§ 4852. Diplomatic construction program

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Omnibus Diplomatic Security and Antiterrorism Act of 1986

   Pub. L. 99–399 title IV § 402 · 100 Stat. 853

   Enacted · 22 U.S.C. § 4852

   Pub. L. 99–399, title IV, § 402, Aug. 27, 1986, 100 Stat. 864

   Source evidence

   Code source credit
   Pub. L. 99–399, title IV, § 402, Aug. 27, 1986, 100 Stat. 864

   Enacted provision · exact public law section
   SEC. 402. DIPLOMATIC CONSTRUCTION PROGRAM. (a) Preference for United States Contractors.— Notwithstanding section 11 of the Foreign Service Buildings Act, 1926, and where 22 USC 302. adequate competition exists, only United States persons and qualified United States joint venture persons may— (1) bid on a diplomatic construction or design project which has an estimated total project value exceeding $5,000,000; and (2) bid on a diplomatic construction or design project which involves physical or technical security. (b) Exception.— Subsection (a) shall not apply with respect to any diplomatic construction or design project in a foreign country whose statutes prohibit the use of United States contractors on such projects. The exception contained in this subsection shall only become effective with respect to a foreign country 30 days after the Secretary of State certifies to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate what specific actions he has taken to urge such foreign country to permit the use of United States contractors on such projects, and what actions he shall take with respect to that country as authorized by title II of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4301 et seq.; commonly referred to as the “Foreign Missions Act”). (c) Definitions.— For the purposes of this section— (1) the term “adequate competition” means with respect to a construction or design project, the presence of two or more qualified bidders submitting responsive bids for that project; (2) the term “United States person” means a person which— (A) is incorporated or legally organized under the laws of the United States, including State, the District of Columbia, and local laws; (B) has its principal place of business in the United States; (C) has been incorporated or legally organized in the United States— (i) for more than 5 years before the issuance date of the invitation for bids or request for proposals with respect to a construction project under subsection (a)(1); and (ii) for more than 2 years before the issuance date of the invitation for bids or request for proposals with respect to a construction or design project which involves physical or technical security under subsection (a)(2); (D) has performed within the United States administrative and technical, professional, or construction services similar in complexity, type of construction, and value to the project being bid; (E) with respect to a construction project under subsection (a)(1), has achieved total business volume equal to or greater than the value of the project being bid in 3 years of the 5-year period before the date specified in subparagraph (C)(i); (F) (i) employs United States citizens in at least 80 percent of its principal management positions in the United States, (ii) employs United States citizens in more than half of its permanent, full-time positions in the United States, and (iii) will employ United States citizens in at least 80 percent of the supervisory positions on the foreign buildings office project site; and (G) has the existing technical and financial resources in the United States to perform the contract; and (3) the term “qualified United States joint venture person” means a joint venture in which a United States person or persons owns at least 51 percent of the assets of the joint venture. (d) American Minority Contractors.— Not less than 10 percent of the amount appropriated pursuant to section 401(a) for diplomatic construction or design projects each fiscal year shall be allocated to the extent practicable for contracts with American minority contractors. (e) American Small Business Contractors.— Not less than 10 percent of the amount appropriated pursuant to section 401(a) for diplomatic construction or design projects each fiscal year shall be allocated to the extent practicable for contracts with American small business contractors. (f) Limitation on Subcontracting.— With respect to a diplomatic construction project, a prime contractor may not subcontract more than 50 percent of the total value of its contract for that project.

2. 1990

   Foreign Relations Authorization Act, Fiscal Years 1990 and 1991

   Pub. L. 101–246 title I § 132 · 104 Stat. 15

   Amended · 22 U.S.C. § 4852(a)(2)

   Pub. L. 101–246 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “bid on a diplomatic construction or design project which involves physical or technical security.”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 101–246 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “bid on a diplomatic construction or design project which involves physical or technical security.”

   Enacted provision · exact public law section
   SEC. 132. MODIFICATION OF PREFERENCE FOR UNITED STATES CONTRACTORS IN DIPLOMATIC CONSTRUCTION PROGRAM. Section 402(a) of the Diplomatic Security Act (22 U.S.C. 4852) is amended in paragraph (2) to read as follows: “(2) bid on a diplomatic construction or design project which involves physical or technical security, unless the project— “(A) involves nonsophisticated, low-level technology, as determined by the Assistant Secretary for Diplomatic Security; “(B) is for the design or construction of a facility that does not process or store classified material; and “(C) does not exceed a total value of $500,000.”.

3. 1991

   Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

   Pub. L. 102–138 § 131(1) · 105 Stat. 647

   Substituted · 22 U.S.C. § 4852(a)(1)

   Pub. L. 102–138, § 131(1), substituted “$10,000,000” for “$5,000,000”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 102–138, § 131(1), substituted “$10,000,000” for “$5,000,000”.

   Enacted provision · exact public law section
   (1) in paragraph (1) by striking out “$5,000,000” and inserting in lieu thereof “$10,000,000”; and

4. 1991

   Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

   Pub. L. 102–138 § 131(2) · 105 Stat. 647

   Amended · 22 U.S.C. § 4852(a)(2)

   Pub. L. 102–138, § 131(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “bid on a diplomatic construction or design project which involves physical or technical security, unless the project—

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 102–138, § 131(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “bid on a diplomatic construction or design project which involves physical or technical security, unless the project—

   “(A) involves nonsophisticated, low-level technology, as determined by the Assistant Secretary for Diplomatic Security; “(B) is for the design or construction of a facility that does not process or store classified material; and “(C) does not exceed a total value of $500,000.”

   Enacted provision · exact public law section
   (2) by amending paragraph (2) to read as follows: “(2) bid on a diplomatic construction or design project which involves technical security, unless the project involves low-level technology, as determined by the Assistant Secretary for Diplomatic Security.”.

5. 1994

   Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

   Pub. L. 103–236 title I § 162(g)(10) · 108 Stat. 382

   Substituted · 22 U.S.C. § 4852(a)(2)

   Pub. L. 103–236 substituted “Secretary of State” for “Assistant Secretary for Diplomatic Security”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 103–236 substituted “Secretary of State” for “Assistant Secretary for Diplomatic Security”.

   Enacted provision · exact public law section
   (10) in section 402(a)(2) by striking “Assistant Secretary 22 USC 4852. for Diplomatic Security” and inserting “Secretary of State”.

   Effective date note
   Amendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental directives implementing the amendments by sections 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as a note under section 2651a of this title.

6. 2002

   An Act providing for a study regarding the equitable use of the waters of the Rio Grande below Fort Quitman, Texas, in cooperation with the United States of Mexico

   Pub. L. 107–228 div. A title II § 206(b) · 116 Stat. 1350

   Inserted · 22 U.S.C. § 4852(c)(2)(D)

   Pub. L. 107–228 inserted “or at a United States diplomatic or consular establishment abroad” after “United States”

   Source evidence

   Code amendment note
   Subsec. (c)(2)(D). Pub. L. 107–228 inserted “or at a United States diplomatic or consular establishment abroad” after “United States”.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 402(c)(2)(D) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(D)) is amended by inserting “or at a United States diplomatic or consular establishment abroad” after “United States”.

7. 2021

   Department of State Authorization Act of 2021

   Pub. L. 117–81 div. E title LII § 5208 · 135 Stat. 1541

   Substituted · 22 U.S.C. § 4852(c)(2)(E)

   Pub. L. 117–81 substituted “cumulatively over 3 years” for “in 3 years”

   Source evidence

   Code amendment note
   Subsec. (c)(2)(E). Pub. L. 117–81 substituted “cumulatively over 3 years” for “in 3 years”.

   Enacted provision · exact public law section
   SEC. 5208. BUSINESS VOLUME.   Section 402(c)(2)(E) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(E)) is amended by striking “in 3 years” and inserting “cumulatively over 3 years”.

8. 2024

   Pub. L. 118–159 § 7214(1) · 138 Stat. 2536

   1. Inserted · 22 U.S.C. § 4852(a)

      Pub. L. 118–159, § 7214(1), inserted “be awarded” after “joint venture persons may” in introductory provisions

   2. Struck · 22 U.S.C. § 4852(a)

      Pub. L. 118–159, § 7214(1), struck out “bid on” at beginning of pars. (1) and (2)

   3. Substituted · 22 U.S.C. § 4852(a)

      Pub. L. 118–159, § 7214(1), substituted “$25,000,000” for “$10,000,000” in par. (1)

   Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 118–159, § 7214(1), inserted “be awarded” after “joint venture persons may” in introductory provisions, struck out “bid on” at beginning of pars. (1) and (2), and substituted “$25,000,000” for “$10,000,000” in par. (1).

9. 2024

   Pub. L. 118–159 § 7214(2)(A) · 138 Stat. 2536

   Substituted · 22 U.S.C. § 4852(c)(1)

   Pub. L. 118–159, § 7214(2)(A), substituted “three” for “two”

   Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 118–159, § 7214(2)(A), substituted “three” for “two”.

10. 2024

    Pub. L. 118–159 § 7214(2)(B)(i) · 138 Stat. 2536

    Substituted · 22 U.S.C. § 4852(c)(2)(D)

    Pub. L. 118–159, § 7214(2)(B)(i), substituted “on a Federal contract abroad” for “at a United States diplomatic or consular establishment abroad”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(2)(D). Pub. L. 118–159, § 7214(2)(B)(i), substituted “on a Federal contract abroad” for “at a United States diplomatic or consular establishment abroad”.

11. 2024

    Pub. L. 118–159 § 7214(2)(B)(ii) · 138 Stat. 2536

    1. Redesignated · 22 U.S.C. § 4852(c)(2)(E); 22 U.S.C. § 4852(c)(2)(F)

       Pub. L. 118–159, § 7214(2)(B)(ii)–(iv), redesignated subpar. (F) as (E)

    2. Substituted · 22 U.S.C. § 4852(c)(2)(E); 22 U.S.C. § 4852(c)(2)(F)

       Pub. L. 118–159, § 7214(2)(B)(ii)–(iv), substituted “65” for “80” in cls. (i) and (iii)

    3. Struck · 22 U.S.C. § 4852(c)(2)(E); 22 U.S.C. § 4852(c)(2)(F)

       Pub. L. 118–159, § 7214(2)(B)(ii)–(iv), struck out former subpar. (E) which read as follows: “with respect to a construction project under subsection (a)(1), has achieved total business volume equal to or greater than the value of the project being bid cumulatively over 3 years of the 5-year period before the date specified in subparagraph (C)(i);”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(2)(E), (F). Pub. L. 118–159, § 7214(2)(B)(ii)–(iv), redesignated subpar. (F) as (E), substituted “65” for “80” in cls. (i) and (iii), and struck out former subpar. (E) which read as follows: “with respect to a construction project under subsection (a)(1), has achieved total business volume equal to or greater than the value of the project being bid cumulatively over 3 years of the 5-year period before the date specified in subparagraph (C)(i);”.

12. 2024

    Pub. L. 118–159 § 7214(2)(B)(ii) · 138 Stat. 2536

    Struck · 22 U.S.C. § 4852(c)(2)(G)

    Pub. L. 118–159, § 7214(2)(B)(ii), struck out subpar. (G) which read as follows: “has the existing technical and financial resources in the United States to perform the contract; and”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(2)(G). Pub. L. 118–159, § 7214(2)(B)(ii), struck out subpar. (G) which read as follows: “has the existing technical and financial resources in the United States to perform the contract; and”.

7 of 16 references resolved to an enrolled provision · 9 unresolved