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(2)19 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) 20 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 enactment of this amendment, $2,600,000, to remain available until expended.

(f) 21 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, 18 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.

19 Paragraph (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).

20 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".

21 Subsec. (f) was added by sec. 1(3) of Public Law 89-636 (80 Stat. 881). 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 Stat. 1578).

(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

(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 $850,000,23 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 $240,000,24 of which not to exceed $240,000 may be appropriated for the fiscal year 1974;

(C) for use in Europe, not to exceed $682,000,25 of which not to exceed $985,000 may be appropriated for the fiscal year 1974;

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

(E) for use in the Near East and South Asia, not to exceed $10,433,000,27 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, 7,18 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, $48,532,000,28 of which not to exceed $23,066,000 28 may be appropriated for fiscal year 1974.

(h) 29 In addition to amounts authorized before the date of enactment of this subsection, 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 Act, and for major alterations of buildings acquired under this Act, the following sums

(A) 30 for use in Europe, not to exceed $225,000 for fiscal year 1977;

(B) 30 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;

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

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". 20 Sec. 171(aX4) of Public Law 94-141 struck out "$2,190,000" and inserted "$1,243,000". 27 Sec. 171(aX5) of Public Law 94-141 struck out "$3,518,000" and inserted "$10,433,000". 28 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.

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

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

(C) 30 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) 30 for facilities for agricultural and defense attaché housing, not to exceed $150,000 for fiscal year 1977; and (E) 30 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 Act for fiscal years 1976 and 1977, $73,058,000,31 of which not to exceed $32,840,000 may be appropriated for fiscal year 1976.

(i) 32 (1) Sums appropriated under authority of this Act shall remain available until expended. To the maximum extent feasible, expenditures under this Act shall be made out of foreign currencies owned by or owed to the United States.

(2) 33 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) 34 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.

(j) 35*** [Repealed-1994]

SEC. 5.36 For the purposes of this Act 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 Act; 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 that part of 52 Statutes 441 (22 U.S.C. 295a) requiring purchase of articles manufactured in the United States.

SEC. 6.37 The authority granted to acquire sites and buildings by purchase or otherwise shall include authority to acquire leaseholds.38

31 Sec. 109(1) of the Foreign Relations Authorization Act, Fiscal Year 1977 (Public Law 94350), substituted "$73,058,000” in lieu of "$71,600,000".

32 Subsec. (i) was added by sec. 1(3) of Public Law 89-636 (80 Stat. 881) and redesignated subsec. (i) by sec. 171(bX1) of Public Law 94–141.

33 Par. (2) was added by Public Law 93-47 and revised by sec. 171(bX2) of Public Law 94141.

34 Paragraph (3) was added by Public Law 93-47 of June 22, 1973.

36 Subsec. (j), added by sec. 109(2) of the Foreign Relations Authorization Act, Fiscal Year 1977 (Public Law 94-350), authorized $30 million in appropriations for Foreign Service buildings in the Union of Soviet Socialist Republics, was repealed by sec. 503 of Public Law 103199 (107 Stat. 2327).

36 22 U.S.C. 296. Sec. 5 was amended and restated by sec. 3 of Public Law 82-399 (66 Stat. 140).

3722 U.S.C. 297. Sec. 6 was amended and restated by sec. 4 of Public Law 82-399 (66 Stat. 140).

38 Sec. 106(b) of the Foreign Relations Authorization Act, Fiscal Year 1978, struck out the words "of not less than ten years" which formerly appeared at this point.

SEC. 7.39 The Act entitled "An Act providing for the purchase or erection, within certain limits of cost, of embassy, legation, and consular buildings abroad," approved February 17, 1911, is repealed, but such repeal shall not invalidate appropriations already made under the authority of such Act.

SEC. 8.40 This Act may be cited as the "Foreign Service Buildings Act, 1926".

SEC. 9.41 (a) The Secretary of State is authorized

(1) to sell, exchange, lease, or license any property or property interest acquired under this Act, or under other authority, for use of diplomatic and consular establishments in foreign countries or in the United States pursuant to section 204(b)(5) of the State Department Basic Authorities Act of 1956,42

(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 Act.

(b) Proceeds derived from dispositions, payments, or gifts under subsection (a) shall, notwithstanding the provisions of any other law, be applied toward acquisition, construction, or other purposes authorized by this Act 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) 43 Notwithstanding subsection (b), 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.

SEC. 10.44 (a) LEASES.-Notwithstanding the provisions of this 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 $50,000,45 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

30 22 U.S.C. 298.

40 22 U.S.C. 299.

41 22 U.S.C. 300. Sec. 9 was added by Public Law 79-33 (59 Stat. 53); further amended by sec. 2(e) of Public Law 88-94 (77 Stat. 122); further amended and restated by sec. 3 of Public Law 82-399 (80 Stat. 882).

42 Sec. 116(c) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 25), added this reference to the State Department Basic Authorities Act of 1956.

43 Subsec. (c) was added by sec. 401 (hX2) of Public Law 99-399 (100 Stat. 863).

422 U.S.C. 301. Sec. 10 was added by sec. 4 of Public Law 89-636 (80 Stat. 882). Subsec. (a) designation and its subsection heading, and subsec. (b) were added by Sec. 115(b) of the For eign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 655).

45 Sec. 115(a) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 655), increased this lease authority from $25,000 to $50,000.

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) 44,46 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 Act. SEC. 11.47 (a) Eligibility for award of contracts under this Act or of any other contract by the Secretary of State, including leaseback 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)(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) shall be reduced by ten percent.

(3) A determination of adequacy of competition for purposes of subsection (a) 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) and this subsection.

(4) Bidder qualification under subsection (a) 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) shall require evidence of (A) performance of similar construction work in the United States, 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.

Functions vested in the Secretary of State in this section were further delegated to the Under Secretary for Management by Delegation of Authority No. 193, January 7, 1992 (Public Notice 1555; 57 F.R. 2298; January 21, 1992).

4722 U.S.C. 302. Sec. 136 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98–164; 97 Stat. 1029), added sec. 11.

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