22 U.S.C. § 4306 — Location of foreign missions in the Dis-

Page 1575 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4306 § 4306. Location of foreign missions in the Dis- trict of Columbia (a) Section as governing location, replacement, or expansion The location, replacement, or expansion of chanceries in the District of Columbia shall be subject to this section. (b) Acceptable areas; limitations and conditions (1) A chancery shall be permitted to locate as a matter of right in any area which is zoned commercial, industrial, waterfront, or mixed- use (CR). (2) A chancery shall also be permitted to lo- cate— (A) in any area which is zoned medium-high or high density residential, and (B) in any other area, determined on the basis of existing uses, which includes office or institutional uses, including but not limited to any area zoned mixed-use diplomatic or spe- cial purpose, subject to disapproval by the District of Colum- bia Board of Zoning Adjustment in accordance with this section. (3) In each of the areas described in paragraphs (1) and (2), the limitations and conditions appli- cable to chanceries shall not exceed those appli- cable to other office or institutional uses in that area. (c) Filing of application with Board of Zoning Adjustment; publication of notice; public par- ticipation; final determination (1) If a foreign mission wishes to locate a chancery in an area described in subsection (b)(2), or wishes to appeal an administrative de- cision relating to a chancery based in whole or in part upon any zoning map or regulation, it shall file an application with the Board of Zon- ing Adjustment which shall publish notice of that application in the District of Columbia Register. (2) Regulations issued to carry out this section shall provide appropriate opportunities for par- ticipation by the public in proceedings con- cerning the location, replacement, or expansion of chanceries. (3) A final determination concerning the loca- tion, replacement, or expansion of a chancery shall be made not later than six months after the date of the filing of an application with re- spect to such location, replacement, or expan- sion. Such determination shall not be subject to the administrative proceedings of any other agency or official except as provided in this chapter. (d) Criteria for determination Any determination concerning the location of a chancery under subsection (b)(2), or con- cerning an appeal of an administrative decision with respect to a chancery based in whole or in part upon any zoning regulation or map, shall be based solely on the following criteria: (1) The international obligation of the United States to facilitate the provision of adequate and secure facilities for foreign mis- sions in the Nation’s Capital. (2) Historic preservation, as determined by the Board of Zoning Adjustment in carrying out this section; and in order to ensure com- patibility with historic landmarks and dis- tricts, substantial compliance with District of Columbia and Federal regulations governing historic preservation shall be required with re- spect to new construction and to demolition of or alteration to historic landmarks. (3) The adequacy of off-street or other park- ing and the extent to which the area will be served by public transportation to reduce parking requirements, subject to such special security requirements as may be determined by the Secretary, after consultation with Fed- eral agencies authorized to perform protective services. (4) The extent to which the area is capable of being adequately protected, as determined by the Secretary, after consultation with Federal agencies authorized to perform protective services. (5) The municipal interest, as determined by the Mayor of the District of Columbia. (6) The Federal interest, as determined by the Secretary. (e) Consistency of regulations, proceedings, and other actions; review and comment by Na- tional Planning Commission (1) Regulations, proceedings, and other actions of the National Capital Planning Commission, the Zoning Commission for the District of Co- lumbia, and the Board of Zoning Adjustment af- fecting the location, replacement, or expansion of chanceries shall be consistent with this sec- tion (including the criteria set out in subsection (d)) and shall reflect the policy of this chapter. (2) Proposed actions of the Zoning Commission concerning implementation of this section shall be referred to the National Capital Planning Commission for review and comment. (f) Rule-making nature of proceedings Regulations issued to carry out this section shall provide for proceedings of a rule-making and not of an adjudicatory nature. (g) Compliance with District of Columbia build- ing and related codes The Secretary shall require foreign missions to comply substantially with District of Colum- bia building and related codes in a manner de- termined by the Secretary to be not incon- sistent with the international obligations of the United States. (h) Approval of Board of Zoning Adjustment or Zoning Commission not required Approval by the Board of Zoning Adjustment or the Zoning Commission or, except as provided in section 4305 of this title, by any other agency or official is not required— (1) for the location, replacement, or expan- sion of a chancery to the extent that author- ity to proceed, or rights or interests, with re- spect to such location, replacement, or expan- sion were granted to or otherwise acquired by the foreign mission before October 1, 1982; or (2) for continuing use of a chancery by a for- eign mission to the extent that the chancery was being used by a foreign mission on Octo- ber 1, 1982. Page 1576 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4307 (i) Membership on Zoning Commission and Board of Zoning Adjustment (1) The President may designate the Secretary of Defense, the Secretary of the Interior, or the Administrator of General Services (or such al- ternate as such official may from time to time designate) to serve as a member of the Zoning Commission in lieu of the Director of the Na- tional Park Service whenever the President de- termines that the Zoning Commission is per- forming functions concerning the implementa- tion of this section. (2) Whenever the Board of Zoning Adjustment is performing functions regarding an application by a foreign mission with respect to the loca- tion, expansion, or replacement of a chancery— (A) the representative from the Zoning Com- mission shall be the Director of the National Park Service or if another person has been designated under paragraph (1) of this sub- section, the person so designated; and (B) the representative from the National Capital Planning Commission shall be the Ex- ecutive Director of that Commission. (j) Application of other laws Provisions of law (other than this chapter) ap- plicable with respect to the location, replace- ment, or expansion of real property in the Dis- trict of Columbia shall apply with respect to chanceries only to the extent that they are con- sistent with this section. (Aug. 1, 1956, ch. 841, title II, § 206, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 286.) Statutory Notes and Related Subsidiaries 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. § 4307. Preemption Notwithstanding any other law, no act of any Federal agency shall be effective to confer or deny any benefit with respect to any foreign mission contrary to this chapter. Nothing in section 4302, 4303, 4304, or 4305 of this title may be construed to preempt any State or municipal law or governmental authority regarding zon- ing, land use, health, safety, or welfare, except that a denial by the Secretary involving a ben- efit for a foreign mission within the jurisdiction of a particular State or local government shall be controlling. (Aug. 1, 1956, ch. 841, title II, § 207, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 288.) Statutory Notes and Related Subsidiaries 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. § 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 ac- quittance and discharge for all purposes of the obligation of the person making the same. No person shall be held liable in any court or ad- ministrative proceeding for or with respect to anything done or omitted in good faith in con- nection with the administration of, or pursuant to and in reliance on, this chapter, or any regu- lation, instruction, or direction issued by the Secretary under this chapter. (c) Use of employees from other Federal agen- cies; experts and consultants For purposes of administering this chapter— (1) the Secretary may accept details and as- signments of employees of Federal agencies to the Department of State on a reimbursable or nonreimbursable basis (with any such reim- bursements to be credited to the appropria- tions made available for the salaries and ex- penses of officers and employees of the em- ploying agency); and (2) the Secretary may, to the extent nec- essary to obtain services without delay, exer- cise his authority to employ experts and con- sultants under section 3109 of title 5 without requiring compliance with such otherwise ap- plicable 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 competi- tion, except that advertisement shall not be re- quired when (1) the Secretary determines that it is impracticable or will not permit timely per- formance to obtain bids by advertising, or (2) the aggregate amount involved in a purchase of supplies or procurement of services does not ex- ceed $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 rel- ative 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 De- partment of State The head of any Federal agency may, for pur- poses of this chapter— (1) transfer or loan any property to, and per- form administrative and technical support functions and services for the operations of, the Department of State (with reimburse- ments to agencies under this paragraph to be credited to the current applicable appropria- tion of the agency concerned); and (2) acquire and accept services from the De- partment of State, including (whenever the