311
HR 3057 RS 
further, That the Advisory Board should be authorized to 
make programmatic decisions and evaluate the effectiveness 
of programs: Provided further, That funds made available 
pursuant to this section shall be subject to the regular notifi-
cation procedures of the Committees on Appropriations. 
ORPHANS, DISPLACED AND ABANDONED CHILDREN 
SEC. 6095. Of the funds appropriated under title III 
of this Act, not less than $3,000,000 shall be made available 
for pilot projects to improve the capacity of local govern-
ment agencies and nongovernmental organizations to pre-
vent abandonment, address the needs of orphans, displaced 
and abandoned children and provide permanent homes 
through family reunification, guardianship and domestic 
adoptions. 
FORENSIC ASSISTANCE 
SEC. 6096. Of the funds appropriated under title III 
of this Act, not less than $3,000,000 shall be made available 
through the Bureau of Democracy, Human Rights and 
Labor, Department of State, to support investigations, in-
cluding DNA analysis, in cases of extrajudicial killings and 
child disappearances in Central and South America: Pro-
vided, That funds appropriated under this section are in 
addition to funds otherwise made available for such pur-
poses.
312
HR 3057 RS 
COORDINATOR FOR INDIGENOUS PEOPLES ISSUES 
SEC. 6097. (a) After consultation with the Committees 
on Appropriations and not later than 90 days after enact-
ment of this Act, the Administrator of the United States 
Agency for International Development shall designate a 
‘‘Coordinator for Indigenous Peoples Issues’’ whose respon-
sibilities shall include the following—
(1) consulting with representatives of indigenous 
peoples organizations; 
(2) ensuring that the rights and needs of indige-
nous peoples are effectively addressed in United 
States Agency for International Development policies, 
programs and activities; 
(3) monitoring the design and implementation of 
United States Agency for International Development 
policies, programs and activities which directly or in-
directly affect indigenous peoples; and 
(4) coordinating with other Federal agencies on 
relevant issues relating to indigenous peoples. 
REPROGRAMMING OF FUNDS 
SEC. 6098. (a) None of the funds provided under title 
I of this Act, or provided under previous appropriations 
Acts to accounts under such title that remain available for 
obligation or expenditure in fiscal year 2006, or provided 
from any accounts in the Treasury of the United States 
derived by the collection of fees available to the agencies
313
HR 3057 RS 
funded by such title, shall be available for obligation or ex-
penditure through a reprogramming of funds that: (1) cre-
ates new programs; (2) eliminates a program, project, or 
activity; (3) increases funds or personnel by any means for 
any project or activity for which funds have been denied 
or restricted; (4) relocates an office or employees; (5) reorga-
nizes or renames offices; (6) reorganizes, programs or ac-
tivities; or (7) contracts out or privatizes any functions or 
activities presently performed by Federal employees; unless 
the Appropriations Committees of both Houses of Congress 
are notified 15 days in advance of such reprogramming of 
funds. 
(b) None of the funds provided under title I of this 
Act, or provided under previous appropriations Acts to ac-
counts under such title that remain available for obligation 
or expenditure in fiscal year 2006, or provided from any 
accounts in the Treasury of the United States derived by 
the collection of fees available to the agencies funded by such 
title, shall be available for obligation or expenditure for ac-
tivities, programs, or projects through a reprogramming of 
funds in excess of $750,000 or 10 percent, whichever is less, 
that: (1) augments existing programs, projects, or activities; 
(2) reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent 
as approved by Congress; or (3) results from any general
314
HR 3057 RS 
savings, including savings from a reduction in personnel, 
which would result in a change in existing programs, ac-
tivities, or projects as approved by Congress; unless the Ap-
propriations Committees of both Houses of Congress are no-
tified 15 days in advance of such reprogramming of funds. 
PEACEKEEPING MISSIONS 
SEC. 6099. None of the funds made available by this 
Act may be used for any United Nations undertaking when 
it is made known to the Federal official having authority 
to obligate or expend such funds that: (1) the United Na-
tions undertaking is a peacekeeping mission; (2) such un-
dertaking will involve United States Armed Forces under 
the command or operational control of a foreign national; 
and (3) the President’s military advisors have not sub-
mitted to the President a recommendation that such in-
volvement is in the national security interests of the United 
States and the President has not submitted to the Congress 
such a recommendation. 
UNOBLIGATED BALANCES REPORT 
SEC. 6100. Any Department or Agency to which funds 
are appropriated in this Act shall provide to the Commit-
tees on Appropriations a quarterly accounting of the cumu-
lative balances of any unobligated funds that were received 
by such agency during any previous fiscal year.
315
HR 3057 RS 
RESTRICTIONS ON UNITED NATIONS DELEGATIONS 
SEC. 6101. None of the funds made available in title 
I of this Act may be used to pay expenses for any United 
States delegation to any specialized agency, body, or com-
mission of the United Nations if such commission is chaired 
or presided over by a country, the government of which the 
Secretary of State has determined, for purposes of section 
6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. 
App. 2405(j)(1)), has provided support for acts of inter-
national terrorism. 
EMBASSY CONSTRUCTION 
SEC. 6102. (a) Except as provided in subsection (b), 
a project to construct a diplomatic facility of the United 
States may not include office space or other accommoda-
tions for an employee of a Federal agency or department 
if the Secretary of State determines that such department 
or agency has not provided to the Department of State the 
full amount of funding required by subsection (e) of section 
604 
of 
the 
Secure 
Embassy 
Construction 
and 
Counterterrorism Act of 1999 (as enacted into law by sec-
tion 1000(a)(7) of Public Law 106–113 and contained in 
appendix G of that Act; 113 Stat. 1501A–453), as amended 
by section 629 of the Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropria-
tions Act, 2005.
316
HR 3057 RS 
(b) Notwithstanding the prohibition in subsection (a), 
a project to construct a diplomatic facility of the United 
States may include office space or other accommodations 
for members of the Marine Corps. 
ALLOWANCES AND DIFFERENTIALS 
SEC. 6103. Funds appropriated under title I of this 
Act shall be available, except as otherwise provided, for al-
lowances and differentials as authorized by subchapter 59 
of title 5, United States Code; for services as authorized by 
5 U.S.C. 3109; and for hire of passenger transportation 
pursuant to 31 U.S.C. 1343(b). 
TRANSFER AUTHORITY 
SEC. 6104. Not to exceed 5 percent of any appropria-
tion made available for the current fiscal year for the De-
partment of State in title I of this Act may be transferred 
between such appropriations, but no such appropriation, 
except as otherwise specifically provided, shall be increased 
by more than 10 percent by any such transfers: Provided, 
That not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Broadcasting 
Board of Governors in this Act may be transferred between 
such appropriations, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more 
than 10 percent by any such transfers: Provided further, 
That any transfer pursuant to this section shall be treated 
as a reprogramming of funds under section 6088 of this
317
HR 3057 RS 
Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that 
section. 
UNITED STATES CITIZENS BORN IN JERUSALEM 
SEC. 6105. For the purposes of registration of birth, 
certification of nationality, or issuance of a passport of a 
United States citizen born in the city of Jerusalem, the Sec-
retary of State shall, upon request of the citizen, record the 
place of birth as Israel. 
SENIOR POLICY OPERATING GROUP 
SEC. 6106. (a) The Senior Policy Operating Group on 
Trafficking in Persons, established under section 406 of di-
vision B of Public Law 108–7 to coordinate agency activi-
ties regarding policies (including grants and grant policies) 
involving the international trafficking in persons, shall co-
ordinate all such policies related to the activities of traf-
fickers and victims of severe forms of trafficking. 
(b) None of the funds provided in this or any other 
Act shall be expended to perform functions that duplicate 
coordinating responsibilities of the Operating Group. 
(c) The Operating Group shall continue to report only 
to the authorities that appointed them pursuant to section 
406 of division B of Public Law 108–7. 
STATE DEPARTMENT AUTHORITIES 
SEC. 6107. Funds appropriated under title I of this 
Act for the Broadcasting Board of Governors and the De-
318
HR 3057 RS 
partment of State may be obligated and expended notwith-
standing section 15 of the State Department Basic Authori-
ties Act of 1956, section 313 of the Foreign Relations Au-
thorization Act, Fiscal Years 1994 and 1995 (Public Law 
103–236), and section 504(a)(1) of the National Security 
Act of 1947 (50 U.S.C. 414(a)(1)). 
REPORT ON INDONESIAN COOPERATION 
SEC. 6108. Funds available under the heading ‘‘Inter-
national Military Education and Training’’ may only be 
made available for assistance for Indonesia if the Secretary 
of State submits a report to the Committees on Appropria-
tions that describes—
(1) the status of the investigation of the murders 
of two United States citizens and one Indonesian cit-
izen that occurred on August 31, 2002 in Timika, In-
donesia, the status of any individuals indicted within 
the United States or Indonesia for crimes relating to 
those murders, and the status of judicial proceedings 
relating to those murders; 
(2) the efforts by the Government of Indonesia to 
arrest individuals indicted for crimes relating to those 
murders and any other actions taken by the Govern-
ment of Indonesia, including the Indonesian judici-
ary, police and Armed Forces, to bring the individ-
uals responsible for those murders to justice; and,
319
HR 3057 RS 
(3) the cooperation provided by the Government 
of Indonesia, including the Indonesian judiciary, po-
lice and Armed Forces, to requests related to those 
murders made by the Secretary of State or the Direc-
tor of the Federal Bureau of Investigation. 
WEST PAPUA REPORT 
SEC. 6109. Not later than 90 days after enactment of 
this Act, the Secretary of State shall submit a report to 
the Committee on Appropriations, describing—
(1) the approximate number of Indonesian 
troops in West Papua including trends in the number 
and deployment of security forces, the approximate 
number of armed separatists, and progress toward a 
political settlement of the conflict there including ini-
tiatives from Papuan civil society such as the ‘‘land 
of peace’’ proposal; 
(2) current humanitarian and human rights 
conditions in West Papua, including access for inter-
national and domestic humanitarian and human 
rights groups and the media; 
(3) the extent to which international funding for 
reconstruction in Aceh is being contracted or subcon-
tracted to firms controlled by or affiliated with the 
Indonesian military, and the involvement of Acehnese 
local and provincial government and civil society in
320
HR 3057 RS 
planning and decision-making in reconstruction ef-
forts; 
(4) human rights conditions in Aceh, the approx-
imate number of Indonesian troops in Aceh including 
trends in the number and deployment of security 
forces, and efforts by the United States Government to 
promote a political settlement of the conflict; and 
(5) activities of militia, including jihadist-ori-
ented militia, and the extent to which members of In-
donesia’s security forces support these militia. 
DEMOBILIZATION OF FOREIGN TERRORIST ORGANIZATIONS 
SEC. 6110. (a) CERTIFICATION.—Funds appropriated 
by this Act that are available for assistance for Colombia 
may not be made available for demobilization/reintegration 
of any Colombian-based foreign terrorist organization 
(FTO) or its members, unless it is for limited activities that 
are determined by the Justice Department to be consistent 
with United States anti-terrorism laws, and the Secretary 
of State certifies to the Committees on Appropriations that: 
(1) The Government of Colombia has not adopted 
any law or policy that is inconsistent with its obliga-
tions under the United States-Colombian treaty on 
extradition, and has continued to extradite Colom-
bian citizens to the United States, including members 
and former members of such FTO’s, in accordance 
with that treaty;
321
HR 3057 RS 
(2) The Colombian legal framework governing 
the demobilization/reintegration of such FTO or its 
members: 
(A) provides for effective investigation, pros-
ecution and punishment, in proportion to the 
crimes committed, of gross violations of humani-
tarian law and drug trafficking committed by 
members of such FTO’s; 
(B) conditions sentence reductions for each 
member of such FTO on a full and truthful con-
fession of his involvement in criminal activity; 
full disclosure of his knowledge of the FTO’s 
structure, financing sources, and illegal assets; 
and turnover of the totality of his illegal assets; 
(C) conditions sentence reductions for each 
commander of such FTO on a cessation of illegal 
activity by the troops under his command and 
on the group’s turnover of the totality of its ille-
gal assets; and 
(D) provides that members of such FTO will 
lose all sentence reductions under the law if they 
are subsequently found to have withheld illegal 
assets, lied to the authorities about their crimi-
nal activities in the group, rejoined the same or
322
HR 3057 RS 
another FTO, or engaged in new illegal activi-
ties. 
(3) An inter-agency working group consisting of 
representatives from the Drug Enforcement Adminis-
tration, the Department of Justice, and the Depart-
ments of State and Defense has consulted with local 
and national Colombian law enforcement and mili-
tary authorities, representatives from the Office of the 
United Nations High Commissioner for Human 
Rights in Colombia, and representatives of Colombian 
civil society organizations, and has independently 
concluded in a detailed report submitted to the Com-
mittees on Appropriations, based on the best informa-
tion available to the interagency working group, that: 
(A) the FTO is not violating any ceasefire 
and has ceased illegal activities, including narco-
trafficking, extortion, and violations of inter-
national humanitarian law; 
(B) the FTO’s criminal and financial struc-
ture is being destroyed and the FTO, or any 
part thereof, is not regrouping to continue illegal 
activities; 
(C) the Government of Colombia is con-
ducting effective investigations and prosecutions 
of the commanders of the FTO’s for crimes, in-
323
HR 3057 RS 
cluding violations of international humanitarian 
law, attributable to them, and, when appro-
priate, extraditing them to the United States; 
(D) the Government of Colombia is aggres-
sively implementing an effective procedure to lo-
cate and confiscate illegal assets, held directly or 
through third parties, by the FTO and its mem-
bers, such as land, laboratories, and other assets 
used for the cultivation, processing, and trans-
portation of illegal narcotics; and 
(E) the Government of Colombia is enforc-
ing FTO ceasefires by barring individuals who 
are credibly accused of crimes in breach of any 
such ceasefire from receiving benefits for demobi-
lization. 
(b) CONSULTATIVE PROCESS.—Prior to issuing any 
certification under this section, the Secretary of State shall 
consult with internationally recognized human rights orga-
nizations and the Office of the United Nations High Com-
missioner for Human Rights in Colombia regarding each 
of the conditions specified in this section. 
(c) DEFINITIONS.—In this section: 
(1) ILLEGAL ASSETS.—The term ‘‘illegal assets’’ 
means any and all assets that FTO’s or their mem-
324
HR 3057 RS 
bers possess either directly or through third parties, 
and that—
(A) were acquired through or as a result of 
criminal activity; or 
(B) were in the past or are at present being 
used for criminal activities, including the pro-
duction, processing, and trafficking of illicit nar-
cotics. 
(2) 
COMMANDER.—The 
term 
‘‘commander’’ 
means any person who formally or in practice com-
mands or leads a substantial front or block of an 
FTO. 
(3) FOREIGN
TERRORIST
ORGANIZATION.—The 
term ‘‘Foreign Terrorist Organization’’ or ‘‘FTO’’ 
means any and all groups that were or are, as of the 
time of certification, on the Department of State’s list 
of Foreign Terrorist Organizations, including the 
United Self-Defense Forces of Colombia (AUC), Revo-
lutionary Armed Forces of Colombia (FARC), and the 
National Liberation Army (ELN). 
ASSISTANCE FOR FOREIGN NONGOVERNMENTAL 
ORGANIZATIONS 
SEC. 6111. Notwithstanding any other provision of 
law, regulation, or policy, in determining eligibility for as-
sistance authorized under part I of the Foreign Assistance
325
HR 3057 RS 
Act of 1961 (22 U.S.C. 2151 et seq.), foreign nongovern-
mental organizations— 
(1) shall not be ineligible for such assistance sole-
ly on the basis of health or medical services including 
counseling and referral services, provided by such or-
ganizations with non-United States Government 
funds if such services do not violate the laws of the 
country in which they are being provided and would 
not violate United States Federal law if provided in 
the United States; and 
(2) shall not be subject to requirements relating 
to the use of non-United States Government funds for 
advocacy and lobbying activities other than those that 
apply to United States nongovernmental organiza-
tions receiving assistance under part I of such Act. 
STATEMENT 
SEC. 6112. (a) Funds provided in this Act for the fol-
lowing accounts shall be made available for programs and 
countries in the amounts contained in the respective tables 
included in the report accompanying this Act: 
‘‘International Fisheries Commission’’. 
‘‘International Broadcasting Operations’’. 
‘‘Broadcasting Capital Improvements’’. 
‘‘Assistance for Eastern Europe and the Baltic 
States’’.
326
HR 3057 RS 
‘‘Assistance for the Independent States of the 
Former Soviet Union’’. 
‘‘Global HIV/AIDS Initiative’’. 
‘‘Foreign Military Financing Program’’. 
‘‘International Organizations and Programs’’. 
(b) Any proposed increases or decreases to the amounts 
contained in such tables in the accompanying report shall 
be subject to the regular notification procedures of the Com-
mittees on Appropriations and section 634A of the Foreign 
Assistance Act of 1961.
This Act may be cited as the ‘‘Department of State, 
Foreign Operations, and Related Programs Appropriations 
Act, 2006’’.
Amend the title so as to read: ‘‘An Act making ap-
propriations for the Department of State, foreign oper-
ations, and related programs for the fiscal year ending 
September 30, 2006, and for other purposes.’’.
Calendar No. 150
109TH CONGRESS 
1ST SESSION 
H.R. 3057
[Report No. 109–96] 
AN ACT 
Making appropriations for foreign operations, ex-
port financing, and related programs for the fis-
cal year ending September 30, 2006, and for 
other purposes. 
JUNE 29, 2005
Received; read twice and referred to the Committee on 
Appropriations 
JUNE 30, 2005
Reported with an amendment and an amendment to the 
title