§ 292 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 204

1See References in Text note below.

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.

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

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, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization

and Employees.

CROSS REFERENCES

Gifts of buildings for diplomatic and consular service,

see section 2697 of this title.

§ 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.

(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.)

AMENDMENTS

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’’.

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.’’

AUTHORITY OF DIRECTOR OF UNITED STATES

INFORMATION AGENCY

Exercise of authority available under this chapter by

Director of United States Information Agency, see Ex.

Ord. No. 10477, Aug. 1, 1953, 18 F.R. 4540, set out as a

note under section 1472 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 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

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
Page 205 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 294a

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.

(Pub. L. 95–426, title I, §105, Oct. 7, 1978, 92 Stat.

965.)

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 Service Buildings Act, 1926, which comprises this chapter.

§ 293. Repealed. Pub. L. 88–94, § 2(a), Aug. 12,

1963, 77 Stat. 122

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

29, 1928, ch. 876, §2, 45 Stat. 971; June 19, 1952, ch. 446, §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.’’

§ 294. Manner of use of buildings; contracts for

construction, etc.

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.

(May 7, 1926, ch. 250, §3, 44 Stat. 404; Pub. L.

88–94, §2(c), Aug. 12, 1963, 77 Stat. 122; Pub. L.

102–138, title I, §115(c), Oct. 28, 1991, 105 Stat.

656.)

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, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

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’’.

§ 294a. Contracts requiring payment in foreign

currency

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