§306 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The Secretary of State must use the design-build way to deliver construction at U.S. diplomatic posts that had not received design or capital construction contracts by December 27, 2021, unless the Secretary tells the relevant congressional committees that design-build would not be appropriate. If the Secretary chooses a different method, a written notice with the reasons must be sent to those committees and can be included in any other required report about a new post. Within 180 days after December 27, 2021, the Secretary must also report to those committees how the Bureau of Overseas Building Operations will measure performance for design and construction, lifecycle cost, and building maintenance using GAO’s "Standards for Internal Control in the Federal Government."

Title 22, §306

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Unless the Secretary of State notifies the appropriate congressional committees that the use of the design-build project delivery method would not be appropriate, the Secretary shall make use of such method at United States diplomatic posts that have not yet received design or capital construction contracts as of December 27, 2021.

(b)Before executing a contract for a delivery method other than design-build in accordance with subsection (a), the Secretary of State shall notify the appropriate congressional committees in writing of the decision, including the reasons therefor. The notification required by this subsection may be included in any other report regarding a new United States diplomatic post that is required to be submitted to the appropriate congressional committees.

(c)Not later than 180 days after December 27, 2021, the Secretary of State shall report to the appropriate congressional committees regarding performance evaluation measures in accordance with GAO’s “Standards for Internal Control in the Federal Government” that will be applicable to design and construction, lifecycle cost, and building maintenance programs of the Bureau of Overseas Building Operations of the Department.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Department of State Authorization Act of 2021 and also as part of the National Defense Authorization Act for Fiscal Year 2022, and not as part of the Foreign Service Buildings Act, 1926, which comprises this chapter.

Statutory Notes and Related Subsidiaries

Definitions For definitions of “appropriate congressional committees” and “Department” as used in this section, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title. Pub. L. 117–81, div. E, title LII, § 5214, Dec. 27, 2021, 135 Stat. 2359, provided that: “In this title [enacting this section and section 305 of this title, amending section 304 and 4852 of this title, and enacting provisions set out as notes under section 292, 4802, and 4851 of this title]: “(1) Design-build.—The term ‘design-build’ means a method of project delivery in which one entity works under a single contract with the Department to provide design and

Construction

services. “(2) Non-standard design.—The term ‘non-standard design’ means a design for a new embassy compound project or new consulate compound project that does not utilize a standardized design for the structural, spatial, or security requirements of such embassy compound or consulate compound, as the case may be.”

§306 Contracting Methods in Capital Construction