
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
