22 U.S.C. § 4308 — General provisions

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 Page 1577 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4309a 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 Depart- ment 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 inter- mediate or final. (g) Discretion of Secretary Except as otherwise provided, any determina- tion required under this chapter shall be com- mitted 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 car- rying 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, § 208, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 288; amended Pub. L. 103–236, title I, § 162(o)(6), Apr. 30, 1994, 108 Stat. 410.) Editorial Notes AMENDMENTS 1994—Subsec. (c)(1). Pub. L. 103–236, § 162(o)(6)(B), sub- stituted ‘‘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), sub- stituted ‘‘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 AMENDMENT Amendment by Pub. L. 103–236 applicable with re- spect to officials, offices, and bureaus of Department of State when executive orders, regulations, or depart- mental 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. 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. § 4309. Application to public international orga- nizations and official missions to such orga- nizations (a) Determination by Secretary The Secretary may make section 4306 of this title, or any other provision of this chapter, ap- plicable with respect to an international organi- zation to the same extent that it is applicable with respect to a foreign mission if the Sec- retary determines that such application is nec- essary to carry out the policy set forth in sec- tion 4301(b) of this title and to further the objec- tives set forth in section 4304(b) of this title. (b) ‘‘International organization’’ defined For purposes of this section, ‘‘international organization’’ means— (1) a public international organization des- ignated as such pursuant to the International Organizations Immunities Act (22 U.S.C. 288— 288f–2) or a public international organization created pursuant to a treaty or other inter- national agreement as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs; and (2) an official mission (other than a United States mission) to such a public international organization, including any real property of such an organiza- tion or mission and including the personnel of such an organization or mission. (Aug. 1, 1956, ch. 841, title II, § 209, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 289.) Editorial Notes REFERENCES IN TEXT The International Organizations Immunities Act, re- ferred to in subsec. (b)(1), is act Dec. 29, 1945, ch. 652, title I, 59 Stat. 669, which is classified principally to subchapter XVIII (§ 288 et seq.) of chapter 7 of this title. For complete classification of that Act to the Code, see Short Title note set out under section 288 of this title and Tables. 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. § 4309a. United States responsibilities for em- ployees of the United Nations (a) Findings The Congress finds that— (1) pursuant to the Agreement Between the United States and the United Nations Regard- ing the Headquarters of the United Nations (authorized by Public Law 80–357 (22 U.S.C. 287 note)), the United States has accepted— (A) the obligation to permit and to facili- tate the right of individuals, who are em- ployed by or are authorized by the United Nations to conduct official business in con- nection with that organization or its agen- cies, to enter into and exit from the United States for purposes of conducting official ac-