(5) Qualification under this section shall be established on the basis of determinations at the time bids are requested.

(c) 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) of title II of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4302(a)(4)) may, pursuant to the authority 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) Determinations under this section shall be committed to the discretion of the Secretary of State.

(e) This section shall cease to be effective when the Secretary of State determines that there are internationally-agreed-upon rules in effect on bidding for construction contracts.

b. The Act of May 25, 1938

Public Law 75-543 (H.R. 5633], 52 Stat. 441, 22 U.S.C. 295a, approved May 25, 1938

AN ACT To provide additional funds for buildings for the use of the diplomatic and consular establishments of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of further carrying into effect the provisions of the Foreign Service Buildings Act, 1926, as amended, there is authorized to be appropriated, in addition to the amount authorized by such Act, an amount not to exceed $5,000,000, of which not more than $1,000,000 shall be appropriated for any one year. Sums appropriated pursuant to this Act shall be available for the purposes and be subject to the conditions and limitations of such Act, as amended: Provided, That in the expenditure of appropriations for the construction of diplomatic and consular establishments, the Secretary of State shall, unless in his discretion the interests of the Government will not permit, purchase or contract for only articles of manufacture of the United States, notwithstanding that such articles, when delivered abroad, may cost more if such excess of cost be not unreasonable.

c. The Act of July 25, 1946

Public Law 79-547 [H.R. 6627], 60 Stat. 663, 22 U.S.C. 295b, approved July 25, 1946

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of further carrying into effect the provisions of the Foreign Service Buildings Act of May 7, 1926, as amended (22 U.S.C. 291297), there is authorized to be appropriated in addition to the amount authorized by such Act, and the Act of May 25, 1938, an amount not to exceed $125,000,000, of which $110,000,000 shall be available exclusively for payments representing the value, in whole or in part, of property or credits of whatever nature acquired through lend-lease settlements, the disposal of surplus property abroad, or otherwise, and held abroad by the Government or owing the Government by any foreign government or by any person or organization residing or situated abroad, which property or credits may be used by the Department of State for sites, buildings, equipment, construction, and leaseholds; such payments to be made to the agency of the United States administering the property or credits and be treated by such agency as though made by the foreign government, person, or organization concerned. Sums appropriated pursuant to this Act shall be available for the purposes and subject to the conditions and limitations of the above Acts, except that there shall be no limitation on the amount to be appropriated in any one year and that expenditures for furnishings shall not be subject to the provisions of section 3709 of the Revised Statutes.

6. International Center Act, as amended

Public Law 90–553 [H.R. 16175], 82 Stat. 958, approved October 8, 1968; amended by Public Law 93-40 [International Center for Foreign Chanceries-Appropriations; S. 1235], 87 Stat. 74, approved June 12, 1973; Public Law 97-186 [S. 1611] 99 Stat. 101, approved May 25, 1982; Public Law 99-93 [Foreign Relations Authorization Act, Fiscal Years 1986 and 1987; H.R. 2068], 99 Stat. 405, approved August 16, 1985; and by Public Law 101246 [Foreign Relations Authorization Act, Fiscal Years 1990 and 1991; H.R. 3792), 104 Stat. 15, approved February 16, 1990

AN ACT To authorize the transfer, conveyance, lease, and improvement of, and construction on, certain property in the District of Columbia, for use as a headquarters site for the Organization of American States, as sites for governments of foreign countries, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That: in order to facilitate the conduct of foreign relations by the Department of State in Washington, District of Columbia, through the creation of a more propitious atmosphere for the establishment of foreign government and international organization offices and other facilities, the Secretary of State is authorized to develop in coordination with the Administrator of General Services for, or to sell, exchange, or lease; to foreign governments and international organizations property owned by the United States in the Northwest sections of the District of Columbia bounded by Connecticut Avenue, Yuma Street, 36th Street, Reno Road, and Tilden Street, except that portion of lot 802 in square 1964, the jurisdiction over which was transferred to the District of Columbia for use as an educational facility, upon such terms and conditions as the Secretary may prescribe. Every lease, contract of sale, deed, and other document of transfers shall provide (a) that the foreign government shall devote the property transferred to use for legation purposes, or (b) that the international organization shall devote the property transferred to its official uses.

Sec. 2.1 Upon the request of any foreign government or international organization and with funds provided by such government or organization in advance, the Secretary of State in conjunction with the Administrator of General Services, is authorized to design, construct, and equip a headquarters building or related facilities on property conveyed described in the first section of this Act.

Sec. 3. The Act of June 20, 1938 (D.C. Code, secs. 5-413 to 5428.. shall not apply to buildings constructed on property trans ferred or conveyed pursuant to this Act including section 3 of this m effect January 1, 1980. Plans showing the location, begns, bulk, number of stories, and size of, and the proviBIONE for

* 1241 of Puble Law 99-93 (99 Stat 405, amended war 2 by striking out “hómine trar & Gesera Service and inserting in lies thereof "becretary of biak i conjuntius milt ise mixer of Genere Services", and by striking out 'conveyed pursuant and e

open space and offstreet parking in and around, such buildings shall be approved by the National Capital Planning Commission, and plans showing the height and appearance, color, and texture of the materials of exterior construction of such buildings shall be approved by the Commission of Fine Arts prior to the construction thereof.

SEC. 4.2 (a) The demolition or removal of existing structures, site preparation, and the construction, reconstruction, relocation, and rebuilding of (1) public streets and sidewalks, (2) public sewers and their appurtenances, (3) water mains, fire hydrants, and other parts of the public water supply and distribution system, (4) the fire alarm system, (5) other utilities, (6) facilities for security maintenance, and (7) related improvements necessary to accomplish the purposes of this Act, which are within or contiguous to the area described in section 1 of this Act and which are occasioned in carrying out the provisions of this Act, shall be provided by the Secretary of State, in coordination with the Administrator of General Services and the government of the District of Columbia.

(b) The Secretary of State shall periodically advise the Committees on Foreign Affairs and Public Works and Transportation of the House of Representatives and the Committee on Foreign Relations of the Senate on construction of facilities for security or maintenance under this section.

(c)3 (1)(A) The Department of State is authorized to require the payment of a fee by other executive agencies of the United States for the lease or use of facilities located at the International Center which are used for the purposes of security and maintenance. Any payments received for lease or use of such facilities shall be credited to the account entitled "International Center, Washington, District of Columbia" and shall be available, without fiscal year limitation, to cover the operation and maintenance expenses of such facilities, including administration, maintenance, utilities, repairs, and alterations.

(B) The authority of subparagraph (A) shall be exercised only to such extent or in such amounts as a re provided in advance in an appropriation Act.

(2) For purposes of paragraph (1), the term "Executive agencies" is used within the meaning of section 105 of title 5, United States Code.

SEC. 5. There is hereby authorized to be appropriated, without fiscal year limitation, not to exceed $2,200,000 to carry out the purposes of section 5 of this Act: Provided, That such sums as may be appropriated hereunder shall be reimbursed to the Treasury from proceeds of the sale, exchange, or lease of property to foreign gov

2 Sec. 124(2) of Public Law 99-93 (99 Stat. 405), added the text of sec. 2(aX6) and the text of sec. 2(b).

3 Sec. 120 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 26), added subsec. (c).

Under "Administration of Foreign Affairs; Diplomatic and Consular Programs", the Department of State and Related Agencies Appropriations Act, 1994 (title V of Public Law 103-121; 107 Stat. 1185) provided: " “*** and in addition not to exceed $1,185,000 shall be derived from fees from other executive agencies for lease or use of facilities located at the International Center in accordance with section 4 of the International Center Act (Public Law 90-553, as amended by section 120 of Public Law 101-246),".

The text from the beginning of the section to the footnote was added by Public Law 93-40 (87 Stat. 74).