Title 22Foreign Relations and IntercourseRelease 119-73

§4308 General provisions

Title 22 › Chapter CHAPTER 53— - AUTHORITIES RELATING TO THE REGULATION OF FOREIGN MISSIONS › § 4308

Last updated Apr 6, 2026|Official source

Summary

The Secretary can make rules and orders needed to carry out this chapter. Following those rules protects people who act under them: if someone follows a Secretary’s rule, instruction, or order, that action counts as a full discharge of their obligation and they cannot be held liable in court or in administrative proceedings for good-faith actions or omissions done under the chapter or under the Secretary’s rules. To run the program, the Secretary may take employees from other federal agencies on a reimbursable or nonreimbursable basis and may hire experts or consultants under section 3109 of title 5 without waiting for all usual hiring steps, but those hires must end after 60 days if the normal requirements are still not met. The Secretary can make contracts and subcontracts for supplies and services and may skip usual procurement rules; advertising for bids is expected but not required if it is impractical or would cause delay, or if the purchase is $10,000 or less. Heads of federal agencies may loan property to and provide support for the Department of State and may get services from it, with reimbursements credited to the agency’s appropriation. Foreign mission property used or held by the Department of State is protected from attachment, execution, injunction, or similar legal process. Most decisions under the chapter are left to the Secretary’s discretion. The Secretary may move money to the working capital fund under section 2684, and revenues (including gifts) for the chapter can be credited to that fund; only amounts in that fund may be used to carry out the chapter.

Full Legal Text

Title 22, §4308

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)The Secretary may issue such regulations as the Secretary may determine necessary to carry out the policy of this chapter.
(b)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)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 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)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)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)Except as otherwise provided, any determination required under this chapter shall be committed to the discretion of the Secretary.
(h)(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (c)(1). Pub. L. 103–236, § 162(o)(6)(B), substituted “Department of State” for “Office of Foreign Missions”. Subsec. (d). Pub. L. 103–236, § 162(o)(6)(A), substituted “behalf of the Secretary” for “behalf of the Director”. Subsecs. (e), (f). Pub. L. 103–236, § 162(o)(6)(B), substituted “Department of State” for “Office of Foreign Missions” wherever appearing. Subsec. (h)(2). Pub. L. 103–236, § 162(o)(6)(C), struck out “Director or the” after “received by the”.

Statutory Notes and Related Subsidiaries

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

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

Reference

Citations & Metadata

Citation

22 U.S.C. § 4308

Title 22Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73