Legislación


US (United States) Code. Title 22. Chapter 8: Foreign Service Buildings


-CITE-

22 USC CHAPTER 8 - FOREIGN SERVICE BUILDINGS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 8 - FOREIGN SERVICE BUILDINGS

-HEAD-

CHAPTER 8 - FOREIGN SERVICE BUILDINGS

-MISC1-

Sec.

291. Lease of buildings, etc., for offices, living

quarters, heat, light, and equipment.

292. Acquisition of sites and buildings for diplomatic and

consular establishments; allotment of space; credit

of payments without regard to limitations of amounts.

(a) Authority of Secretary of State.

(b) Payments from other than appropriated funds for

acquisition of property.

292a. Demonstration of solar and other renewable energy

technologies in foreign countries.

(a) Use of renewable energy systems in United

States buildings in foreign countries.

(b) Implementation of renewable energy projects by

Secretary.

(c) Planning for use of renewable energy systems in

construction of new buildings.

(d) Availability of sums previously authorized to

be appropriated.

293. Repealed.

294. Manner of use of buildings; contracts for

construction, etc.

294a. Contracts requiring payment in foreign currency.

295. Authorization of appropriations; Foreign Service

Building Fund; expenditures; foreign currencies.

295a, 295b. Omitted.

296. Duties of Secretary of State with respect to

commission and properties.

296a. Maintenance management of overseas property.

297. Acquisition of property by lease.

297a, 298. Omitted.

299. Short title.

300. Dispositions of property; damage payments; acceptance

of gifts or services.

(a) Authority of Secretary of State.

(b) Disposition of proceeds; report to Congress.

(c) Proceeds from sale of furniture, furnishings,

and equipment.

301. Lease or rental arrangements of not less than ten

years; approval by Secretary; delegation of

authority; information to Congress.

(a) Leases.

(b) Advance payments for long-term leases and lease

purchase.

302. Award of contracts.

(a) Eligibility limitation for construction, etc.,

abroad.

(b) Foreign laws and regulations; competitive

status and adequacy; bidder qualifications.

(c) Contracts for construction, etc., in United

States.

(d) Discretionary determinations by Secretary of

State.

(e) Termination of requirements.

303. Annual report on overseas surplus properties.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2701, 2703, 4304 of this

title; title 7 section 1765d; title 40 sections 113, 701.

-End-

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22 USC Sec. 291 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 8 - FOREIGN SERVICE BUILDINGS

-HEAD-

Sec. 291. Lease of buildings, etc., for offices, living quarters,

heat, light, and equipment

-STATUTE-

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 section 5536 of title

5; and appropriations for "Contingent expenses, foreign missions,"

and "Contingent expenses, consulates," are made available for such

purposes.

-SOURCE-

(Apr. 18, 1930, ch. 184, title I, 46 Stat. 177.)

-COD-

CODIFICATION

Section was not enacted as part of the Foreign Service Buildings

Act, 1926, which comprises this chapter.

"Section 5536 of title 5" substituted in text for "section 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, Sec. 7(b),

Sept. 6, 1966, 80 Stat. 631, the first section of which enacted

Title 5, Government Organization and Employees.

-End-

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22 USC Sec. 292 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 8 - FOREIGN SERVICE BUILDINGS

-HEAD-

Sec. 292. Acquisition of sites and buildings for diplomatic and

consular establishments; allotment of space; credit of payments

without regard to limitations of amounts

-STATUTE-

(a) Authority of Secretary of State

The Secretary of State is empowered to acquire by purchase or

construction in the manner hereinafter provided, within the limits

of appropriations made to carry out this chapter, by exchange, in

whole or in part, of any building or grounds of the United States

in foreign countries 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 establishments

of the United States, or for the purpose of consolidating within

one or more buildings, the embassies, legation, consulates, and

other agencies 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 Government.

(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 appropriations 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.

-SOURCE-

(May 7, 1926, ch. 250, Sec. 1, 44 Stat. 403; May 29, 1928, ch. 876,

Sec. 1, 45 Stat. 971; Pub. L. 88-94, Sec. 2(b), Aug. 12, 1963, 77

Stat. 122; Pub. L. 89-636, Sec. 2, Oct. 10, 1966, 80 Stat. 881;

Pub. L. 95-105, title I, Sec. 106(a), Aug. 17, 1977, 91 Stat. 845.)

-MISC1-

AMENDMENTS

1977 - Subsec. (a). Pub. L. 95-105, Sec. 106(a)(1), substituted

"to carry out" for "pursuant to".

Subsec. (b). Pub. L. 95-105, Sec. 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 direction 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 direction 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".

PROPERTY AGREEMENTS

Pub. L. 103-236, title I, Sec. 134, Apr. 30, 1994, 108 Stat. 396,

as amended by Pub. L. 103-415, Sec. 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 292a of this title.

-End-

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22 USC Sec. 292a 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 8 - FOREIGN SERVICE BUILDINGS

-HEAD-

Sec. 292a. Demonstration of solar and other renewable energy

technologies in foreign countries

-STATUTE-

(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 renewable energy

technologies in foreign countries 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 located may be given

visible incentives to develop and use local solar energy or other

renewable energy resources to reduce dependence 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 developed 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 missions 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 acquired 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 energy

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 biomass.

The Secretary of Energy shall inform the Secretary of State of all

such technologies which are feasible for such projects, taking into

account the resources and environmental conditions of the countries

in which such projects are to be implemented. Upon the request of

the Secretary 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 Department of Energy (or any of its predecessor agencies) to

be reliable, maintainable, and technically feasible.

(3) Any project selected under this section shall be adaptable to

the local resources, climatic conditions, and economic

circumstances of the country in which such project is implemented

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 demonstrated to, and available for inspection

by, officials 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 building 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 authorized to be appropriated by section

101(a)(1) of this Act shall be available only to carry out the

purposes of this section.

-SOURCE-

(Pub. L. 95-426, title I, Sec. 105, Oct. 7, 1978, 92 Stat. 965.)

-REFTEXT-

REFERENCES IN TEXT

Section 2151q of this title, referred to in subsec. (a)(3), was

repealed by Pub. L. 96-533, title III, Sec. 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.

-COD-

CODIFICATION

Section was not enacted as part of the Foreign Service Buildings

Act, 1926, which comprises this chapter.

-FOOTNOTE-

(!1) See References in Text note below.

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22 USC Sec. 293 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 8 - FOREIGN SERVICE BUILDINGS

-HEAD-

Sec. 293. Repealed. Pub. L. 88-94, Sec. 2(a), Aug. 12, 1963, 77

Stat. 122

-MISC1-

Section, acts May 7, 1926, ch. 250, Sec. 2, 44 Stat. 404; May 29,

1928, ch. 876, Sec. 2, 45 Stat. 971; June 19, 1952, ch. 446, Sec.

1, 66 Stat. 140, established the Foreign Service Buildings

Commission, prescribed its duties, abolished the prior commission,

authorized the issuance of rules and regulations, required annual

reports to Congress and provided for appointment of personnel.

FOREIGN SERVICE BUILDINGS COMMISSION; REFERENCES IN OTHER LAWS

Section 2(g) of Pub. L. 88-94 provided that: "All references to

the Foreign Service Buildings Commission, originally established by

the Foreign Service Buildings Act, 1926 [this chapter] in all laws

of the United States are hereby repealed."

-End-

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22 USC Sec. 294 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 8 - FOREIGN SERVICE BUILDINGS

-HEAD-

Sec. 294. Manner of use of buildings; contracts for construction,

etc.

-STATUTE-

Buildings and grounds acquired under this chapter or prior to May

7, 1926, acquired or authorized for the use of the diplomatic and

consular establishments in foreign countries may be used, in the

case of buildings and grounds for the diplomatic establishment, as

Government offices or residences or as such offices and residences;

or, in the case of other buildings and grounds, as such offices or

such offices and residences. The contracts for purchases of

buildings, for leases, and for all work of construction,

alteration, and repair under this chapter are authorized to be

negotiated, the terms of the contracts to be prescribed, and the

work to be performed, where necessary, without regard to such

statutory provisions as relate to the negotiation, making, and

performance of contracts and performance of work in the United

States and without regard to section 3324(a) and (b) of title 31.

-SOURCE-

(May 7, 1926, ch. 250, Sec. 3, 44 Stat. 404; Pub. L. 88-94, Sec.

2(c), Aug. 12, 1963, 77 Stat. 122; Pub. L. 102-138, title I, Sec.

115(c), Oct. 28, 1991, 105 Stat. 656.)

-COD-

CODIFICATION

"Section 3324(a) and (b) of title 31" substituted in text for

"section 3648 of the Revised Statutes of the United States (31

U.S.C. 529)" on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13,

1982, 96 Stat. 1067, the first section of which enacted Title 31,

Money and Finance.

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-138 inserted "purchases of buildings, for

leases, and for" after "contracts for".

1963 - Pub. L. 88-94 struck out ", subject to the direction of

the commission," before "be used" and "in the judgment of the

commission," after "where necessary," and inserted "and without

regard to section 529 of title 31".

-End-

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22 USC Sec. 294a 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 8 - FOREIGN SERVICE BUILDINGS

-HEAD-

Sec. 294a. Contracts requiring payment in foreign currency

-STATUTE-

Whenever a contract is made for the construction, alteration, or

repair of a Foreign Service building which requires payments in a

foreign currency, the Secretary of State is authorized to purchase

such currency at such times and in such amounts (within the total

amount of the payments to be made under such contract) as he may

deem necessary, the currency so purchased to be disbursed and

accounted for at its cost price.

-SOURCE-

(May 14, 1940, ch. 189, title I, 54 Stat. 186.)

-COD-

CODIFICATION

Section was not enacted as a part of the Foreign Service

Buildings Act, 1926, which comprises this chapter.

-MISC1-

PRIOR PROVISIONS

Prior similar provisions were contained in act June 29, 1939, ch.

248, title I, 53 Stat. 890.

-End-

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22 USC Sec. 295 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 8 - FOREIGN SERVICE BUILDINGS

-HEAD-

Sec. 295. Authorization of appropriations; Foreign Service Building

Fund; expenditures; foreign currencies

-STATUTE-

(a) For the purpose of carrying into effect the provisions of

this chapter there is authorized to be appropriated an amount not

exceeding $10,000,000, and the appropriations made pursuant to this

authorization shall constitute a fund to be known as the Foreign

Service Building Fund, to remain available until expended. Under

this authorization not more than $2,000,000 shall be appropriated

for any one year, but within the total authorization provided in

this chapter the Secretary of State may enter into contracts for

the acquisition of the buildings and grounds authorized by this

chapter. In the case of the buildings and grounds authorized by

this chapter, after the initial alterations, repairs, and

furnishing have been completed, subsequent expenditures for such

purposes may be made out of the appropriations authorized by this

chapter in amounts authorized by the Congress each fiscal year.

(b) For the purpose of carrying into effect the provisions of

this chapter there is authorized to be appropriated, in addition to

amounts previously authorized, an amount not to exceed $90,000,000,

which shall be available exclusively for payments representing the

value, in whole or in part, of property or credits in accordance

with the provisions of section 295b (!1) of this title. Sums

appropriated pursuant to this authorization shall remain available

until expended.

(c) For the purpose of carrying into effect the provisions of

this chapter there is hereby authorized to be appropriated, in

addition to amounts previously authorized, an amount not to exceed

$10,000,000, which shall remain available until expended.

(d) In addition to amounts authorized before the date of

enactment of this section, there is hereby authorized to be

appropriated to the Secretary of State -

(1) for acquisition, by purchase or construction (including

acquisition of leaseholds) of sites and buildings in foreign

countries under this chapter, and for major alterations of

buildings acquired under this chapter, the following sums -

(A) for use in Africa, not to exceed $7,140,000 of which not

to exceed $3,270,000 may be appropriated for the fiscal year

1964;

(B) for use in the American Republics, not to exceed

$5,360,000, of which not to exceed $4,030,000 may be

appropriated for the fiscal year 1964;

(C) for use in Europe, not to exceed $6,839,000, of which not

to exceed $1,820,000 may be appropriated for the fiscal year

1964;

(D) for use in the Far East, not to exceed $2,350,000, of

which not to exceed $2,200,000 may be appropriated for the

fiscal year 1964;

(E) for use in the Near East, not to exceed $2,710,000, of

which not to exceed $2,100,000 may be appropriated for the

fiscal year 1964;

(F) for facilities for the United States Information Agency,

not to exceed $1,125,000, of which not to exceed $720,000 may

be appropriated for the fiscal year 1964, and

(G) for facilities for agricultural and defense attache&233;

housing, not to exceed $800,000, of which not to exceed

$400,000 may be appropriated for the fiscal year 1964;

(2) for use to carry out the other purposes of this chapter,

not to exceed $11,500,000 for the fiscal year 1964, $12,000,000

for the fiscal year 1965, $12,200,000 for the fiscal year 1966,

$12,400,000 for the fiscal year 1967.

(e) For the purpose of carrying into effect the provisions of

this chapter in South Vietnam, there is hereby authorized to be

appropriated, in addition to amounts previously authorized prior to

May 21, 1965, $2,600,000, to remain available until expended.

(f) In addition to amounts authorized before October 10, 1966,

there is hereby authorized to be appropriated to the Secretary of

State -

(1) for acquisition by purchase or construction (including

acquisition of leaseholds) of sites and buildings in foreign

countries under this chapter, and for major alterations of

buildings acquired under this chapter, the following sums -

(A) for use in Africa, not to exceed $5,485,000, of which not

to exceed $1,885,000 may be appropriated for the fiscal year

1967;

(B) for use in the American Republics, not to exceed

$7,920,000, of which not to exceed $3,585,000 may be

appropriated for the fiscal year 1967;

(C) for use in Europe, not to exceed $3,310,000, of which not

to exceed $785,000 may be appropriated for the fiscal year

1967;

(D) for use in the Far East, not to exceed $3,150,000, of

which not to exceed $560,000 may be appropriated for the fiscal

year 1967;

(E) for use in the Near East, not to exceed $6,930,000, of

which not to exceed $1,890,000 may be appropriated for the

fiscal year 1967;

(F) for facilities for the United States Information Agency,

not to exceed $615,000, of which not to exceed $430,000 may be

appropriated for the fiscal year 1967;

(G) for facilities for agricultural and defense attache&233;

housing, not to exceed $800,000, of which not to exceed

$400,000 may be appropriated for the fiscal year 1967;

(2) for use to carry out the other purposes of this chapter,

not to exceed $12,600,000 for the fiscal year 1968, not to exceed

$12,750,000 for the fiscal year 1969, not to exceed $13,500,000

for the fiscal year 1970, not to exceed $14,300,000 for the

fiscal year 1971, not to exceed $15,000,000 for the fiscal year

1972, and not to exceed $15,900,000 for the fiscal year 1973.

(g) In addition to amounts authorized before June 22, 1973, there

is hereby authorized to be appropriated to the Secretary of State -

(1) for acquisition by purchase or construction (including

acquisition of leaseholds) of sites and buildings in foreign

countries under this chapter, and for major alterations of

buildings acquired under this chapter, the following sums -

(A) for use in Africa, not to exceed $850,000, of which not

to exceed $631,000 may be appropriated for the fiscal year

1974;

(B) for use in the American Republics, not to exceed

$240,000, of which not to exceed $240,000 may be appropriated

for the fiscal year 1974;

(C) for use in Europe, not to exceed $682,000, of which not

to exceed $204,000 may be appropriated for the fiscal year

1974;

(D) for use in East Asia, not to exceed $1,243,000, of which

not to exceed $985,000 may be appropriated for the fiscal year

1974;

(E) for use in the Near East and South Asia, not to exceed

$10,433,000, of which not to exceed $2,287,000 may be

appropriated for the fiscal year 1974;

(F) for facilities for the United States Information Agency,

not to exceed $45,000 for use beginning in the fiscal year

1975;

(G) for facilities for agricultural and defense attache&233;

housing, not to exceed $318,000 for use beginning in the fiscal

year 1974; and

(2) for use to carry out other purposes of this chapter for

fiscal years 1974 and 1975, $48,532,000, of which not to exceed

$23,066,000 may be appropriated for fiscal year 1974.

(h) In addition to amounts authorized before November 29, 1975,

there is authorized to be appropriated to the Secretary of State -

(1) for acquisition by purchase or construction (including

acquisition of leaseholds) of sites and buildings in foreign

countries under this chapter, and for major alterations of

buildings acquired under this chapter, the following sums -

(A) for use in Europe, not to exceed $225,000 for fiscal year

1977;

(B) for use in the Near East and South Asia, not to exceed

$12,885,000, of which not to exceed $3,985,000 may be

appropriated for fiscal year 1976;

(C) for facilities for the United States Information Agency,

not to exceed $3,400,000, of which not to exceed $2,800,000 may

be appropriated for fiscal year 1976;

(D) for facilities for agricultural and defense attache&233;

housing, not to exceed $150,000 for fiscal year 1977; and

(E) for facilities for the United States Agency for

International Development, not to exceed $17,200,000 for fiscal

year 1977; and

(2) for use to carry out the other purposes of this chapter for

fiscal years 1976 and 1977, $73,058,000, of which not to exceed

$32,840,000 may be appropriated for fiscal year 1976.

(i)(1) Sums appropriated under authority of this chapter shall

remain available until expended. To the maximum extent feasible,

expenditures under this chapter shall be made out of foreign

currencies owned by or owed to the United States.

(2) Not to exceed 10 per centum of the funds authorized by any

subparagraph under paragraph (1) of subsections (d), (f), (g), and

(h) of this section may be used for any of the purposes for which

funds are authorized under any other subparagraph of any of such

paragraph (1).

(3) There are hereby authorized to be appropriated to the

Secretary of State such additional or supplemental amounts as may

be necessary for increases in salary, pay, retirement, or other

employee benefits authorized by law.

-SOURCE-

(May 7, 1926, ch. 250, Sec. 4, 44 Stat. 404; June 19, 1952, ch.

446, Sec. 2, 66 Stat. 140; Pub. L. 86-723, Sec. 49, Sept. 8, 1960,

74 Stat. 847; Pub. L. 88-94, Secs. 1, 2(d), Aug. 12, 1963, 77 Stat.

121, 122; Pub. L. 88-414, Aug. 10, 1964, 78 Stat. 387; Pub. L.

89-22, May 21, 1965, 79 Stat. 112; Pub. L. 89-636, Sec. 1, Oct. 10,

1966, 80 Stat. 881; Pub. L. 90-442, July 30, 1968, 82 Stat. 461;

Pub. L. 91-586, Dec. 24, 1970, 84 Stat. 1578; Pub. L. 93-47, June

22, 1973, 87 Stat. 98; Pub. L. 93-263, Apr. 12, 1974, 88 Stat. 83;

Pub. L. 94-141, title I, Sec. 171, Nov. 29, 1975, 89 Stat. 760;

Pub. L. 94-350, title I, Sec. 109, July 12, 1976, 90 Stat. 824;

Pub. L. 95-45, Sec. 3, June 15, 1977, 91 Stat. 221; Pub. L.

103-199, title V, Sec. 503, Dec. 17, 1993, 107 Stat. 2327.)

-REFTEXT-

REFERENCES IN TEXT

Section 295b of this title, referred to in subsec. (b), was

omitted from the Code.

Date of enactment of this section, referred to in subsec. (d),

probably means the date of enactment of Pub. L. 88-94, which was

approved on Aug. 12, 1963.

-MISC1-

AMENDMENTS

1993 - Subsec. (j). Pub. L. 103-199 struck out subsec. (j) which

read as follows: "For the purpose of carrying into effect the

provisions of this chapter in the Union of Soviet Socialist

Republics, there is authorized to be appropriated, in addition to

amounts authorized prior to July 12, 1976, $30,000,000, which

amount is authorized to remain available until expended."

1977 - Subsec. (h)(1). Pub. L. 95-45 substituted "$225,000" for

"$6,725,000" in subpar. (A), "$12,885,000" for "$8,005,000" in

subpar. (B), "$3,400,000" for "$3,745,000" in subpar. (C),

"$150,000" for "$420,000" in subpar. (D), added subpar. (E),

authorizing an appropriation of not to exceed $17,200,000 for

facilities for the United States Agency for International

Development for fiscal year 1977, and struck out subpars. which had

authorized appropriations for Africa, the American Republics, and

East Asia for fiscal year 1977.

1976 - Subsec. (h)(2). Pub. L. 94-350, Sec. 109(1), increased

appropriations authorization for fiscal years 1976 and 1977 to

$73,058,000 from $71,600,000.

Subsec. (j). Pub. L. 94-350, Sec. 109(2), added subsec. (j).

1975 - Subsec. (g)(1). Pub. L. 94-141, Sec. 171(a), substituted

"$850,000" for "$2,190,000" in subpar. (A), "$240,000" for

"$375,000" in subpar. (B), "$682,000" for "$4,780,000" in subpar.

(C), "$1,243,000" for "$2,585,000" in subpar. (D), and

"$10,433,000" for "$3,518,000" in subpar. (E).

Subsec. (h). Pub. L. 94-141, Sec. 171(b)(1), added subsec. (h).

Former subsec. (h) redesignated (i).

Subsec. (i). Pub. L. 94-141, Sec. 171(b), redesignated former

subsec. (h) as (i), and, as so redesignated, in par. (2) inserted

reference to subsec. (h) of this section.

1974 - Subsec. (g)(1). Pub. L. 93-263, Sec. 1(1)-(3), increased

appropriations authorization for fiscal year 1974, in subpar. (A)

to $631,000 from $590,000, in subpar. (C) to $204,000 from

$160,000, and in subpar. (E) to $2,287,000 from $2,218,000.

Subsec. (g)(2). Pub. L. 92-263, Sec. 1(4), increased

appropriations authorization for fiscal years 1974 and 1975 to

$48,532,000 from $45,800,000 and increased limitation for fiscal

year 1974, to $23,066,000 from $21,700,000.

1973 - Subsec. (g). Pub. L. 93-47, Sec. 1(1), added subsec. (g).

Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 93-47, Sec. 1(1), (2), redesignated former

subsec. (g) as (h), struck out from par. (2) provision for

application of the paragraph beginning with the fiscal year 1966,

inserted reference to subsec. (g), and added par. (3),

respectively.

1970 - Subsec. (f)(2). Pub. L. 91-586 authorized appropriations

of not more than $15,000,000 for fiscal year 1972, and not more

than $15,900,000 for fiscal year 1973.

1968 - Subsec. (f)(2). Pub. L. 90-442 authorized appropriations

not to exceed $13,500,000 for fiscal year 1970, and not to exceed

$14,300,000 for fiscal year 1971.

1966 - Subsec. (d). Pub. L. 89-636, Sec. 1(1), struck out last

three sentences providing for availability of appropriated funds

until expended, use of foreign currencies for expenditures, and use

of funds authorized by any subpar. of par. (1) of subsec. (d), now

incorporated in subsec. (g)(1) and (2) of this section,

respectively.

Subsec. (e). Pub. L. 89-636, Sec. 1(2), substituted "$2,600,000"

for "$1,000,000".

Subsec. (f). Pub. L. 89-636, Sec. 1(3), added subsec. (f).

Subsec. (g). Pub. L. 89-636, Sec. 1(3), redesignated second and

third sentences of subsec. (d) as par. (1) and last sentence of

subsec. (d) as par. (2), inserting therein provision for use of

funds authorized by any subpar. of par. (1) of subsec. (f).

1965 - Subsec. (e). Pub. L. 89-22 added subsec. (e).

1964 - Subsec. (d). Pub. L. 88-414 authorized appropriations of

not more than $12,200,000 for fiscal year 1966, $12,400,000 for

fiscal year 1967, and beginning with fiscal year 1966, permitted

use of not more than 10 per centum of the funds authorized for any

subparagraph under par. (1) of this subsection for the purposes of

any other subparagraph of such par. (1).

1963 - Subsec. (a). Pub. L. 88-94, Sec. 2(d), struck out ",

subject to the direction of the commission," after "Secretary of

State".

Subsec. (d). Pub. L. 88-94, Sec. 1, added subsec. (d).

1960 - Subsec. (c). Pub. L. 86-723 added subsec. (c).

Subsec. (b). Act June 19, 1952, added subsec. (b).

1952 - Act June 19, 1952, designated existing provisions as

subsec. (a), permitted the expenditure of the authorized and

appropriated funds for continuing alterations, repairs, and

furnishings, and added subsec. (b).

EFFECTIVE DATE OF 1960 AMENDMENT

Amendment by Pub. L. 86-723 effective on first day of first pay

period which begins more than thirty days after Sept. 8, 1960, see

section 56(a) of Pub. L. 86-723.

-TRANS-

TRANSFER OF FUNCTIONS

United States Information Agency (other than Broadcasting Board

of Governors and International Broadcasting Bureau) abolished and

functions transferred to Secretary of State, see sections 6531 and

6532 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Secs. 295a, 295b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 8 - FOREIGN SERVICE BUILDINGS

-HEAD-

Secs. 295a, 295b. Omitted

-COD-

CODIFICATION

Section 295a, act May 25, 1938, ch. 275, 52 Stat. 441, authorized

additional appropriations of an amount not to exceed $5,000,000.

Section 295b, act June 25, 1946, ch. 643, 60 Stat. 663,

authorized additional appropriations of an amount not to exceed

$125,000,000 of which $110,000,000 was to be used exclusively for

the payments representing the value of property or credits held

abroad by the Government or owing to the Government which could

have been used by the Department of State for buildings, equipment,

etc.

-MISC1-

DIPLOMATIC ESTABLISHMENTS IN PHILIPPINE ISLANDS

Acts July 9, 1947, ch. 211, title I, Sec. 101, 61 Stat. 288; June

3, 1948, ch. 400, title I, Sec. 1, 62 Stat. 315; July 20, 1949, ch.

354, title I, Sec. 101, 63 Stat. 456, provided in part that the

construction of diplomatic and consular establishments in the

Philippines should be without regard to the limitation proviso of

section 295a.

-End-

-CITE-

22 USC Sec. 296 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 8 - FOREIGN SERVICE BUILDINGS

-HEAD-

Sec. 296. Duties of Secretary of State with respect to commission

and properties

-STATUTE-

For the purposes of this chapter the Secretary of State is

authorized to supervise, preserve, maintain, operate, and, when

deemed necessary, to insure the Foreign Service properties in

foreign countries and the other properties acquired in accordance

with the provisions of this chapter; to rent and insure objects of

art; to collect information and formulate plans; and, without

regard to civil service and classification laws, to obtain

architectural and other expert technical services as may be

necessary and pay therefor the scale of professional fees as

established by local authority, law or custom, and to make

expenditures without regard to section 295a of this title requiring

purchase of articles manufactured in the United States.

-SOURCE-

(May 7, 1926, ch. 250, Sec. 5, 44 Stat. 404; June 19, 1952, ch.

446, Sec. 3, 66 Stat. 140.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in text, are set forth in

Title 5, Government Organization and Employees. See, particularly,

section 3301 et seq. of Title 5.

The classification laws, referred to in text, are classified

generally to chapter 51 (Sec. 5101 et seq.) and to subchapter III

(Sec. 5331 et seq.) of chapter 53 of Title 5.

Section 295a of this title, referred to in text, was omitted from

the Code.

-MISC1-

AMENDMENTS

1952 - Act June 19, 1952, amended section generally to authorize

Secretary of State to supervise, preserve, maintain, operate, and

insure Foreign Service property in foreign countries.

-End-

-CITE-

22 USC Sec. 296a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 8 - FOREIGN SERVICE BUILDINGS

-HEAD-

Sec. 296a. Maintenance management of overseas property

-STATUTE-

The Director of the Office of Foreign Buildings Operations shall

-

(1) direct overseas posts to make annual building condition

assessments of buildings and facilities used by the post;

(2) not later than 90 days after October 28, 1991, revise the

Foreign Affairs Manual to stipulate that the Buildings and

Maintenance Handbook shall be used by each post to identify their

maintenance needs, standardize their maintenance operations, and

conduct annual assessments as required by paragraph (1);

(3) direct the Office of Foreign Buildings Operations to

provide proper training and assistance to posts to ensure that

annual surveys are effectively completed; and

(4) direct overseas posts to ensure that all maintenance

program fiscal transactions are 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.

-SOURCE-

(Pub. L. 102-138, title I, Sec. 125, Oct. 28, 1991, 105 Stat. 659.)

-COD-

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.

-TRANS-

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.

-End-

-CITE-

22 USC Sec. 297 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 8 - FOREIGN SERVICE BUILDINGS

-HEAD-

Sec. 297. Acquisition of property by lease

-STATUTE-

The authority granted to acquire sites and buildings by purchase

or otherwise shall include authority to acquire leaseholds.

-SOURCE-

(May 7, 1926, ch. 250, Sec. 6, 44 Stat. 405; June 19, 1952, ch.

446, Sec. 4, 66 Stat. 140; Pub. L. 95-105, title I, Sec. 106(b),

Aug. 17, 1977, 91 Stat. 845.)

-MISC1-

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.

-End-

-CITE-

22 USC Sec. 297a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 8 - FOREIGN SERVICE BUILDINGS

-HEAD-

Sec. 297a. Omitted

-COD-

CODIFICATION

Section, which related to leaseholds of not less than ten years,

was from the Department of State Appropriation Act, 1953, act July

10, 1952, ch. 651, title I, 66 Stat. 550, and was not repeated in

subsequent appropriation 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.

-End-

-CITE-

22 USC Sec. 298 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 8 - FOREIGN SERVICE BUILDINGS

-HEAD-

Sec. 298. Omitted

-COD-

CODIFICATION

Section, act May 7, 1926, ch. 250, Sec. 7, 44 Stat. 405, repealed

act Feb. 17, 1911, ch. 105, 36 Stat. 917, incorporated as section

133 of this title, with a provision that the repeal "shall not

invalidate appropriations already made under the authority of such

Act."

-End-

-CITE-

22 USC Sec. 299 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 8 - FOREIGN SERVICE BUILDINGS

-HEAD-

Sec. 299. Short title

-STATUTE-

This chapter may be cited as the "Foreign Service Buildings Act,

1926."

-SOURCE-

(May 7, 1926, ch. 250, Sec. 8, 44 Stat. 405.)

-End-

-CITE-

22 USC Sec. 300 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 8 - FOREIGN SERVICE BUILDINGS

-HEAD-

Sec. 300. Dispositions of property; damage payments; acceptance of

gifts or services

-STATUTE-

(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 pursuant 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 contents 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) of this section shall, notwithstanding the

provisions of any other law, be applied 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 Secretary shall report all such transactions annually to the

Congress with the budget estimates of the Department of State.

(c) Proceeds from sale of furniture, furnishings, and equipment

Notwithstanding subsection (b) of this section, proceeds from the

disposition of furniture, furnishings, and equipment from

diplomatic and consular establishments in foreign countries shall

be deposited into the Foreign Service Building Fund to be available

for obligation or expenditure as directed by the Secretary.

-SOURCE-

(May 7, 1926, ch. 250, Sec. 9, as added Apr. 19, 1945, ch. 78, 59

Stat. 53; amended Pub. L. 88-94, Sec. 2(e), Aug. 12, 1963, 77 Stat.

122; Pub. L. 89-636, Sec. 3, Oct. 10, 1966, 80 Stat. 882; Pub. L.

99-399, title IV, Sec. 401(h)(2), Aug. 27, 1986, 100 Stat. 863;

Pub. L. 101-246, title I, Sec. 116(c), Feb. 16, 1990, 104 Stat.

25.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a)(1). Pub. L. 101-246 inserted before comma at

end "or in the United States pursuant to section 4304(b)(5) of this

title".

1986 - Subsec. (c). Pub. L. 99-399 added subsec. (c).

1966 - Subsec. (a). Pub. L. 89-636 substituted provisions

designated as subsec. (a) and authorizing the Secretary to sell,

exchange, lease, or license any property or property interest

acquired under this chapter, to receive 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

provisions 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 consular establishments in

foreign countries.

Subsec. (b). Pub. L. 89-636 substituted provisions designated as

subsec. (b) and providing for application of 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

Government'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 Commission may best serve the

Government's interest" after "Foreign Service building fund".

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 section 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2715c, 4304 of this

title.

-End-

-CITE-

22 USC Sec. 301 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 8 - FOREIGN SERVICE BUILDINGS

-HEAD-

Sec. 301. Lease or rental arrangements of not less than ten years;

approval by Secretary; delegation of authority; information to

Congress

-STATUTE-

(a) Leases

Notwithstanding the provisions of this chapter or any other Act,

no lease or other rental arrangement for a period of less than ten

years, and requiring an annual payment in excess of $50,000 shall

be entered into by the Secretary of State for the purpose of

renting or leasing offices, buildings, grounds, or living quarters

for the use of the Foreign Service abroad, unless such lease or

other rental arrangement is approved by the Secretary. The

Secretary may delegate his authority under this section only to the

Deputy Under Secretary of State for Administration or to the

Director of the Office of Foreign Buildings. The Secretary shall

keep the Congress fully and currently informed with respect to

leases or other rental arrangements approved 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 interest of the United States

Government in carrying out the purposes of this chapter.

-SOURCE-

(May 7, 1926, ch. 250, Sec. 10, as added Pub. L. 89-636, Sec. 4,

Oct. 10, 1966, 80 Stat. 882; amended Pub. L. 102-138, title I, Sec.

115(a), (b), Oct. 28, 1991, 105 Stat. 655.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-138 designated existing provisions as subsec.

(a), inserted heading, substituted "$50,000" for "$25,000,", and

added subsec. (b).

-TRANS-

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.

-End-

-CITE-

22 USC Sec. 302 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 8 - FOREIGN SERVICE BUILDINGS

-HEAD-

Sec. 302. Award of contracts

-STATUTE-

(a) Eligibility limitation for construction, etc., abroad

Eligibility for award of contracts under this chapter or of any

other contract by the Secretary of State, including lease-back or

other agreements, the purpose of which is to obtain the

construction, alteration, or repair of buildings and grounds

abroad, when estimated to exceed $5,000,000, including any contract

alternatives or options, shall be limited, after a determination

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 participation 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 relations 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 contract 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) of this section shall be reduced

by 10 per centum.

(3) A determination of adequacy of competition for purposes of

subsection (a) of this section shall be made after advance

publication by the Secretary of State of the proposed project, and

receipt from not less than two prospective responsible bidders 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) of this section and this subsection.

(4) Bidder qualification under subsection (a) of this section

shall be determined on the basis of nationality of ownership, the

burden of which shall be on the prospective bidder. Qualification

under subsection (a)(1) of this section shall require evidence of

(A) performance 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 established on the

basis of determinations at the time bids are requested.

(c) Contracts for construction, etc., in United States

Contracts for construction, alteration, or repair in the United

States for or on behalf of any foreign mission (as defined in

section 202(a)(4) (!1) of title II of the State Department Basic

Authorities Act of 1956 (22 U.S.C. 4302(a)(4)) may, pursuant to the

authority of that title [22 U.S.C. 4301 et seq.], only be awarded

to or performed by bidders qualifying under subsection (a) (1) or

(2) or by nationals of the country for which the contract is being

performed who are granted the right of entry into the United States

for that purpose.

(d) Discretionary determinations by Secretary of State

Determinations under this section shall be committed to the

discretion of the Secretary of State.

(e) Termination of requirements

This section shall cease to be effective when the Secretary of

State determines that there are internationally-agree-upon (!2)

rules in effect on bidding for construction contracts.

-SOURCE-

(May 7, 1926, ch. 250, Sec. 11, as added Pub. L. 98-164, title I,

Sec. 136, Nov. 22, 1983, 97 Stat. 1029; amended Pub. L. 107-228,

div. A, title II, Sec. 206(a), Sept. 30, 2002, 116 Stat. 1364.)

-REFTEXT-

REFERENCES IN TEXT

Title II of the State Department Basic Authorities Act of 1956,

referred to in subsec. (c), is title II of act Aug. 1, 1956, ch.

841, as added Aug. 24, 1982, Pub. L. 97-241, title II, Sec. 202(b),

96 Stat. 283, known as the Foreign Missions Act, which is

classified principally to chapter 53 (Sec. 4301 et seq.) of this

title. Section 202(a)(4) of title II was redesignated section

202(a)(3), and former section 202(a)(5) was redesignated section

202(a)(4), by Pub. L. 103-236, title I, Sec. 162(o)(1), Apr. 30,

1994, 108 Stat. 409. For complete classification of title II to the

Code, see Short Title note set out under section 4301 of this title

and Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(4)(A). Pub. L. 107-228 inserted "or at a

United States diplomatic or consular establishment abroad" after

"United States".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4852 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be

"internationally-agreed-upon".

-End-

-CITE-

22 USC Sec. 303 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 8 - FOREIGN SERVICE BUILDINGS

-HEAD-

Sec. 303. Annual report on overseas surplus properties

-STATUTE-

Not later than March 1 of each year, the Secretary of State shall

submit to Congress a report listing overseas United States surplus

properties that are administered under this chapter and that have

been identified for sale.

-SOURCE-

(May 7, 1926, ch. 250, Sec. 12, as added Pub. L. 105-277, div. G,

subdiv. B, title XXII, Sec. 2215, Oct. 21, 1998, 112 Stat.

2681-814.)

-End-




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