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Title 22 — Foreign Relations and IntercourseRelease 119-73

§4304 Provision of benefits

Title 22 › Chapter CHAPTER 53— - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN MISSIONS › § 4304

Last updated Apr 6, 2026|Official source

Summary

The Secretary of State can provide benefits to a foreign mission if the mission asks and the Secretary agrees to the terms. The Secretary may do this for reasons like reciprocity, to help relations with another country, to protect U.S. interests, to balance costs for U.S. missions abroad, to help settle disputes, or to carry out a property exchange. The Secretary can set rules that include charging a fee and requiring the foreign mission to give up legal claims against government authorities, public service providers, their employees, or others for actions done under this law. The Secretary may name a State Department officer to sign and make such waivers official for the mission. Nothing in these rules limits the U.S. Secret Service from giving protection under 18 U.S.C. 3056 or 3056A at the level it decides is needed. If an in-kind property exchange under the Foreign Service Buildings Act, 1926 is chosen, the Secretary may move funds from the "Acquisition and Maintenance of Buildings Abroad" account (including the Foreign Service Buildings Fund) to the Working Capital Fund under section 4308(h)(1) to pay for it. Only those transferred funds (and any money a foreign government gives to buy property) may be used. The U.S. may buy property in the United States only as part of a specific reciprocal deal with a named foreign government, and property acquired abroad must benefit the U.S. at least as much as U.S. property benefits the other country. The Secretary must make rules to run these exchanges, notify the House Committees on Foreign Affairs and Public Works and Transportation and the Senate Committee on Foreign Relations at least 15 days before any agreement, and credit sale proceeds to the Foreign Service Buildings Fund. Spending those proceeds requires an appropriation Act.

Full Legal Text

Title 22, §4304

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Upon the request of a foreign mission, benefits may be provided to or for that foreign mission by or through the Secretary on such terms and conditions as the Secretary may approve.
(b)If the Secretary determines that such action is reasonably necessary on the basis of reciprocity or otherwise—
(1)to facilitate relations between the United States and a sending State,
(2)to protect the interests of the United States,
(3)to adjust for costs and procedures of obtaining benefits for missions of the United States abroad,
(4)to assist in resolving a dispute affecting United States interests and involving a foreign mission or sending State, or
(5)subject to subsection (f), to implement an exchange of property between the Government of the United States and the government of a foreign country, such property to be used by each government in the respective receiving state for, or in connection with, diplomatic or consular establishments,
(c)Terms and conditions established by the Secretary under this section may include—
(1)a requirement to pay to the Secretary a surcharge or fee, and
(2)a waiver by a foreign mission (or any assignee of or person deriving rights from a foreign mission) of any recourse against any governmental authority, any entity providing public services, any employee or agent of such an authority or entity, or any other person, in connection with any action determined by the Secretary to be undertaken in furtherance of this chapter.
(d)For purposes of effectuating a waiver of recourse which is required under this section, the Secretary may designate any officer of the Department of State as the agent of a foreign mission (or of any assignee of or person deriving rights from a foreign mission). Any such waiver by an officer so designated shall for all purposes (including any court or administrative proceeding) be deemed to be a waiver by the foreign mission (or the assignee of or other person deriving rights from a foreign mission).
(e)Nothing in this chapter shall be deemed to preclude or limit in any way the authority of the United States Secret Service to provide protective services pursuant to section 3056 or 3056A of title 18 at a level commensurate with protective requirements as determined by the United States Secret Service.
(f)(1)Upon a determination in each specific case by the Secretary of State or the Secretary’s designee that the purpose of the Foreign Service Buildings Act, 1926 [22 U.S.C. 292 et seq.], can best be met on the basis of an in-kind exchange of properties with a foreign country pursuant to subsection (b)(5), the Secretary of State may transfer funds made available under the heading “Acquisition and Maintenance of Buildings Abroad” (including funds held in the Foreign Service Buildings Fund) for such purpose to the Working Capital Fund, as provided in section 4308(h)(1) of this title. Except for funds that may be provided by a foreign government for the purchase of property, only funds transferred under the preceding sentence may be used for the purposes of subsection (b)(5).
(2)The Secretary of State may acquire property in the United States for the purposes of subsection (b)(5) only in the context of a specific reciprocal agreement with a specified foreign government. Property acquired by the United States in the foreign country through such an exchange shall benefit the United States at least to the same extent as the property acquired in the United States benefits the foreign government.
(3)The Secretary of State shall prescribe regulations for the implementation of any in-kind exchange of properties pursuant to subsection (b)(5).
(4)At least 15 days before entering into any reciprocal agreement for the exchange of property with another foreign government, the Secretary of State shall notify the Committee on Foreign Affairs and the Committee on Public Works and Transportation of the House of Representatives and the Committee on Foreign Relations of the Senate.
(5)(A)Proceeds from the disposition of properties acquired pursuant to this subsection shall be credited to the Foreign Service Buildings Fund (referred to in section 9 of the Foreign Service Buildings Act, 1926 [22 U.S.C. 300]).
(B)The authority to spend proceeds received under subparagraph (A) may be exercised only to such extent or in such amounts as are provided in advance in an appropriation Act.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Foreign Service Buildings Act, 1926, referred to in subsec. (f)(1), is act May 7, 1926, ch. 250, 44 Stat. 403, which is classified generally to chapter 8 (§ 292 et seq.) of this title. For complete classification of this Act to the Code, see section 299 of this title and Tables.

Amendments

2006—Subsec. (e). Pub. L. 109–177, § 605(e)(2)(B), substituted “section 3056 or 3056A of title 18” for “section 202 of title 3 or section 3056 of title 18”. Pub. L. 109–177, § 605(d)(2), which directed amendment of section 204(e) of the State Department Basic Authorities Act by substituting “section 3056 or 3056A” for “section 202 of title 3 or section 3056”, was not executed, because this section is section 204 of the State Department Basic Authorities Act of 1956 and because of the amendment by Pub. L. 105–277, § 605(e)(2)(B). See note above. 1994—Subsecs. (a) to (c)(1). Pub. L. 103–236, § 162(o)(3)(A), substituted “Secretary on such terms” for “Director on such terms” in subsecs. (a) and (b) and “Secretary” for “Director” in subsec. (c)(1). Subsec. (d). Pub. L. 103–236, § 162(o)(3)(B), as amended by Pub. L. 103–415, substituted “any officer” for “the Director or any other officer”. 1990—Subsec. (b)(5). Pub. L. 101–246, § 116(b)(1), added par. (5). Subsec. (f). Pub. L. 101–246, § 116(b)(2), added subsec. (f). 1985—Subsec. (b). Pub. L. 99–93, § 127(c), inserted “to forego the acceptance, use, or relation of any benefit or” after “(B)” in provisions following par. (4). Subsec. (e). Pub. L. 99–93, § 126(b), substituted “chapter” for “section” and was executed by making the substitution to first reference to “section” as the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress.

Effective Date

of 1994 AmendmentAmendment 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 section 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.

Effective Date

of 1985 AmendmentAmendment by section 126(b) of Pub. L. 99–93 effective Oct. 1, 1985, see section 126(e) of Pub. L. 99–93, set out as an

Effective Date

note under section 4314 of this title.

Effective Date

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

Transfer of Functions

For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see section 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Reference

Citations & Metadata

Citation

22 U.S.C. § 4304

Title 22 — Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73