Legislation on Foreign Relations Through ...

5. Foreign Service Buildings

a. The Foreign Service Buildings Act, 1926, as amended

Public Law 69–186 [H.R. 10200], 44 Stat. 403, approved May 7, 1926, as amended by Public Law 70–586 [H.R. 10166], 45 Stat. 971, approved May 29, 1928; Public Law 79-33 [H.R. 685], 59 Stat. 53, approved April 19, 1945; Public Law 82–399 [H.R. 6661], 66 Stat. 140, approved June 19, 1952; Public Law 86-723 [S. 2633], 74 Stat. 847, approved September 8, 1960; Public Law 88-94 [H.R. 5207], 77 Stat. 121, approved August 12, 1963; Public Law 88-414 [H.R. 11754], 78 Stat. 387, approved August 10, 1964; Public Law 89-22 [H.R. 7064], 79 Stat. 112, approved May 29, 1965; Public Law 89-636 [H.R. 14019], 80 Stat. 881, approved October 10, 1966; Public Law 90–442 [H.R. 18065], 82 Stat. 461, approved July 30, 1968; Public Law 91-586 [H.R. 18012], 84 Stat. 1578, approved December 24, 1970; Public Law 9347 [H.R. 5610], 87 Stat. 98, approved June 22, 1973; Public Law 93-263 [H.R. 12463], 88 Stat. 83, approved April 12, 1974; Public Law 94-141 [S. 1517], 89 Stat. 756, approved November 29, 1975; Public Law 94-350 [S. 3168], 90 Stat. 823, approved July 12, 1976; Public Law 95-45 [H.R. 5040], 91 Stat. 221, approved June 15, 1977; Public Law 95-105 [H.R. 6689], 91 Stat. 844 at 845, approved August 17, 1977; by Public Law 98-164 [Department of State Authorization Act, Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat. 1017, approved November 22, 1983; as amended by Public Law 99-399 [Omnibus Diplomatic Security and Antiterrorism Act of 1986; H.R. 2151]; 100 Stat. 863, approved August 27, 1986

AN ACT For the acquisition of buildings and grounds in foreign countries for the use of the Government of the United States of America.1

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That 2 (a) 3 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 Act, or 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.5 The space

1 All references in this Act to the Foreign Service Buildings Commission were deleted by sec. 2 of Public Law 88-94 (77 Stat. 121).

2 22 U.S.C. 292. Sec. 1 was amended and restated by Public Law 70-586 (45 Stat. 971); further amendments by Public Law 88-94 (77 Stat. 122) and Public Law 89-636 (80 Stat. 881), are also incorporated.

3 Sec. 2 of Public Law 89-636 (80 Stat. 881), inserted the "(a)" and added subsec. (b).

* The words "to carry out" were substituted in lieu of "pursuant to" and "under authority of", respectively, by sec. 106(a) of the Foreign Relations Authorization Act, Fiscal Year 1978 (91 Stat. 845).

5 See also sec. 105 of the Foreign Relations Authorization Act, Fiscal Year 1979 (92 Stat. 965) which directed the Secretary of State to implement projects for the application of solar energy or other forms of renewable energy in buildings acquired under this section.

in such buildings shall be allotted by the Secretary of State among the several agencies of the United States Government.

(b) Payments made for rent or otherwise by the United States from funds other than appropriations made to carry out this Act may be credited toward the acquisition of property under this Act without regard to limitations of amounts imposed by this Act. Sec. 2.7 [Repealed-1963]

Sec. 3.8 Buildings and grounds acquired under this Act or hereto fore 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 all work of construction, alteration, and repair under this Act 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 pro visions as relate to the negotiation, making, and performance of contracts and performance of work in the United States and without regard to section 3648 of the Revised Statutes of the United States (31 U.S.C. 529).10

Sec. 4.11 (a) For the purpose of carrying into effect the provisions of this Act there is hereby 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 Buildings 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 Act the Secretary of State 12 may enter into contracts for the acquisition of the buildings and grounds authorized by this Act. In the case of the buildings and grounds authorized by this Act, after the initial alterations, repairs, and furnishings have been completed, subsequent expenditures for such purposes may be made out of the appropriations authorized by this Act in amounts authorized by the Congress each year. 13

(b) For the purpose of carrying into effect the provisions of this Act there is hereby 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

Sec. 2(b)(4) of Public Law 89-94 (77 Stat. 121), added "The space in such buildings shall be allotted by the Secretary of State".

7 Sec. 2(c) of Public Law 88-94 (77 Stat. 122), approved August 12, 1963, repealed sec. 2 of the 1926 Act, establishing the Foreign Service Buildings Commission; sec. 2(g) of the 1963 Act re. pealed all references to the Commission in all of the laws of the United States; and sec. 2(f) of the 1963 Act repealed sec. 1(e) of Reorganization Plan No. 2 of May 9, 1939 (53 Stat. 1432, 66 Stat. 140).

22 U.S.C. 294.

• Sec. 2(c)(1) of Public Law 88-94 (70 Stat. 122) deleted the phrases "subject to the direction of the Commission" and "in the judgment of the Commission".

10 Sec. 2(c)(2) of Public Law 88-94 (70 Stat. 122), added “and without regard to ・・・ (31 U.S.C. 529)".

11 22 U.S.C. 295.

12 Sec. 2(d) of Public Law 88-94 (70 Stat. 122), struck out the phrase "subject to the direction of the commission".

13 Sec. 2 of Public Law 82-399 (66 Stat. 140), added the phrase "in amounts authorized by Congress each fiscal year".

accordance with the provisions of the Act of July 25, 1946 (60 Stat. 663). Sums appropriated pursuant to this authorization shall remain available until expended. 14

(c) For the purpose of carrying into effect the provisions of this Act 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. 15

(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) 16 for acquisition by purchase or construction (including acquisition of leaseholds) of sites and buildings in foreign countries under this Act, and for major alterations of buildings acquired under this Act, 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 $2,220,000 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, 17 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 attaché housing, not to exceed $800,000, of which not to exceed $400,000 may be appropriated for the fiscal year 1964; (2) 18 for use to carry out the other purposes of this Act, 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) 19 For the purpose of carrying into effect the provisions of this Act in South Vietnam, there is hereby authorized to be appropriated, in addition to amounts previously authorized prior to the en

14 Added by sec. 2 of Public Law 82-399 (66 Stat. 140).

15 Added by sec. 49 of Public Law 86-723 (74 Stat. 847).

16 Par. (1) was added by sec. 1 of Public Law 88-94 (77 Stat. 121).

17 Pursuant to sec. 7(a)(1) of Reorganization Plan No. 2 of 1977, all functions vested in the President, Secretary of State, the Department of State, the Director of the United States Information Agency, and the United States Information Agency by this Act were transferred to the Director of the International Communication Agency. The codified version of this Act has been changed to reflect this transfer of authority.

18 Par. (2) was added by sec. 1 of Public Law 88-94 (77 Stat. 121); further amended and restated by Public Law 88-414 (78 Stat. 387); further amended by sec. 1(1) of Public Law 89-636 (80 Stat. 881).

19 Subsec. (e) was added by Public Law 89-22 (79 Stat. 112) and amended by sec. 1(2) of Public Law 89-636 (80 Stat. 881), which struck out "$1,000,000" and inserted "$2,600,000".

actment of this amendment, $2,600,000, to remain available until expended.

(f) 20 In addition to amounts authorized before the date of enactment of this subsection, 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 Act, and for major alterations of buildings acquired under this Act, 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 $2,890,000 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, 21 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 attaché 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 Act, 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 1973.17

(g) 22 In addition to amounts authorized before the date of enactment of this subsection, there is hereby authorized to be appropriated to the Secretary of State

20 Subsec. (f) was added by sec. 1(3) of Public Law 89-636, 80 Stat. 881, Oct. 10, 1966, Sums for fiscal years 1970 and 1971 were added by Public Law 90-442 (82 Stat. 461), and for fiscal years 1972 and 1973 by Public Law 91-586 (84 Štat. 1578).

21 Pursuant to sec. 7(a)(1) of Reorganization Plan No. 2 of 1977, all functions vested in the President, Secretary of State, the Department of State, the Director of the United States Information Agency, and the United States Information Agency by this Act were transferred to the Director of the International Communication Agency. The codified version of this Act has been changed to reflect this transfer of authority.

22 Subsec. (g) was added by Public Law 93-47, renumbering the old sec. (g) as (h) and inserting this new sec. (g).

(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; 23

(B) for use in the American Republics, not to exceed $240,000,24 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 $985,000 may be appropriated for the fiscal year 1974; 25

(D) for use in Africa, not to exceed $1,243,000, of which not to exceed $204,000 may be appropriated for the fiscal year 1974; 26

(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; 27

(F) for facilities for the United States Information Agency, 28 not to exceed $45,000 for use beginning in the fiscal year 1975;

(G) for facilities for agricultural and defense attaché 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 Act for fiscal years 1974 and 1975, $48,532,000, of which not to exceed $23,066,000 may be appropriated for fiscal year 1974.29

(h) 30 In addition to amounts authorized before the date of enactment of this subsection, there is authorized to be appropriated to the Secretary of State

(A) 31 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 attaché housing, not to exceed $150,000 for fiscal year 1977; and

23 Sec. 171(a)(1) of Public Law 94-141 struck out "$2,190,000" and inserted "$850,000". 24 Sec. 171(a)(2) of Public Law 94-141 struck out "$375,000" and inserted "$240,000". 25 Sec. 171(a)(3) of Public Law 94-141 struck out "$4,780,000" and inserted "$682,000”. 26 Sec. 171(a)(4) of Public Law 94-141 struck out "$2,190,000" and inserted "$1,243,000". 27 Sec. 171(a)(5) of Public Law 94-141 struck out "$3,518,000" and inserted "$10,433,000". 28 Pursuant to sec. 7(a)(1) of Reorganization Plan No. 2 of 1977, all functions vested in the President, Secretary of State, the Department of State, the Director of the United States Information Agency, and the United States Information Agency by this Act were transferred to the Director of the International Communication Agency. The codified version of this Act has been changed to reflect this transfer of authority.

29 Sec. 1(4) of Public Law 92-263 (88 Stat. 83) struck out "$45,800,000” and “$21,700,000" and inserted "$48,532,000" and "$23,066,000," respectively.

30 Sec. 171(b) of Public Law 94-141 redesignated subsec. (h) as subsec. (i) and inserted this new subsec. (h).

31 Sec. 3 of Public Law 95-45 (91 Stat. 221) struck out subpars. (A) through (G) and inserted the new subpars. (A) through (E).

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