(b) 59 (1) Any contract authorized by subsection (a) and described in paragraph (3) of this subsection which is funded on the basis of annual appropriations may nevertheless be made for periods not in excess of 5 years when

(A) appropriations are available and adequate for payment for the first fiscal year and for all potential cancellation costs; and

(B) the Director of the United States Information Agency determines that

(i) the need of the Government for the property or service being acquired over the period of the contract is reasonably firm and continuing;

(ii) such a contract will serve the best interests of the United States by encouraging effective competition or promoting economies in performance and operation; and

(iii) such method of contracting will not inhibit small business participation.

(2) In the event that funds are not made available for the continuation of such a contract into a subsequent fiscal year, the contract shall be canceled and any cancellation costs incurred shall be paid from appropriations originally available for the performance of the contract, appropriations currently available for the acquisition of similar property or services and not otherwise obligated, or appropriations made for such cancellation payments.

(3) This subsection applies to contracts for the procurement of property or services, or both, for the operation, maintenance, and support of programs, facilities, and installations for or related to telecommunication activities, newswire services, and the distribution of books and other publications in foreign countries.

MAXIMUM USE OF EXISTING GOVERNMENT PROPERTY AND FACILITIES

SEC. 803.6o In carrying on activities under this Act which require the utilization of Government property and facilities, maximum use shall be made of existing Government property and facilities.

BASIC AUTHORITY

SEC. 804.61 In carrying out the provisions of this Act, the Secretary,49 or any Government agency authorized to administer such provisions, may

(1) 62 employ, without regard to the civil service and classification laws, aliens within the United States and abroad for service in the United States relating to the translation or narration of colloquial speech in foreign languages or the preparation and production of foreign language programs when suitably qualified United States citizens are not available when job vacancies occur, 63 and aliens so employed abroad may be ad

60 22 U.S.C. 1473.

$1 22 U.S.C. 1474. Sec. 804 was added by Public Law 92-352 (86 Stat. 389).

62 Paragraph (1) was amended and restated by sec. 203(b)(2) of the ICA Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 398). Formerly, par. (1) also included a requirement that such aliens must be investigated pursuant to procedures established by the Secretary or the agency and the Attorney General before they could be employed.

63 Sec. 207 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 53), added "when job vacancies occur".

mitted to the United States, if otherwise qualified, as nonimmigrants under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)15)) for such time and under such conditions and procedures as may be established by the Director of the United States Information Agency 64 and the Attorney General;

(2) pay travel expenses of aliens employed abroad for service in the United States and their dependents to and from the United States;

(3) incur expenses for entertainment within the United States within such amounts as may be provided in appropriations Acts;

(4) obtain insurance on official motor vehicles operated by the Secretary 65 or such agency in foreign countries, and pay the expenses incident thereto;

(5) notwithstanding the provisions of section 2680(k) of title 28, United States Code, pay tort claims in the manner authorized in the first paragraph of section 2672 of such title, when such claims arise in foreign countries in connection with operations conducted abroad under this Act;

(6) employ aliens by contract for services abroad;

(7) provide ice and drinking water abroad;

(8) pay excise taxes on negotiable instruments abroad;

(9) 66 pay to or for individuals, not United States Government employees, participating in activities conducted under this Act, the costs of emergency medical expenses, preparation and transport to their former homes of the remains of such participants or their dependents who die while away from their homes during such participation, and health and accident insurance premiums for participants or health and accident benefits for participants by means of a program of self-insurance;

(10) rent or lease, for periods not exceeding ten years, 67 office buildings, grounds, and living quarters abroad for em

64 "United States Information Agency" was substituted for "International Communication Agency" pursuant to sec. 303(b) of Public Law 97-241 (96 Stat. 291; 22 U.S.C. 1461 note), which provided that: "Any reference in any statute, reorganization plan, Executive order, regulation. agreement, determination, or other official document or proceeding to the International Communication Agency or the Director or other official of the International Communication Agency shall be deemed to refer respectively to the United States Information Agency or the Director or other official of the United States Information Agency, as so redesignated by subsection (a)"

65 Pursuant to sec. 7(a)(1) of Reorganization Plan No. 2 of 1977, all functions vested in the President, Secretary of State, the Department of State, the Director of the United States Infor mation Agency, and the United States Information Agency by this Act were transferred to the Director of the International Communication Agency. The codified version of this Act has been changed to reflect this transfer of authority.

Subsequently, sec. 303(b) of Public Law 97-241 (96 Stat. 291) redesignated the International Communication Agency as the United States Information Agency and stated that any reference to the International Communication Agency in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding, shall be deemed to be a reference to the United States Information Agency. Sec. 303 also stated that references to the Director or other official of the International Communication Agency shall be deemed to refer to the Director or other official of the United States Information Agency.

66 Sec. 205 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 692), amended and restated par. (9).

67 This period was changed from five years to ten years by sec. 204(b)(1) of the ICA Authoriza tion Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 400).

ployees carrying out this Act, and make payments therefor in advance;

(11) maintain, improve, and repair properties used for information activities in foreign countries;

(12) furnish fuel and utilities for Government-owned or leased property abroad;

(13) pay travel expenses of employees attending official international conferences, without regard to sections 5701-5708 of title 5, United States Code, and regulations issued thereunder, but at rates not in excess of comparable allowances approved for such conferences by the Secretary;

(14) 68 purchase uniforms;

(15) 69 hire passenger motor vehicles;

(16) 69 purchase passenger motor vehicles for use abroad, and right-hand drive and security 70 vehicles may be so purchased without regard to any maximum price limitation established by law;

(17) 69 procure services of experts and consultants in accordance with section 3109 of title 5 of the United States Code; (18) 69 make advances of funds;

(19) 69 notwithstanding section 5946 of title 5 of the United States Code, pay dues for library membership in organizations which issue publications to members only, or to members at a price lower than to others; 71

(20) 72 subject to the availability of appropriated funds, purchase motion picture, radio and television producers' liability insurance to cover errors and omissions or similar insurance coverage for the protection of interests in intellectual property; 71

(21) 71 incur expenses authorized by the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.);

(22) 71 furnish living quarters as authorized by section 5912 of title 5, United States Code; and

(23) 71 provide allowances as authorized by sections 5921 through 5928 of title 5, United States Code.".

TRAVEL EXPENSES

SEC. 805.73 Appropriated funds made available for any fiscal year to the Secretary or any Government agency, to carry out the provisions of this Act, for expenses in connection with travel of personnel outside the continental United States, including travel of dependents and transportation of personal effects, household goods, or automobiles of such personnel, shall be available for all such ex

68 Paragraph (14) was added by sec. 203 of the Foreign Relations Authorization Act, Fiscal Year 1977 (Public Law 94-350); and further amended when sec. 204(b)(3) of the ICA Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 400), struck out the words "when funds are appropriated therefor" at the end of the paragraph.

69 Paragraphs (15) through (19) were added by sec. 204(b)(4) of the ICA Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 400).

70 The words "and security" were added by sec. 302(c) of Public Law 97-241 (96 Stat. 293). 71 Sec. 204 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 692), struck out "and" at the end of par. (19); ended par. (20) with a semicolon; and added new pars. (21), (22), and (23).

72 Paragraph (20) was added by sec. 304(d) of Public Law 97-241 (96 Stat. 293).

73 22 U.S.C. 1475. Sec. 805 was added by sec. 202 of Public Law 92-352 (86 Stat. 494)

penses in connection with travel or transportation which begins in that fiscal year pursuant to travel orders issued in that year, notwithstanding the fact that such travel or transportation may not be completed until the following fiscal year.

REPLACEMENT OF PASSENGER MOTOR VEHICLES

SEC. 806.74 The exchange allowances or proceeds derived from the exchange or sale of passenger motor vehicles used abroad for purposes of this Act or the Mutual Educational and Cultural Exchange Act of 1961 shall be 75 available without fiscal year limitation for replacement of an equal number of such vehicles in accordance with section 201(c) of the Federal Property and Administrative Services Act of 1949.

SEAL OF THE UNITED STATES INFORMATION AGENCY 76

SEC. 807.76 The seal of the United States Information Agency shall be the arms and crest of the United States, encircled by the words "United States Information Agency".76 Judicial notice shall be taken of the seal.

ACTING ASSOCIATE DIRECTORS

SEC. 808.77 If an Associate Director of the United States Information Agency dies, resigns, or is sick or absent, the Associate Director's principal assistant shall perform the duties of the office until a successor is appointed or the absence or sickness stops.

COMPENSATION FOR DISABILITY OR DEATH

SEC. 809.78 A cultural exchange, international fair or exposition, or other exhibit or demonstration of United States economic accomplishments and cultural attainments, provided for under this Act or the Mutual Educational and Cultural Exchange Act of 1961 shall not be considered a "public work" as that term is defined in the first section of the Act of August 16, 1941 (42 U.S.C. 1651; commonly known as the "Defense Base Act").

USE OF ENGLISH-TEACHING PROGRAM FEES

SEC. 810.79 (a) Notwithstanding section 3302 of title 31, United States Code, or any other law or limitation of authority, fees re

74 22 U.S.C. 1475a. Sec. 806 was added by sec. 204 of the Foreign Relations Authorization Act. Fiscal Year 1977 (Public Law 94-350).

75 The words "shall be" were inserted in lieu of "are authorized to be made" by sec. 204(c) of the ICA Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 400).

76 22 U.S.C. 1475b. Sec. 807 was added by sec. 204(c) of Public Law 95-426 (92 Stat. 974). Sec 303(b) of Public Law 97-241 (96 Stat. 291) redesignated the International Communication Agency as the United States Information Agency and stated that any reference to the Internationa Communication Agency in any statute, reorganization plan, Executive order, regulation, agree ment, determination, or other official document or proceeding, shall be deemed to be a reference to the United States Information Agency. Sec. 303 also stated that references to the Director or other official of the International Communication Agency shall be deemed to refer to the Direc tor or other official of the United States Information Agency.

77 22 U.S.C. 1475c. Sec. 808 was added by sec. 304(e) of Public Law 97-241 (96 Stat. 293). 78 22 U.S.C. 1475d. Sec. 809 was added by sec. 304(e) of Public Law 97-241 (96 Stat. 293). 19 22 U.S.C. 1475e. Sec. 810 was amended and restated by sec. 208 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 53). Previously Continued

A

ceived by or for the use of the United States Information Agency I from or in connection with English-teaching and library services, and Agency-produced publications, and not to exceed $100,000 of payments from motion picture and television programs, produced or conducted by or on behalf of the Agency under the authority of this Act or the Mutual Educational and Cultural Exchange Act of 1961 is authorized to be credited each fiscal year to the appropriate appropriation of the United States Information Agency to such extent as may be provided in advance in an appropriation Act.

DEBT COLLECTION

SEC. 811.80 (a) CONTRACT AUTHORITY. (1) Subject to the availability of appropriations, the Director of the United States Information Agency shall enter into contracts for collection services to recover indebtedness owed by a person, other than a foreign country, to the United States which arises out of activities of the United States Information Agency and is delinquent by more than 90 days.

(2) Each contract entered into under this section shall provide that the person with whom the Director of the United States Information Agency enters into such contract shall submit to the Director at least once every 180 days a status report on the success of the person in collecting debts. Section 3718 of title 31, United States Code, shall apply to any such contract to the extent that such section is not inconsistent with this subsection.

(b) DISCLOSURE OF DELINQUENT DEBT TO CREDIT REPORTING AGENCIES.-The Director of the United States Information Agency shall, to the extent otherwise allowed by law, disclose to those credit reporting agencies to which the Director reports loan activity information concerning any debt of more than $100 owed by a person, other than a foreign country, to the United States which arises out of activities of the United States Information Agency and is delinquent by more than 31 days.

USIA POSTS AND PERSONNEL OVERSEAS

SEC. 812.81 (a) LIMITATION.-Except as provided under this section no funds authorized to be appropriated to the United States Information Agency may be used to pay any expense associated with the closing of any United States Information Agency post abroad.

(b) NOTIFICATION.-Not less than 45 days before the closing of any United States Information Agency post abroad the Director of

sec. 810 was restated by sec. 203 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1373). Sec. 810 was originally added by sec. 304(e) of Public Law 97-241 (96 Stat. 293).

80 22 U.S.C. 1475f. Sec. 209 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 53), added sec. 811.

81 22 U.S.C. 1475g. Sec. 206(a) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 693), added sec. 812. Sec. 206(b) of that Act further provided the following:

"(b) REDUCTIONS IN AMERICAN EMPLOYEES.-Reductions may not be made in the number of positions filled by American employees of the United States Information Agency stationed abroad until the number of such employees is the same percentage of the total number of American employees of the Agency as the number of American employees of the Agency stationed abroad in 1981 was to the total number of American employees at the Agency at the same time in 1981.".