§ 4304. — Provision of benefits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4304]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 53--AUTHORITIES RELATING TO THE REGULATION OF FOREIGN MISSIONS
Sec. 4304. Provision of benefits
(a) Request by foreign mission; terms and conditions as approved by
Secretary
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) Benefits through Secretary as mandatory; compliance with terms and
conditions
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) of this section, 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,
then the Secretary may require a foreign mission (A) to obtain benefits
from or through the Secretary on such terms and conditions as the
Secretary may approve, or (B) to forego the acceptance, use, or relation
of any benefit or to comply with such terms and conditions as the
Secretary may determine as a condition to the execution or performance
in the United States of any contract or other agreement, the
acquisition, retention, or use of any real property, or the application
for or acceptance of any benefit (including any benefit from or
authorized by any Federal, State, or municipal governmental authority,
or any entity providing public services).
(c) Surcharge or fee; waiver of recourse
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) Agent for waiver of recourse
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) Secret Service protection
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 202 of title 3 or section 3056
of title 18 at a level commensurate with protective requirements as
determined by the United States Secret Service.
(f) In-kind exchange of properties with foreign government; transfer of
funds; reciprocal agreement; regulations
(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) of this section, 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) of this section.
(2) The Secretary of State may acquire property in the United States
for the purposes of subsection (b)(5) of this section 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) of this section.
(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.
(Aug. 1, 1956, ch. 841, title II, Sec. 204, as added Pub. L. 97-241,
title II, Sec. 202(b), Aug. 24, 1982, 96 Stat. 284; amended Pub. L. 99-
93, title I, Secs. 126(b), 127(c), Aug. 16, 1985, 99 Stat. 418; Pub. L.
101-246, title I, Sec. 116(b), Feb. 16, 1990, 104 Stat. 24; Pub. L. 103-
236, title I, Sec. 162(o)(3), Apr. 30, 1994, 108 Stat. 410; Pub. L. 103-
415, Sec. 1(cc), Oct. 25, 1994, 108 Stat. 4302.)
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, as amended, which is
classified generally to chapter 8 (Sec. 292 et seq.) of this title. For
complete classification of this Act to the Code, see section 299 of this
title and Tables.
Amendments
1994--Subsecs. (a) to (c)(1). Pub. L. 103-236, Sec. 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, Sec. 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, Sec. 116(b)(1), added par.
(5).
Subsec. (f). Pub. L. 101-246, Sec. 116(b)(2), added subsec. (f).
1985--Subsec. (b). Pub. L. 99-93, Sec. 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, Sec. 126(b), substituted ``chapter'' for
``section'' and was executed by making the substitution to first
reference to ``section'' as the probable intent of Congress.
Change of Name
Committee on Foreign Affairs of House of Representatives treated as
referring to Committee on International Relations of House of
Representatives and 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 Amendment
Amendment 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
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 of 1985 Amendment
Amendment 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.
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 sections 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.
Section Referred to in Other Sections
This section is referred to in sections 300, 4303, 4307, 4309 of
this title.
