§ 4308. — General provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4308]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 53--AUTHORITIES RELATING TO THE REGULATION OF FOREIGN MISSIONS
Sec. 4308. General provisions
(a) Issuance of regulations
The Secretary may issue such regulations as the Secretary may
determine necessary to carry out the policy of this chapter.
(b) Discharge of obligation; liability
Compliance with any regulation, instruction, or direction issued by
the Secretary under this chapter shall to the extent thereof be a full
acquittance and discharge for all purposes of the obligation of the
person making the same. No person shall be held liable in any court or
administrative proceeding for or with respect to anything done or
omitted in good faith in connection with the administration of, or
pursuant to and in reliance on, this chapter, or any regulation,
instruction, or direction issued by the Secretary under this chapter.
(c) Use of employees from other Federal agencies; experts and
consultants
For purposes of administering this chapter--
(1) the Secretary may accept details and assignments of
employees of Federal agencies to the Department of State on a
reimbursable or nonreimbursable basis (with any such reimbursements
to be credited to the appropriations made available for the salaries
and expenses of officers and employees of the employing agency); and
(2) the Secretary may, to the extent necessary to obtain
services without delay, exercise his authority to employ experts and
consultants under section 3109 of title 5 without requiring
compliance with such otherwise applicable requirements for that
employment as the Secretary may determine, except that such
employment shall be terminated after 60 days if by that time those
requirements are not complied with.
(d) Contracts and subcontracts for supplies and services; advertisement;
factors considered
Contracts and subcontracts for supplies or services, including
personal services, made by or on behalf of the Secretary shall be made
after advertising, in such manner and at such times as the Secretary
shall determine to be adequate to ensure notice and opportunity for
competition, except that advertisement shall not be required when (1)
the Secretary determines that it is impracticable or will not permit
timely performance to obtain bids by advertising, or (2) the aggregate
amount involved in a purchase of supplies or procurement of services
does not exceed $10,000. Such contracts and subcontracts may be entered
into without regard to laws and regulations otherwise applicable to
solicitation, negotiation, administration, and performance of government
contracts. In awarding contracts, the Secretary may consider such
factors as relative quality and availability of supplies or services and
the compatibility of the supplies or services with implementation of
this chapter.
(e) Transfer or loan of property to or from Department of State
The head of any Federal agency may, for purposes of this chapter--
(1) transfer or loan any property to, and perform administrative
and technical support functions and services for the operations of,
the Department of State (with reimbursements to agencies under this
paragraph to be credited to the current applicable appropriation of
the agency concerned); and
(2) acquire and accept services from the Department of State,
including (whenever the Secretary determines it to be in furtherance
of the purposes of this chapter) acquisitions without regard to laws
normally applicable to the acquisition of services by such agency.
(f) Attachment, execution, etc., of assets
Assets of or under the control of the Department of State, wherever
situated, which are used by or held for the use of a foreign mission
shall not be subject to attachment, execution, injunction, or similar
process, whether intermediate or final.
(g) Discretion of Secretary
Except as otherwise provided, any determination required under this
chapter shall be committed to the discretion of the Secretary.
(h) Transfer and credit of funds
(1) In order to implement this chapter, the Secretary may transfer
to the working capital fund established by section 2684 of this title
such amounts available to the Department of State as may be necessary.
(2) All revenues, including proceeds from gifts and donations,
received by the Secretary in carrying out this chapter may be credited
to the working capital fund established by section 2684 of this title
and shall be available for purposes of this chapter in accordance with
that section.
(3) Only amounts transferred or credited to the working capital fund
established by section 2684 of this title may be used in carrying out
the functions of the Secretary or the Director under this chapter.
(Aug. 1, 1956, ch. 841, title II, Sec. 208, as added Pub. L. 97-241,
title II, Sec. 202(b), Aug. 24, 1982, 96 Stat. 288; amended Pub. L. 103-
236, title I, Sec. 162(o)(6), Apr. 30, 1994, 108 Stat. 410.)
Amendments
1994--Subsec. (c)(1). Pub. L. 103-236, Sec. 162(o)(6)(B),
substituted ``Department of State'' for ``Office of Foreign Missions''.
Subsec. (d). Pub. L. 103-236, Sec. 162(o)(6)(A), substituted
``behalf of the Secretary'' for ``behalf of the Director''.
Subsecs. (e), (f). Pub. L. 103-236, Sec. 162(o)(6)(B), substituted
``Department of State'' for ``Office of Foreign Missions'' wherever
appearing.
Subsec. (h)(2). Pub. L. 103-236, Sec. 162(o)(6)(C), struck out
``Director or the'' after ``received by the''.
Effective Date of 1994 Amendment
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.
Section Referred to in Other Sections
This section is referred to in sections 4304, 4314 of this title;
title 28 section 1610.
