Page:United States Statutes at Large Volume 101 Part 3.djvu/83

 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1381

(1) for ''Salaries and Expenses", $177,200,000 for the fiscal year 1988 and $180,744,000 for the fiscal year 1989; (2) for "Voice of America/Europe", $3,000,000 for the fiscal year 1988 and $3,060,000 for the fiscal year 1989; and (3) for "Radio Broadcasting to Cuba", $12,652,000 for the fiscal year 1988 and $12,905,000 for the fiscal year 1989. SEC. 402. VOICE OF AMERICA/EUROPE.

Title V of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461 et seq.) is amended by adding after section 503 the following new section: "SEC. 504. VOICE OF AMERICA/EUROPE.

22 USC 1464.

"As part of its duties and programs under title V of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461 et seq.). Voice of America/Europe shall— "(1) target news and features in accordance with the findings and recommendations of the Young European Survey; "(2) conduct periodic audience evaluations and measurements; and "(3) promote and advertise Voice of America/Europe.". SEC. 403. CONTRACTOR REQUIREMENTS.

22 USC 1471

(a) FINDINGS.—The Congress finds that the overriding national security aspects of the $1,300,000,000 facilities modernization program of the Voice of America require the assurance of uninterrupted logistic support under all circumstances for the program. Therefore, it is in the best interests of the United States to provide a preference for United States contractors bidding on the projects of this program. (b) RESPONSIVE BID.—A bid shall not be treated as a responsive bid for purposes of the facilities modernization program of the Voice of America unless the bidder can establish that the United States goods and services content, excluding consulting and management fees, of his proposal and the resulting contract will not be less than 55 percent of the value of his proposal and the resulting total contract. (c) PREFERENCE FOR UNITED STATES CONTRACTORS.—Notwithstand-

ing any other provision of law, in any case where there are two or more qualified bidders on projects of the facilities modernization program of the Voice of America, including design and construction projects and projects with respect to transmitters, antennas, spare parts, and other technical equipment, all the responsive bids of United States persons and qualified United States joint venture persons shall be considered to be reduced by 10 percent. (d) EXCEPTION.—

(1) Subsection (c) shall not apply with respect to any project of the facilities modernization program of the Voice of America when— (A) precluded by the terms of an international agreement with the host foreign country; (B) a foreign bidder can establish that he is a national of a country whose government permits United States contractors and suppliers the opportunity to bid on a competitive and nondiscriminatory basis with its national contractors and suppliers, on procurement and projects related to the construction, modernization, upgrading, or expansion of—

International agreements.

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