special authorities

special authoritiesSec. 534. (a) Afghanistan, Pakistan, Lebanon, Montenegro, Victims of War, Displaced Children, and Displaced Burmese.—Funds appropriated by this Act that are made available for assistance for Afghanistan may be made available notwithstanding section 512 of this Act or any similar provision of law and section 660 of the Foreign Assistance Act of 1961, and funds appropriated in titles I and II of this Act that are made available for Lebanon, 118 STAT. 3006 Montenegro, Pakistan, and for victims of war, displaced children, and displaced Burmese, and to assist victims of trafficking in persons and, subject to the regular notification procedures of the Committees on Appropriations, to combat such trafficking, may be made available notwithstanding any other provision of law.(b) Tropical Forestry and Biodiversity Conservation Activities.—Funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part II, of the Foreign Assistance Act of 1961 may be used, notwithstanding any other provision of law, for the purpose of supporting tropical forestry and biodiversity conservation activities and energy programs aimed at reducing greenhouse gas emissions: Provided, That such assistance shall be subject to sections 116, 502B, and 620A of the Foreign Assistance Act of 1961.(c) Personal Services Contractors.—Funds appropriated by this Act to carry out chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign Assistance Act of 1961, and title II of the Agricultural Trade Development and Assistance Act of 1954, may be used by the United States Agency for International Development to employ up to 25 personal services contractors in the United States, notwithstanding any other provision of law, for the purpose of providing direct, interim support for new or expanded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained: Provided, That not more than 10 of such contractors shall be assigned to any bureau or office: Provided further, That such funds appropriated to carry out title II of the Agricultural Trade Development and Assistance Act of 1954, may be made available only for personal services contractors assigned to the Office of Food for Peace.(d)(1) Waiver.—The President may waive the provisions of section 1003 of Public Law 100–204 if the President determines and certifies in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate that it is important to the national security interests of the United States.(2) Period of Application of Waiver.—Any waiver pursuant to paragraph (1) shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act.(e) Small Business.—In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, the United States Agency for International Development may provide an exception to the fair opportunity process for placing task orders under such contracts when the order is placed with any category of small or small disadvantaged business.(f) Contingencies.—During fiscal year 2005, the President may use up to $45,000,000 under the authority of section 451 of the Foreign Assistance Act of 1961, notwithstanding the funding ceiling in section 451(a).(g) Reconstituting Civilian Police Authority.—In providing assistance with funds appropriated by this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from instability.(h) World Food Program.—Of the funds managed by the Bureau for Democracy, Conflict, and Humanitarian Assistance of 118 STAT. 3007 the United States Agency for International Development, from this or any other Act, not less than $6,000,000 shall be made available as a general contribution to the World Food Program, notwithstanding any other provision of law.(i) National Endowment for Democracy.—Funds appropriated by this Act that are provided to the National Endowment for Democracy may be provided notwithstanding any other provision of law or regulation.(j) Technical Amendment.—Section 201(a)(2) of the North Korean Human Rights Act of 2004 (Public Law 108–333) is amended by striking “paragraphs (1) through (4) of section 202(b)” and inserting “subparagraphs (A) through (D) of section 202(b)(1)”.(k) Report Modification.—Section 406(b)(4) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101–246; 22 U.S.C. 2414a(b)(4)) is amended by inserting after “United States” the following: “, including a separate listing of all plenary votes cast by member countries of the United Nations in the General Assembly on resolutions specifically related to Israel that are opposed by the United States”.(l) University Programs.—Notwithstanding any other provision of law, funds made available in this Act under the heading “Development Assistance” may be made available to American educational institutions for programs and activities in the People’s Republic of China relating to the environment, democracy, and the rule of law: Provided, That funds made available pursuant to this authority shall be subject to the regular notification procedures of the Committees on Appropriations. (m) Indochinese Parolees.—Section 586 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001 (8 U.S.C. 1255 note), as enacted into law by section 101(a) of Public Law 106–429, is amended—(1) by striking “Attorney General” each place that term appears and inserting “Secretary of Homeland Security”;(2) in subsection (a)—(A) in the matter preceding paragraph (1), by striking “she” and inserting “the Secretary of Homeland Security”; and(B) in paragraph (1), by striking “within three years after the date of promulgation by the Attorney General of regulations in connection with this title”;(3) in subsection (c), by striking “212(8)(A)” and inserting “212(a)(8)(A)”;(4) by striking subsection (d);(5) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively;(6) by adding at the end the following new subsection:“(f) Adjudication of Applications.—The Secretary of Homeland Security shall—“(1) adjudicate applications for adjustment under this section, notwithstanding any limitation on the number of adjustments under this section or any deadline for such applications that previously existed in law or regulation; and“(2) not charge a fee in addition to any fee that previously was submitted with such application.”; and(7) The amendments made by this subsection shall take effect as if enacted as part of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001.118 STAT. 3008(n) Extension of Authority.—Public Law 107–57, as amended, is further amended—(1) in section 1(b) by striking “2004” wherever appearing (including in the caption), and inserting “2005”;(2) in section 3(2), by striking “and 2004” and inserting “2004 and 2005”; and(3) in section 6, by striking “2004” and inserting “2005”.(o) Endowments.—(1) Of the funds appropriated by this Act and prior Acts making appropriations for foreign operations, export financing, and related programs, that are available for assistance for Cambodia, the following amounts should be made available as follows:(A) $2,000,000 for an endowment for a Cambodian nongovernmental organization to document genocide and crimes against humanity in Cambodia; and(B) $3,750,000 for an endowment for an American nongovernmental organization to sustain rehabilitation programs in Cambodia for persons suffering from physical disabilities.(2) Such organizations may place amounts made available under this subsection in interest bearing accounts and any interest earned on such investment shall be used for the purpose for which funds were made available under this subsection.(p) Extension of Authority.—Chapter 5 of title I of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11), is amended under the heading “Loan Guarantees to Israel”—(1) by striking “During the period beginning March 1, 2003, and ending September 30, 2005,” and inserting “During the period beginning March 1, 2003, and ending September 30, 2007,”; and(2) by striking “That if less than the full amount of guarantees authorized to be made available is issued prior to September 30, 2005,” and inserting “That if less than the full amount of guarantees authorized to be made available is issued prior to September 30, 2007,”.(q) Definition.—Section 603 of title VI of division D of the Consolidated Appropriations Act, 2004, Public Law 108–199, is amended by adding the following paragraph: “(8) Investments in the people.—The term “investments in the people” means government policies or programs of an eligible country that promote the health, education, and other factors which contribute to the well-being and productivity of their people, such as decent, affordable housing for all.”.