22 U.S.C. § 292 — Acquisition of sites and buildings for diplo-

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 Repealed. 304.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- Page 283 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 292 tions made to carry out this chapter may be credited toward the acquisition of property under this chapter without regard to limitations of amounts imposed by this chapter. (c) Authorization for improvements and con- struction The Secretary of State may improve or con- struct facilities overseas for other Federal de- partments and agencies on an advance-of-funds or reimbursable basis if such advances or reim- bursements are credited to the Embassy Secu- rity, Construction, and Maintenance account and remain available until expended. (May 7, 1926, ch. 250, § 1, 44 Stat. 403; May 29, 1928, ch. 876, § 1, 45 Stat. 971; Pub. L. 88–94, § 2(b), Aug. 12, 1963, 77 Stat. 122; Pub. L. 89–636, § 2, Oct. 10, 1966, 80 Stat. 881; Pub. L. 95–105, title I, § 106(a), Aug. 17, 1977, 91 Stat. 845; Pub. L. 114–323, title I, § 119, Dec. 16, 2016, 130 Stat. 1912.) Editorial Notes AMENDMENTS 2016—Subsec. (c). Pub. L. 114–323 added subsec. (c). 1977—Subsec. (a). Pub. L. 95–105, § 106(a)(1), sub- stituted ‘‘to carry out’’ for ‘‘pursuant to’’. Subsec. (b). Pub. L. 95–105, § 106(a)(2), substituted ‘‘to carry out’’ for ‘‘under authority of’’. 1966—Pub. L. 89–636 designated existing provisions as subsec. (a) and added subsec. (b). 1963—Pub. L. 88–94 struck out ‘‘, subject to the direc- tion of the commission hereinafter established,’’ after ‘‘is empowered’’, ‘‘under such terms and conditions as in the judgment of the commission may best protect the interests of the United States,’’ after ‘‘in part,’’ and ‘‘, to the extent deemed advisable by the commission,’’ after ‘‘consolidating’’ and substituted ‘‘. The space in such buildings shall be allotted by the Secretary of State’’ for ‘‘, which buildings shall be appropriately designated by the commission, and the space in which shall be allotted by the Secretary of State under the di- rection of the commission.’’ 1928—Act May 29, 1928, inserted ‘‘or by exchange, in whole or in part, under such terms and conditions as in the judgment of the commission may best protect the interest of the United States, of any building or grounds of the United States in foreign countries and under the jurisdiction and control of the Secretary of State’’. Statutory Notes and Related Subsidiaries STANDARD DESIGN IN CAPITAL CONSTRUCTION Pub. L. 117–81, div. E, title LII, § 5202, Dec. 27, 2021, 135 Stat. 2353, provided that: ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that the Department’s Bureau of Overseas Building Op- erations (OBO) or successor office should give appro- priate consideration to standardization in construc- tion, in which each new United States embassy and consulate starts with a standard design and keeps customization to a minimum. ‘‘(b) CONSULTATION.—The Secretary shall carry out any new United States embassy compound or new con- sulate compound project that utilizes a non-standard design, including those projects that are in the design or pre-design phase as of the date of the enactment of this Act [Dec. 27, 2021], only in consultation with the appropriate congressional committees and the Commit- tees on Appropriations of the Senate and the House of Representatives. The Secretary shall provide the ap- propriate congressional committees and the Commit- tees on Appropriations of the Senate and the House of Representatives, for each such project, the following documentation: ‘‘(1) A comparison of the estimated full lifecycle costs of the project to the estimated full lifecycle costs of such project if it were to use a standard de- sign. ‘‘(2) A comparison of the estimated completion date of such project to the estimated completion date of such project if it were to use a standard design. ‘‘(3) A comparison of the security of the completed project to the security of such completed project if it were to use a standard design. ‘‘(4) A justification for the Secretary’s selection of a non-standard design over a standard design for such project. ‘‘(5) A written explanation if any of the documenta- tion necessary to support the comparisons and jus- tification, as the case may be, described in para- graphs (1) through (4) cannot be provided. ‘‘(c) SUNSET.—The consultation requirement under subsection (b) shall expire on the date that is 4 years after the date of the enactment of this Act.’’ [For definitions of ‘‘Department’’, ‘‘Secretary’’, and ‘‘appropriate congressional committees’’ as used in sec- tion 5202 of Pub. L. 117–81, set out above, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.] [For definition of ‘‘non-standard design’’ as used in section 5202 of Pub. L. 117–81, set out above, see section 5214 of Pub. L. 117–81, set out as a note under section 306 of this title.] VALUE ENGINEERING AND RISK ASSESSMENT Pub. L. 117–81, div. E, title LII, § 5207, Dec. 27, 2021, 135 Stat. 2357, provided that: ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(1) Federal departments and agencies are required to use value engineering (VE) as a management tool, where appropriate, to reduce program and acquisition costs pursuant to OMB Circular A–131, Value Engi- neering, dated December 31, 2013. ‘‘(2) OBO has a Policy Directive and Standard Oper- ation Procedure, dated May 24, 2017, on conducting risk management studies on all international con- struction projects. ‘‘(b) NOTIFICATION REQUIREMENTS.— ‘‘(1) SUBMISSION TO AUTHORIZING COMMITTEES.—Any notification that includes the allocation of capital construction and maintenance funds shall be sub- mitted to the appropriate congressional committees. ‘‘(2) REQUIREMENT TO CONFIRM COMPLETION OF VALUE ENGINEERING AND RISK ASSESSMENT STUDIES.—The no- tifications required under paragraph (1) shall include confirmation that the Department has completed the requisite VE and risk management process described in subsection (a), or applicable successor process. ‘‘(c) REPORTING AND BRIEFING REQUIREMENTS.—The Secretary shall provide to the appropriate congres- sional committees upon request— ‘‘(1) a description of each risk management study referred to in subsection (a)(2) and a table detailing which recommendations related to each such study were accepted and which were rejected; and ‘‘(2) a report or briefing detailing the rationale for not implementing any such recommendations that may otherwise yield significant cost savings to the Department if implemented.’’ [For definitions of ‘‘Department’’, ‘‘Secretary’’, and ‘‘appropriate congressional committees’’ as used in sec- tion 5207 of Pub. L. 117–81, set out above, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.] STATEMENT OF POLICY Pub. L. 117–81, div. E, title LII, § 5213, Dec. 27, 2021, 135 Stat. 2358, provided that: ‘‘It is the policy of the United States that the Bureau of Overseas Building Operations of the Department or its successor office shall continue to balance functionality and security with accessi- bility, as defined by guidelines established by the Page 284 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 292a 1 See References in Text note below. United States Access Board in constructing embassies and consulates, and shall ensure compliance with the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) to the fullest extent possible.’’ [For definition of ‘‘Department’’ as used in section 5213 of Pub. L. 117–81, set out above, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.] PROPERTY AGREEMENTS Pub. L. 103–236, title I, § 134, Apr. 30, 1994, 108 Stat. 396, as amended by Pub. L. 103–415, § 1(z), Oct. 25, 1994, 108 Stat. 4302, provided that: ‘‘Whenever the Department of State enters into lease-purchase agreements involving property in foreign countries pursuant to section 1 of the Foreign Service Buildings Act, 1926 (22 U.S.C. 292), the Department shall account for such transactions in accordance with fiscal year obligations.’’ § 292a. Demonstration of solar and other renew- able energy technologies in foreign countries (a) Use of renewable energy systems in United States buildings in foreign countries It is the purpose of this section to provide for the demonstration of solar energy and other re- newable energy technologies in foreign coun- tries through the use of such energy in buildings acquired under subsection (a) of section 292 of this title, in order that— (1) countries in which such buildings are lo- cated may be given visible incentives to de- velop and use local solar energy or other re- newable energy resources to reduce depend- ence upon petroleum and petroleum products; (2) markets may be developed for American solar energy systems and components in order to stimulate investment in such systems and components and to reduce the costs of such systems and components to reasonable levels; (3) in furtherance of the purpose of section 2151q 1 of this title, cooperation may be devel- oped between the United States and other countries in an effort to develop solar energy or other renewable energy systems within a short period of time; and (4) equipment which is vital to the operation of sensitive systems within United States mis- sions abroad may be made more reliable and less dependent upon interruptible local energy supplies. (b) Implementation of renewable energy projects by Secretary (1) The Secretary of State shall implement projects for the application of solar energy or other forms of renewable energy in buildings ac- quired under subsection (a) section 292 of this title. (2) The Secretary of State shall select projects under paragraph (1) in consultation with the Secretary of Energy. Such projects shall apply available solar energy and other renewable en- ergy technologies, including those for— (A) the heating and cooling of buildings; (B) solar thermal electric systems; (C) solar photovoltaic conversion systems; (D) wind energy systems; and (E) systems for developing fuels from bio- mass. The Secretary of Energy shall inform the Sec- retary of State of all such technologies which are feasible for such projects, taking into ac- count the resources and environmental condi- tions of the countries in which such projects are to be implemented. Upon the request of the Sec- retary of State, the Secretary of Energy shall provide to the Secretary of State any technical information or other technical assistance which the Secretary of State considers necessary with respect to any such project. Any project selected under this section should be similar to projects which have been demonstrated by the Depart- ment of Energy (or any of its predecessor agen- cies) to be reliable, maintainable, and tech- nically feasible. (3) Any project selected under this section shall be adaptable to the local resources, cli- matic conditions, and economic circumstances of the country in which such project is imple- mented in order that such country will be more likely to implement similar projects. (4) The Secretary of State shall insure that any project selected under this section is dem- onstrated to, and available for inspection by, of- ficials and other citizens of the country in which such project is implemented. (5) In selecting projects under this section, the Secretary of State shall give priority to projects to be implemented in developing countries. (c) Planning for use of renewable energy systems in construction of new buildings Whenever any building is constructed under the authority contained in section 292 of this title, the Secretary of State shall insure that the planning for such construction takes into account those renewable energy systems which are available in the country in which the build- ing is to be constructed. (d) Availability of sums previously authorized to be appropriated In addition to amounts otherwise available for such purposes, $4,000,000 of the amount author- ized to be appropriated by section 101(a)(1) of this Act shall be available only to carry out the purposes of this section. (Pub. L. 95–426, title I, § 105, Oct. 7, 1978, 92 Stat. 965.) Editorial Notes REFERENCES IN TEXT Section 2151q of this title, referred to in subsec. (a)(3), was repealed by Pub. L. 96–533, title III, § 304(g), Dec. 16, 1980, 94 Stat. 3147. See section 2151d(a)(2), (b)(2), (c) of this title. Section 101(a)(1) of this Act, referred to in subsec. (d), means section 101(a)(1) of Pub. L. 95–426, which is not classified to the Code. CODIFICATION Section was not enacted as part of the Foreign Serv- ice Buildings Act, 1926, which comprises this chapter. Statutory Notes and Related Subsidiaries RESTRICTIONS ON THE USE OF FUNDS FOR SOLAR PANELS Pub. L. 118–159, div. G, title LXXII, § 7208, Dec. 23, 2024, 138 Stat. 2532, provided that: ‘‘The Department [of State] may not use Federal funds to procure any solar energy products that were manufactured in the Xinjiang Uyghur Autonomous Region of the People’s