefit’’ (with respect to a foreign mis-
sion) means any acquisition, or authorization
for an acquisition, in the United States by or
for a foreign mission, including the acquisi-
tion of—
(A) real property by purchase, lease, ex-
change, construction, or otherwise,
(B) public services, including services re-
lating to customs, importation, and utili-
ties, and the processing of applications or re-
quests relating to public services,
(C) supplies, maintenance, and transpor-
tation,
(D) locally engaged staff on a temporary or
regular basis,
(E) travel and related services,
(F) protective services, and
(G) financial and currency exchange serv-
ices,
and includes such other benefits as the Sec-
retary may designate;
(2) ‘‘chancery’’ means the principal offices of
a foreign mission used for diplomatic or re-
lated purposes, and annexes to such offices (in-
cluding ancillary offices and support facili-
ties), and includes the site and any building on
such site wh
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4302
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