22 U.S.C. § 300 — Dispositions of property; damage pay-

Page 289 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 300 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. (Pub. L. 102–138, title I, § 125, Oct. 28, 1991, 105 Stat. 659.) 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 section 2651a of this title and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of this title. § 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, 44 Stat. 405; June 19, 1952, ch. 446, § 4, 66 Stat. 140; Pub. L. 95–105, title I, § 106(b), Aug. 17, 1977, 91 Stat. 845.) Editorial Notes AMENDMENTS 1977—Pub. L. 95–105 struck out ‘‘of not less than ten years’’ after ‘‘acquire leaseholds’’. 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 Appro- priation Act, 1953, act July 10, 1952, ch. 651, title I, 66 Stat. 550, and was not repeated in subsequent appro- priation acts. Similar provisions were contained in the following prior appropriation acts: 1951—Oct. 22, 1951, ch. 533, title I, 65 Stat. 577. 1950—Sept. 6, 1950, ch. 896, ch. III, title I, 64 Stat. 610. 1949—July 20, 1949, ch. 354, title I, 63 Stat. 449. § 298. Omitted Editorial Notes CODIFICATION Section, act May 7, 1926, ch. 250, § 7, 44 Stat. 405, re- pealed act Feb. 17, 1911, ch. 105, 36 Stat. 917, incor- porated as section 133 of this title, with a provision that the repeal ‘‘shall not invalidate appropriations al- ready made under the authority of such Act.’’ § 299. Short title This chapter may be cited as the ‘‘Foreign Service Buildings Act, 1926.’’ (May 7, 1926, ch. 250, § 8, 44 Stat. 405.) § 300. Dispositions of property; damage pay- ments; 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 pur- suant to section 4304(b)(5) of this title, (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 con- tents 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, notwith- standing the provisions of any other law, be ap- plied 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 Sec- retary shall report all such transactions annu- ally 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 estab- lishments in foreign countries shall be deposited into the Foreign Service Building Fund to be available for obligation or expenditure as di- rected by the Secretary. (May 7, 1926, ch. 250, § 9, as added Apr. 19, 1945, ch. 78, 59 Stat. 53; amended Pub. L. 88–94, § 2(e), Aug. 12, 1963, 77 Stat. 122; Pub. L. 89–636, § 3, Oct. 10, 1966, 80 Stat. 882; Pub. L. 99–399, title IV, § 401(h)(2), Aug. 27, 1986, 100 Stat. 863; Pub. L. 101–246, title I, § 116(c), Feb. 16, 1990, 104 Stat. 25.) Editorial Notes AMENDMENTS 1990—Subsec. (a)(1). Pub. L. 101–246 inserted before comma at end ‘‘or in the United States pursuant to sec- tion 4304(b)(5) of this title’’. 1986—Subsec. (c). Pub. L. 99–399 added subsec. (c). 1966—Subsec. (a). Pub. L. 89–636 substituted provi- sions designated as subsec. (a) and authorizing the Sec- retary to sell, exchange, lease, or license any property or property interest acquired under this chapter, to re- ceive payment in whatever form, or in kind, for damage to or destruction of buildings or their contents, and to accept gifts of property or services for former provi- sions which authorized the Secretary, when he found it to be in the Government’s interest, to sell buildings and grounds acquired for use of diplomatic and con- sular establishments in foreign countries. Subsec. (b). Pub. L. 89–636 substituted provisions des- ignated as subsec. (b) and providing for application of 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 Secretary of State for Admin- istration or to the Director of the Office of For- eign Buildings. The Secretary shall keep the Congress fully and currently informed with re- spect to leases or other rental arrangements ap- proved 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 inter- est of the United States Government in carrying out the purposes of this chapter. (May 7, 1926, ch. 250, § 10, as added Pub. L. 89–636, § 4, Oct. 10, 1966, 80 Stat. 882; amended Pub. L. 102–138, title I, § 115(a), (b), Oct. 28, 1991, 105 Stat. 655; Pub. L. 117–263, div. I, title XCVII, § 9709, Dec. 23, 2022, 136 Stat. 3919.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–263 substituted ‘‘$100,000’’ for ‘‘$50,000’’. 1991—Pub. L. 102–138 designated existing provisions as subsec. (a), inserted heading, substituted ‘‘$50,000’’ for ‘‘$25,000,’’, and added subsec. (b). 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 section 2651a of this title and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of this title. § 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 Sec- retary of State, including lease-back or other agreements, the purpose of which is to obtain the construction, alteration, or repair of build- ings and grounds abroad, when estimated to ex- ceed $5,000,000, including any contract alter- natives or options, shall be limited, after a de- termination 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 partici- pation 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 rela- tions 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 con- tract 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 competi- tion 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 bid- ders 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 sub- section (a)(1) shall require evidence of (A) per- formance 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 es- tablished on the basis of determinations at the time bids are requested.