22 U.S.C. § 291 — Lease of buildings, etc., for offices, living

Page 282 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 291 Sec. 302. Award of contracts. 303. Repealed. 304. Biannual report on overseas capital construc- tion projects. 305. Growth projections for new embassies and consulates. 306. Contracting methods in capital construction. Statutory Notes and Related Subsidiaries OVERSEAS BUILDINGS DUE DILIGENCE Pub. L. 118–159, div. G, title LXXII, § 7207, Dec. 23, 2024, 138 Stat. 2531, provided that: ‘‘(a) IN GENERAL.—The Secretary [of State] shall take such steps as may be necessary to avoid or minimize purchasing or leasing for 180 days or longer a covered building to be used by United States Government per- sonnel carrying out their official duties— ‘‘(1) in which a covered entity is known through reasonable due diligence to have performed covered construction; ‘‘(2) in which due diligence has indicated a covered entity has an ownership interest; or ‘‘(3) where a covered entity is expected to perform covered construction. ‘‘(b) NOTIFICATION.— ‘‘(1) IN GENERAL.—If, after the date of the enact- ment of this Act [Dec. 23, 2024], the Secretary deter- mines it is in the national security interest of the United States to acquire or lease a covered building, or enter into or renew a contract with a covered enti- ty to perform covered construction with a covered building, then the Secretary shall notify the appro- priate congressional committees [Committee on For- eign Relations of the Senate and Committee on For- eign Affairs of the House of Representatives] and the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Rep- resentatives— ‘‘(A) not later than 7 days before entering into an acquisition, lease, or agreement with a covered building or covered entity doing covered construc- tion; and ‘‘(B) not later than 21 days after becoming aware of an existing lease or agreement occurring with a covered building or covered entity doing covered construction. ‘‘(2) DETERMINATION OF NATIONAL SECURITY INTER- EST.—The notification required under paragraph (1) shall also include, to the extent applicable— ‘‘(A) a determination of whether the inconsistent acquisition, lease, or agreement is in the national security interest of the United States; ‘‘(B) an identification of the interest advanced by such inconsistent action; ‘‘(C) a detailed explanation for such determina- tion; and ‘‘(D) any action the Secretary has taken or in- tends to take to mitigate national security vulnerabilities that may be posed by such incon- sistent action. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) COVERED BUILDING.—The term ‘covered build- ing’ means a building that is used or intended to be used by personnel of a consular or diplomatic post lo- cated outside of the United States for carrying out their official duties. ‘‘(2) COVERED CONSTRUCTION.—The term ‘covered construction’— ‘‘(A) means any construction, development, con- version, extension, alteration, repair, or mainte- nance performed with respect to a building; and ‘‘(B) includes the installation or maintenance of electrical, plumbing, heating, ventilation, air con- ditioning, communication, fire protection, and en- ergy management systems with respect to such building. ‘‘(3) COVERED ENTITY.—The term ‘covered entity’ means an entity with respect to which the Govern- ment of the People’s Republic of China, the Govern- ment of the Russian Federation, or an agent or in- strumentality of the Government of the People’s Re- public of China or the Government of the Russian Federation, directly or indirectly, including through any contract, arrangement, understanding, or rela- tionship— ‘‘(A) owns or controls a significant percent of the ownership interest; or ‘‘(B) otherwise exercises substantial control.’’ § 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 sec- tion 5536 of title 5; and appropriations for ‘‘Con- tingent expenses, foreign missions,’’ and ‘‘Con- tingent expenses, consulates,’’ are made avail- able for such purposes. (Apr. 18, 1930, ch. 184, title I, 46 Stat. 177.) Editorial Notes CODIFICATION Section was not enacted as part of the Foreign Serv- ice Buildings Act, 1926, which comprises this chapter. ‘‘Section 5536 of title 5’’ substituted in text for ‘‘sec- tion 1765 of the Revised Statutes (U.S.C., title 5, sec. 70; U.S.C., Supp. III, title 5, sec. 70)’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first sec- tion of which enacted Title 5, Government Organization and Employees. § 292. Acquisition of sites and buildings for diplo- matic 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 ac- quire by purchase or construction in the manner hereinafter provided, within the limits of appro- priations made to carry out this chapter, by ex- change, in whole or in part, of any building or grounds of the United States in foreign coun- tries 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 establish- ments of the United States, or for the purpose of consolidating within one or more buildings, the embassies, legation, consulates, and other agen- cies 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 Govern- ment. (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 appropria-