22 U.S.C. § 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)

section 3109 of title 5 the Secretary may, to the extent necessary to obtain services without delay, exercise his authority to employ experts and consultants under 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)

section 2684 of this title In order to implement this chapter, the Secretary may transfer to the working capital fund established by such amounts available to the Department of State as may be necessary.

(2)

section 2684 of this title 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 and shall be available for purposes of this chapter in accordance with that section.

(3)

section 2684 of this title Only amounts transferred or credited to the working capital fund established by may be used in carrying out the functions of the Secretary or the Director under this chapter.

Aug. 1, 1956, ch. 841 Pub. L. 97–241, title II, § 202(b)Aug. 24, 198296 Stat. 288 Pub. L. 103–236, title I, § 162oApr. 30, 1994108 Stat. 410(, title II, § 208, as added , , ; amended ()(6), , .)

Editorial Notes

Amendments

Pub. L. 103–236, § 162o1994—Subsec. (c)(1). ()(6)(B), substituted “Department of State” for “Office of Foreign Missions”.

Pub. L. 103–236, § 162oSubsec. (d). ()(6)(A), substituted “behalf of the Secretary” for “behalf of the Director”.

Pub. L. 103–236, § 162oSubsecs. (e), (f). ()(6)(B), substituted “Department of State” for “Office of Foreign Missions” wherever appearing.

Pub. L. 103–236, § 162oSubsec. (h)(2). ()(6)(C), struck out “Director or the” after “received by the”.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–236 Pub. L. 103–236Apr. 30, 1994section 161(b) of Pub. L. 103–236 section 2651a of this titleAmendment by 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 become effective, or 90 days after , whichever comes earlier, see , as amended, set out as a note under .

Effective Date

Oct. 1, 1982section 204 of Pub. L. 97–241 section 4301 of this titleSection effective , see , set out as a note under .