### §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

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.

#### (c) Authorization for improvements and construction

The Secretary of State may improve or construct facilities overseas for other Federal departments and agencies on an advance-of-funds or reimbursable basis if such advances or reimbursements are credited to the Embassy Security, 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), substituted "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 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".

#### **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 Operations (OBO) or successor office should give appropriate consideration to standardization in construction, 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 consulate 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 Committees on Appropriations of the Senate and the House of Representatives. The Secretary shall provide the appropriate congressional committees and the Committees 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 design.

"(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 documentation necessary to support the comparisons and justification, as the case may be, described in paragraphs (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 section 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 findings:

"(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 Engineering, dated December 31, 2013.

"(2) OBO has a Policy Directive and Standard Operation Procedure, dated May 24, 2017, on conducting risk management studies on all international construction projects.

"(b) Notification Requirements.—

"(1) Submission to authorizing committees.—Any notification that includes the allocation of capital construction and maintenance funds shall be submitted to the appropriate congressional committees.

"(2) Requirement to confirm completion of value engineering and risk assessment studies.—The notifications 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 congressional 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 section 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 accessibility, as defined by guidelines established by the 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."