assistance for el salvador

assistance for el salvador Sec. 531. (a) Statement of Policy.—United States military assistance to the Government of El Salvador shall seek three principal foreign policy objectives, as follows: (1) to promote a permanent settlement and cease-fire to the conflict in El Salvador, with the Secretary General of the United Nations serving as an active mediator between the opposing parties; (2) to foster greater respect for basic human rights, and the rule of law; and (3) to advance political accommodation and national reconciliation. (b) Maximum Level of Military Assistance.—Of the funds available for United States military assistance for fiscal year 1991, not more than $85,000,000 shall be made available for El Salvador. (c) Prohibition of Military Assistance.—(1) Prohibition.—Subject to paragraph (2), no United States military assistance may be furnished to the Government of El Salvador if the President determines and reports in writing to the Congress that— (A) after he has consulted with the Secretary General of the United Nations, the Government of El Salvador has declined to participate in good faith in negotiations for a permanent settlement and cease-fire to the armed conflict of El Salvador; 104 STAT. 2010 (B) the Government of El Salvador has rejected or otherwise failed to support an active role for the Secretary General of the United Nations in mediating that settlement; (C) the Government of El Salvador has rejected a plan for the settlement of the conflict which— (i) has been put forward by the Secretary General of the United Nations in accordance with the terms and procedures in the April 4, 1990 Geneva Communique and the May 21, 1990 Caracas Accord between the Government of El Salvador and the FMLN; (ii) includes a proposal for an internationally monitored cease-fire; and (iii) has been accepted, within 15 days from its announcement, by the FMLN and is being complied with by the FMLN; (D) the Government of El Salvador has failed to conduct a thorough and professional investigation into, and prosecution of those responsible for the eight murders at the University of Central America on November 16, 1989; or (E) the military and security forces of El Salvador are assassinating or abducting civilian noncombatants, are engaging in other acts of violence directed at civilian targets, or are failing to control such activities by elements subject to the control of those forces; or (F) the Government of El Salvador has failed to actively seek and encourage a law enforcement service from outside El Salvador, such as Scotland Yard or INTERPOL, to accompany and monitor investigators of the Government of El Salvador in their investigation into the eight murders at the University of Central America on November 16, 1989. (2) Requirement for resumption of assistance.—Assistance prohibited under paragraph (1) may only be resumed pursuant to a law subsequently enacted by the Congress. (d) Withholding of Military Assistance.—(1) In General.—Fifty per centum of the total United States military assistance allocated for El Salvador for fiscal year 1991 shall be withheld from obligation or expenditure (as the case may be) except as provided in paragraphs (2) and (3). (2) Release of Assistance.—The United States military assistance withheld pursuant to paragraph (1) may be obligated and expended only if the President determines and reports in writing to the Congress that— (A) after he has consulted with the Secretary General of the United Nations, the representatives of the FMLN— (i) have declined to participate in good faith in negotiations for a permanent settlement and cease-fire to the armed conflict in El Salvador, or (ii) have rejected or otherwise failed to support an active role for the Secretary General of the United Nations in mediating that settlement; (B) the FMLN has rejected a plan for the settlement of the conflict which— (i) has been put forward by the Secretary General of the United Nations in accordance with the terms and procedures in the April 4, 1990 Geneva Communique and the May 21, 1990 Caracas Accord between the Government of El Salvador and the FMLN; 104 STAT. 2011 (ii) includes a proposal for an internationally monitored cease-fire; and (iii) has been accepted, within 15 days from its announcement, by the Government of El Salvador and is being complied with by the Government of El Salvador; (C) the survival of the constitutional Government of El Salvador is being jeopardized by substantial and sustained offensive military actions or operations by the FMLN; (D) proof exists that the FMLN is continuing to acquire or receive significant shipments of lethal military assistance from outside El Salvador, and this proof has been shared with the Congress; or (E) the FMLN is assassinating or abducting civilian non-combatants, is engaging in other acts of violence directed at civilian targets, or is failing to control such activities by elements subject to FMLN control. (3) Exception.—Notwithstanding any other provision of law, funds withheld pursuant to paragraph (1) of this subsection may be disbursed to pay the cost of any contract penalties which may be incurred as a result of such withholding of funds under this subsection. (e) Condition for Termination of All United States Assistance.—(1) Prohibition.—Subject to paragraph (2), no United States assistance may be furnished to El Salvador if the duly-elected head of Government of El Salvador is deposed by military coup or decree. (2) Requirement for Resumption of Assistance.—Assistance prohibited under paragraph (1) may only be resumed pursuant to a law subsequently enacted by the Congress. (f) Establishment of a Fund for Cease-Fire Monitoring, Demobilization, and Transition to Peace.—(1) Establishment of Fund.—There is hereby established in the Treasury of the United States a fund to assist with the costs of monitoring a permanent settlement of the conflict, including a cease-fire, and the demobilization of combatants in the conflict in El Salvador, and their transition to peaceful pursuits, which shall be known as the “Demobilization and Transition Fund” (hereafter in this section referred to as the “Fund”). Amounts in this Fund shall be available for obligation and expenditure only upon notification by the President to the Congress that the Government of El Salvador and representatives of the FMLN have reached a permanent settlement of the conflict, including a final agreement on a cease-fire. (2) Transfer of Certain Military Assistance Funds.—Upon notification of the Congress of a permanent settlement of the conflict, including an agreement on a cease-fire, or on September 30, 1991, if no such notification has occurred prior to that date, the President shall transfer to the Fund any United States military assistance funds withheld pursuant to subsection (d) of this section. (3) Use of the Fund.—Notwithstanding any other provision of law, amounts in the Fund shall be available for El Salvador solely to support costs of demobilization, retraining, relocation, and re-employment in civilian pursuits of former combatants in the conflict in El Salvador, and of the monitoring of the permanent settlement and cease-fire. (4) Duration of Availability of Funds.—Notwithstanding any other provision of law, amounts transferred to the Fund shall remain available until expended. 104 STAT. 2012 (g) Strengthening Civilian Control Over the Military.—In order to strengthen the control of the democratically-elected civilian Government of El Salvador over the armed forces of that country, United States military assistance for any fiscal year may be delivered to the armed forces of El Salvador only with the prior approval of the duly elected President of El Salvador. (h) Support for Democracy.—(1) Establishing a Program.—The Secretary of State, through agreement with the National Endowment for Democracy or other qualified organizations, shall establish and carry out a program of education, training, and dialogue for the purpose of strengthening democratic political and legal institutions in El Salvador. (2) Election Monitoring.—Of the amounts made available to carry out this subsection, up to $2,000,000 may be used for support for monitoring the 1991 municipal and National Assembly elections in El Salvador, and for monitoring the registration and campaign processes leading up to those elections, by appropriate organizations such as the United Nations, the Organization of American States, the Carter Center, the National Democratic Institute for International Affairs, the National Republican Institute for International Affairs, and the Center for Electoral Assistance and Promotion (CAPEL) of San Jose, Costa Rica. (3) Assistance.—Up to $10,000,000 of funds appropriated under the heading “Economic Support Fund” for fiscal year 1991 may be used to carry out this subsection. (i) Reporting Requirements.—Sixty days after the date of enactment of this Act and every 180 days thereafter, the President shall submit to the Congress a report describing— (1) the willingness or unwillingness of the Government of El Salvador and the FMLN to negotiate seriously and in good faith for the purpose of achieving a permanent settlement to the conflict in El Salvador, including a cease-fire, and providing appropriate information regarding criteria described in subsections (c) and (d)(2); and (2) the status of investigations into the politically motivated murders listed in section 538 of this Act. (j) Definitions.—For purposes of this section— (1) the term “United States assistance” has the same meaning as is given to such term by section 481(i)(4) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(iX4)) and includes United States military assistance as defined in paragraph (2); and (2) the term “United States military assistance” means— (A) assistance to carry out chapter 2 (relating to grant military assistance) or chapter 5 (relating to international military education and training) of part II of the Foreign Assistance Act of 1961; and (B) assistance to carry out section 23 of the Arms Export Control Act.