H. R. 4818—198
Montenegro, Pakistan, and for victims of war, displaced children,
and displaced Burmese, and to assist victims of trafficking in per-
sons 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 provi-
sions 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 pro-
grams 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: Pro-
vided, That not more than 10 of such contractors shall be assigned
to any bureau or office: Provided further, That such funds appro-
priated 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 Representa-
tives and the President pro tempore of the Senate that it is impor-
tant 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 indefi-
nite-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 insta-
bility.
(h) WORLD FOOD PROGRAM.—Of the funds managed by the
Bureau for Democracy, Conflict, and Humanitarian Assistance of
H. R. 4818—199
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, notwith-
standing any other provision of law.
(i) NATIONAL ENDOWMENT
FOR DEMOCRACY.—Funds appro-
priated 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 provi-
sion of law, funds made available in this Act under the heading
‘‘Development Assistance’’ may be made available to American edu-
cational 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 proce-
dures of the Committees on Appropriations.
(m) INDOCHINESE PAROLEES.—Section 586 of the Foreign Oper-
ations, 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 Home-
land Security shall—
‘‘(1) adjudicate applications for adjustment under this sec-
tion, notwithstanding any limitation on the number of adjust-
ments 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.