22 U.S.C. § 306 — Contracting methods in capital construc-

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. Page 293 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 401 Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘appropriate congressional com- mittees’’ and ‘‘Department’’ as used in this section, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title. Pub. L. 117–81, div. E, title LII, § 5214, Dec. 27, 2021, 135 Stat. 2359, provided that: ‘‘In this title [enacting this section and section 305 of this title, amending sections 304 and 4852 of this title, and enacting provisions set out as notes under sections 292, 4802, and 4851 of this title]: ‘‘(1) DESIGN-BUILD.—The term ‘design-build’ means a method of project delivery in which one entity works under a single contract with the Department to provide design and construction services. ‘‘(2) NON-STANDARD DESIGN.—The term ‘non-stand- ard design’ means a design for a new embassy com- pound project or new consulate compound project that does not utilize a standardized design for the structural, spatial, or security requirements of such embassy compound or consulate compound, as the case may be.’’ CHAPTER 9—FOREIGN WARS, WAR MATERIALS, AND NEUTRALITY SUBCHAPTER I—WAR MATERIALS Sec. 401. Illegal exportation of war materials. 402 to 405. Repealed. 406. Interference with foreign trade. 407. Repealed. 408. Use of land and naval forces to prevent expor- tation. 408a. ‘‘United States’’ defined. 409 to 420. Repealed or Omitted. 421. Contracts by Government agencies for de- fense articles, services, etc., for foreign gov- ernments in interests of United States. 422. Retention for United States of defense arti- cles procured for foreign governments. 423. Omitted. SUBCHAPTER II—NEUTRALITY 441. Proclamation of state of war between foreign states. 442, 443. Repealed. 444. American Red Cross vessels. 445. Travel on vessels of belligerent states. 446. Repealed. 447. Financial transactions. 448. Solicitation and collection of funds and con- tributions. 449. American republics. 450. Restrictions on use of American ports. 451. Submarines and armed merchant vessels. 452. Repealed. 453. Regulations. 454. Unlawful use of the American flag by vessel of foreign state. 455. General penalty provision. 456. Definitions. 457. Appropriations. SUBCHAPTER III—PREVENTION OF OFFENSES AGAINST NEUTRALITY 461. Enforcement by courts; employment of land or naval forces. 462. Compelling foreign vessels to depart. 463. Bonds from armed vessels on clearing. 464. Detention by collectors of customs. 465. Detention of vessels. Executive Documents PROCLAMATIONS RESPECTING WAR AND NEUTRALITY See notes preceding section 1 of Title 50, War and Na- tional Defense. SUBCHAPTER I—WAR MATERIALS § 401. Illegal exportation of war materials (a) Seizure and forfeiture of materials and car- riers Whenever an attempt is made to export or ship from or take out of the United States any arms or munitions of war or other articles in violation of law, or whenever it is known or there shall be probable cause to believe that any arms or munitions of war or other articles are intended to be or are being or have been ex- ported or removed from the United States in violation of law, the Secretary of the Treasury, or any person duly authorized for the purpose by the President, may seize and detain such arms or munitions of war or other articles and may seize and detain any vessel, vehicle, or aircraft containing the same or which has been or is being used in exporting or attempting to export such arms or munitions of war or other articles. The Secretary of Commerce may seize and de- tain any commodity (other than arms or muni- tions of war) or technology which is intended to be or is being exported in violation of laws gov- erning such exports and may seize and detain any vessel, vehicle, or aircraft containing the same or which has been used or is being used in exporting or attempting to export such articles. All arms or munitions of war and other articles, vessels, vehicles, and aircraft seized pursuant to this subsection shall be forfeited. (b) Applicability of laws relating to seizure, for- feiture, and condemnation All provisions of law relating to seizure, sum- mary and judicial forfeiture and condemnation for violation of the customs laws, the disposi- tion of the property forfeited or condemned or the proceeds from the sale thereof; the remis- sion or mitigation of such forfeitures; and the compromise of claims and the award of com- pensation to informers in respect of such forfeit- ures shall apply to seizures and forfeitures in- curred, or alleged to have been incurred, under the provisions of this section, insofar as applica- ble and not inconsistent with the provisions hereof. However, with respect to seizures and forfeitures of property under this section by the Secretary of Commerce, such duties as are im- posed upon the customs officer or any other per- son with respect to the seizure and forfeiture of property under the customs law may be per- formed by such officers as are designated by the Secretary of Commerce or, upon the request of the Secretary of Commerce, by any other agen- cy that has authority to manage and dispose of seized property. Awards of compensation to in- formers under this section may be paid only out of funds specifically appropriated therefor. (c) Disposition of forfeited materials Arms and munitions of war forfeited under subsection (b) of this section shall be delivered to the Secretary of Defense for such use or dis- position as he may deem in the public interest, or, in the event that the Secretary of Defense refuses to accept such arms and munitions of war, they shall be sold or otherwise disposed of as prescribed under existing law in the case of forfeitures for violation of the customs laws.