Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004

Authorizes the availability of IMET funds for Cambodia only if at least 15 days before their obligation the Secretary of State provides to the Committees on Appropriations a list of those individuals who have been credibly alleged to have ordered or carried out extrajudicial and political killings during the March 1997 grenade attack against the Khmer Nation Party, the July 1997 coup d'etat, and election-related violence that occurred during the 1998, 2002, and 2003 elections in Cambodia.

Prohibits the use of funds under this Act to provide assistance to any tribunal established by the Government of Cambodia unless the Secretary of State certifies to the Committees on Appropriations that the perpetrators of the March 1997 grenade attack and election-related killings, including former parliamentarian Om Radsady, have been arrested and prosecuted.

(Sec. 661) Directs the Secretaries of Defense and of State to report jointly to Congress on all overseas military training provided to, and proposed to be provided to, foreign military personnel under programs administered by the Defense and State Departments during FY 2003 and 2004.

(Sec. 662) Authorizes the availability of ESF funds to establish and operate one or more enterprise funds in the Middle East region for the purpose of supporting the private sectors in that region, subject to the same requirements and limitations as apply to enterprise funds for Poland and Hungary under the Support for East European Democracy (SEED) Act of 1989. Requires the President, before obligating any funds for enterprise fund purposes, and biannually after establishment of a fund, to certify to the Committees on Appropriations that: (1) the enterprise fund has taken all appropriate steps to ensure that amounts appropriated are not provided to or through any individual or entity that the fund management knows or has reason to believe advocates, plans, sponsors, or engages in, or has engaged in, terrorist activity; (2) the enterprise fund furthers U.S. commercial interests in the region; and (3) the enterprise fund is managed in a fiscally responsible manner.

(Sec. 663) Bars the use of funds appropriated by this Act to support a Palestinian state unless the Secretary of State certifies to the appropriate congressional committees that: (1) a new leadership of a Palestinian governing entity has been democratically elected through elections; (2) such entity has demonstrated a commitment to peaceful coexistence with Israel and is taking appropriate measures to counter terrorism; (3) has established a new Palestinian security entity that is fully cooperative with appropriate Israeli and other appropriate security organizations; and (4) has taken appropriate measures to enact a constitution assuring the rule of law and other reforms assuring transparent and accountable governance. Authorizes the President to waive these requirements in the U.S. national security interest.

(Sec. 664) Makes half the funds appropriated by this Act for assistance for the Colombian Armed Forces available immediately, and the balance available in quarters only after the Secretary of State has certified to the appropriate congressional committees that such armed forces are cooperating in specified ways in bringing to justice those members of the armed forces who have committed gross violations of human rights, including extrajudicial killings.

(Sec. 665) Prohibits the Secretary of State from issuing a visa to any alien who the Secretary determines has willfully provided (or conspired to provide) support to FARC, ELN, or AUC. Provides for waiver of such prohibition. (Sec. 666) Bars the use of funds appropriated under this Act to provide equipment, technical support, consulting services, or any other assistance to the Palestinian Broadcasting Corporation. (Sec. 667) Makes ESF funds available for assistance for Iraq, earmarking at least $10 million for investigations of human rights violations by the former Iraq regime, including excavation of mass graves. Waives application to countries providing assistance to Iraq of the prohibition under the Foreign Assistance Act of 1961 against the use of funds to facilitate in any way the sale of M-833 antitank shells or any comparable antitank shells containing a depleted uranium penetrating component to any country but a member of the North Atlantic Treaty Organization (NATO), a major non-NATO ally, or Taiwan. (Sec. 668) Requires the Secretary of State, 30 days before obligation of FY 2004 ESF funds for the bilateral West Bank and Gaza Program, to certify to the appropriate congressional committees that procedures have been established to ensure that the Comptroller General will have access to appropriate U.S. financial information in order to review the use of such funds under the Program. Directs the Secretary, prior to the obligation of such funds, to take appropriate steps to ensure that such assistance is not provided to any individual or entity that the Secretary knows or has reason to believe advocates, plans, sponsors, engages in, or has engaged in, terrorist activity. Earmarks an amount for the Office of the Inspector General of USAID for audits, inspections, and other activities in furtherance of compliance with the requirements of this section. (Sec. 669) Makes foreign military financing program funds available to Indonesia, and authorizes the issuance of licenses for the export of lethal defense articles for the Indonesian Armed Forces, only if the President certifies to the appropriate congressional committees that: (1) the Indonesian Minister of Defense is suspending from the Armed Forces those members who have committed gross violations of human rights, or who have aided or abetted militia groups; (2) the Indonesian Government is prosecuting such individuals; (3) the Indonesian Armed Forces are cooperating with civilian prosecutors and judicial authorities in such cases; (4) the Indonesian Government and Armed Forces are cooperating with the Federal Bureau of Investigation's investigation of the killing and wounding of American and Indonesian citizens in Papua on August 31, 2002; and (5) the Minister of Defense is making publicly available audits of receipts and expenditures of the Indonesian Armed Forces. (Sec. 670) Bars the use of funds appropriated by this Act for assistance for the government of any country for which the Secretary of State has determined there is credible evidence that it has aided or abetted, within the previous six months, in the illicit distribution, transportation, or sale of diamonds mined in Sierra Leone or Liberia. (Sec. 671) Authorizes the President to reduce amounts owed to the United States by eligible countries as a result of: (1) shelter guarantees made pursuant to the Foreign Assistance Act of 1961; (2) credits extended or guarantees issued under the Arms Export Control Act; and (3) any obligation (or portion) to pay for purchases of U.S. agricultural commodities guaranteed by the Commodity Credit Corporation. Permits exercise of such authority only: (1) to implement multilateral official debt relief and referendum agreements known as the Paris Club Agreed Minutes; and (2) with respect to countries with heavy debt burdens that are eligible to borrow from the International Development Association (but not from the International Bank for Reconstruction and Development) (IDA-only countries). Prescribes additional conditions for the exercise of such authority. (Sec. 672) Authorizes the President to engage in certain debt buybacks or sales. Authorizes sale, reduction, or cancellation of certain loans to foreign governments, upon receipt of payment from an eligible purchaser that plans to use such loans only for the purposes of engaging in debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps. Limits such authority to funds appropriated by this Act under the heading of debt restructuring. (Sec. 673) Earmarks a specified amount of international organization and program funds for the UN Population Fund (UNFPA) (except for China), unless the President determines that UNFPA supports or participates in the management of a program of coercive abortion or involuntary sterilization. Conditions the availability of such funds for abortions and abortion-related activities. (Sec. 674) Makes funds available for assistance for the central Government of Uzbekistan only if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Uzbekistan is making substantial and continuing progress in meeting its commitments under the Declaration on the Strategic Partnership and Cooperation Framework Between the Republic of Uzbekistan and the United States of America, including respect for human rights, establishing a genuine multiparty system, and ensuring free and fair elections, freedom of expression, and the independence of the media. Makes funds available for assistance for the Government of Kazakhstan only if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Kazakhstan has made significant improvements in the protection of human rights during the preceding six-month period.

Authorizes the Secretary of State to waive these requirements in the U.S. national security interest.

Directs the Secretary to report to the Committees on Appropriations on the defense articles, defense services, and financial assistance provided by the United States: (1) to the countries of Central Asia (Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and Turkmenistan) during the previous six-month period;and (2) their use during such period by units of the armed forces, border guards, or other security forces of such countries.

(Sec. 675) Authorizes the commercial leasing of defense articles (instead of the government-to-government sale) to Israel, Egypt, NATO, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons. (Sec. 676) Bars the use of funds made available by this Act for assistance (except humanitarian assistance and assistance for democratization) for, and requires the Secretary of the Treasury to instruct the U.S. executive directors to the international financial institutions to vote against the extension of any assistance to any country (Bosnia and Herzegovina, Croatia, and Serbia), entity (the Federation of Bosnia and Herzegovina, Kosovo, Montenegro, and the Republika Srpska), or municipality that has failed to take necessary steps to implement its international legal obligations to apprehend and transfer to the International Criminal Tribunal for the Former Yugoslavia all persons in their territory who have been indicted by the Tribunal. (Sec. 677) Directs the Secretary of the Treasury to instruct the U.S. executive directors at specified international financial institutions to oppose any loan, grant, strategy, or policy that would require user fees or service charges on poor people for primary education or primary health care, including prevention and treatment efforts for HIV/AIDS, malaria, tuberculosis, and infant, child, and maternal well-being, in connection with the institution's lending programs. (Sec. 678) Makes funds appropriated by this Act available for assistance for Serbia if the President determines and certifies to the Committees on Appropriations that the Government of the Federal Republic of Yugoslavia (or a successor state) is: (1) cooperating with the International Criminal Tribunal for Yugoslavia, including regarding the surrender and transfer of indictees or assistance in their apprehension; (2) taking steps consistent with the Dayton Accords to end Serbian financial, political, security and other support which has served to maintain separate Republika Srpska institutions; and (3) taking steps to implement policies which reflect a respect for minority rights and the rule of law, including the release of political prisoners from Serbian jails and prisons. Declares that such requirements shall not apply to Montenegro, Kosovo, humanitarian assistance, or assistance to promote democracy in municipalities. (Sec. 679) Directs the Secretary of the Treasury to instruct the U.S. executive director of each multilateral development bank or subsidiary or window thereof (Bank) not to vote in favor of any action the Bank proposes to take unless at least 45 days before consideration by the Bank's board of directors, the Secretary of State has determined that: (1) the Bank is implementing regular, independent external audits of internal management controls and procedures for meeting operational objectives, complying with Bank policies, and preventing fraud, and is making reports on such audits available to the public at least annually; (2) any proposed loan, credit, or grant agreement has been published and includes the resources and conditionality necessary to ensure that the borrower complies with applicable laws in carrying it out, including laws pertaining to the integrity and transparency of the process; and (3) such Bank is implementing effective procedures for the receipt, retention, and treatment of complaints regarding fraud, accounting, mismanagement, internal accounting controls, or auditing matters, as well as the confidential, anonymous submission by Bank employees of concerns regarding such matters. (Sec. 680) Recommends that specified International Narcotics Control and Law Enforcement funds be made available for preliminary work by the Department of State, or another designated entity, to establish cooperation with appropriate agencies of the Government of Cuba on counter-narcotics matters, including mutual assistance in the interdiction of illicit drugs being transported through Cuba airspace or over Cuba waters. Bars the availability of such funds if the President certifies that: (1) Cuba does not have in place appropriate procedures to protect against the loss of innocent life in the air and on the ground in connection with the interdiction of illegal drugs; and (2) there is evidence of involvement of the Government of Cuba in drug trafficking. (Sec. 681) Authorizes the use of foreign assistance funds to enhance the effectiveness and accountability of civilian police authority in Jamaica and El Salvador through training and technical assistance in internationally recognized human rights, the rule of law, strategic planning, and through the promotion of civilian police roles that support democratic governance, including programs to prevent conflict and foster improved police relations with the community. (Sec. 682) Prohibits the use of funds under this Act by OPIC to insure, reinsure, guarantee, or finance any investment in connection with a project involving the mining, polishing or other processing, or sale of diamonds in a country that fails to implement the recommendations, obligations and requirements developed by the Kimberley Process on conflict diamonds. Prohibits the use of funds under this Act by the Export-import Bank of the United States to guarantee, insure, extend credit, or participate in an extension of credit in connection with the export of any goods to a country for use in an enterprise involving the mining, polishing or other processing, or sale of diamonds in a country that likewise fails to implement such recommendations, obligations and requirements.

(Sec. 683) Urges the declassification and publication as soon as possible of information relevant to the December 2, 1980, murders of four American churchwomen in El Salvador, and the May 5, 2001, murder of Sister Barbara Ann Ford and the murders of other American citizens in Guatemala since December 1999.

(Sec. 684) Makes specified ESF and Assistance for Eastern Europe and the Baltic States funds available to support conflict resolution programs and activities which bring together individuals of different ethnic, religious, and political backgrounds from areas of civil conflict and war.

(Sec. 685) Makes certain ESF, Development Assistance, and Child Survival and Health Programs Fund amounts available for assistance for Nicaragua, with priority given to programs to provide alternative means of income for subsistence farmers and to promote judicial reform.

(Sec. 686) Directs the Secretary of State to report to the Committees on Appropriations on U.S. progress toward meeting specified objectives, including adopting a global strategy to deal with the international coffee crisis and measures to support and complement multilateral efforts to respond to the international coffee crisis.

(Sec. 687) Prohibits the availability of funds under this Act for assistance for the central Government of Venezuela, except democracy and rule of law assistance, if the Secretary of State certifies to the Committees on Appropriations that it is assisting, harboring, or providing sanctuary for Colombian terrorist organizations. Makes certain ESF funds available for democracy and rule of law assistance for Venezuela.

(Sec. 688) Directs the USAID Administrator to: (1) seek to ensure that programs, projects, and activities administered by USAID in Iraq and Afghanistan comply fully with USAID's "Policy Paper: Disability" issued on September 12, 1997; (2) report to the Committees on Appropriations on the manner in which the needs of people with disabilities were met in the development and implementation of USAID programs, projects, and activities in Iraq and Afghanistan in FY 2004; and (3) develop and implement appropriate standards for access for people with disabilities for construction projects funded by USAID.

(Sec. 689) Permits the availability to the central Government of Thailand of certain funds under this Act only if the Secretary of State determines and reports to the Committees on Appropriations that it: (1) supports the advancement of democracy in Burma and is taking action to sanction the military junta in Rangoon; (2) is not hampering the delivery of humanitarian assistance to people in Thailand who have fled Burma; and (3) is not forcibly repatriating Burmese to Burma.

(Sec. 690) Amends the Emergency Supplemental Act, 2000 to change from monthly to quarterly the President's required report to the appropriate congressional committees (currently, to Congress) on the aggregate number, locations, activities, and lengths of assignment for all temporary and permanent U.S. military personnel and U.S. individual civilians retained as contractors involved in the antinarcotics campaign in Colombia.

(Sec. 691) Declares that, in the determination of eligibility for assistance under the Foreign Assistance Act of 1961, foreign NGOs: (1) shall not be ineligible for such assistance solely on the basis of health or medical services including counseling and referral services they provide with non-U.S. Government funds if such services do not violate the laws of the country in which they are being provided and would not violate U.S. Federal law if provided in the United States; and (2) shall not be subject to requirements relating to the use of non-U.S. Government funds for advocacy and lobbying activities other than those that apply to U.S. NGOs receiving assistance under such Act.