22 U.S.C. § 305 — Growth projections for new embassies and

Page 292 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 305 for ‘‘Annual report on embassy construction costs’’ in section catchline. Subsec. (a). Pub. L. 117–81, § 5203(a)(2), added subsec. (a) and struck out former subsec. (a). Prior to amend- ment, text read as follows: ‘‘Not later than 180 days after December 16, 2016, and annually thereafter, the Secretary shall submit to the appropriate congres- sional committees and the Committees on Appropria- tions of the Senate and the House of Representatives a comprehensive report regarding all ongoing embassy construction projects and major embassy security up- grade projects.’’ Subsec. (b). Pub. L. 117–81, § 5203(a)(2), added subsec. (b) and struck out former subsec. (b). Prior to amend- ment, text read as follows: ‘‘Each report required under subsection (a) shall include the following with respect to each ongoing embassy construction projects and major embassy security upgrade projects: ‘‘(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). Pub. L. 115–94 inserted ‘‘and the Committees on Appropriations of the Senate and the House of Representatives’’ after ‘‘appropriate congres- sional committees’’. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Secretary’’ and ‘‘appropriate con- gressional committees’’ as used in this section, see sec- tion 2 of Pub. L. 114–323, set out as a note under section 2651 of this title. § 305. Growth projections for new embassies and consulates (a) In general For each new United States embassy com- pound (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 fa- cility using all available and relevant data, in- cluding the following: (1) Relevant historical trends for Depart- ment 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 applica- ble. (3) Reasonable assumptions about the stra- tegic 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 agen- cy over the estimated life of each embassy or consulate, as the case may be. (c) Basis for estimates The Department shall base its growth assump- tion for all NECs and NCCs on the estimates re- quired under subsections (a) and (b). (d) Congressional notification Any congressional notification of site selec- tion for a NEC or NCC submitted after December 27, 2021 shall include the growth assumption used pursuant to subsection (c). (Pub. L. 117–81, div. E, title LII, § 5205, Dec. 27, 2021, 135 Stat. 2355.) 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 Pub. L. 117–81, set out as a note under section 263c of this title. § 306. Contracting methods in capital construc- tion (a) Delivery Unless the Secretary of State notifies the ap- propriate 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 diplo- matic 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 sub- section may be included in any other report re- garding a new United States diplomatic post that is required to be submitted to the appro- priate 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 Depart- ment. (Pub. L. 117–81, div. E, title LII, § 5211, Dec. 27, 2021, 135 Stat. 2358.) 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.