22 USC § 306 - Contracting methods in capital construction

---
identifier: "/us/usc/t22/s306"
source: "usc"
legal_status: "official_prima_facie"
title: "22 USC § 306 - Contracting methods in capital construction"
title_number: 22
title_name: "FOREIGN RELATIONS AND INTERCOURSE"
section_number: "306"
section_name: "Contracting methods in capital construction"
chapter_number: 8
chapter_name: "FOREIGN SERVICE BUILDINGS"
positive_law: false
currency: "119-84"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 117–81, div. E, title LII, § 5211, Dec. 27, 2021, 135 Stat. 2358.)"
---


# § 306. Contracting methods in capital construction

**(a)** **Delivery** December 27, 2021

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 .

**(b)** **Notification** 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)** **Performance evaluation** December 27, 2021

Not later than 180 days after , 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.

---

**Source Credit**: (Pub. L. 117–81, div. E, title LII, § 5211, Dec. 27, 2021, 135 Stat. 2358.)

## 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 , set out as a note under .

> **“(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.”

, , , provided that: