Text: H.R.3497 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 3497 IH
102d CONGRESS
1st Session
 H. R. 3497
To place restrictions on United States assistance for El Salvador.
IN THE HOUSE OF REPRESENTATIVES
October 3, 1991
Mr. LEVINE of California (for himself, Mr. BERMAN, Mr. KOSTMAYER, and
Mr. FEIGHAN) introduced the following bill; which was referred to the
Committee on Foreign Affairs
A BILL
To place restrictions on United States assistance for El Salvador.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `El Salvador Peace, Security, and Justice
  Act of 1991'.
SEC. 2. 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.
SEC. 3. MAXIMUM LEVEL OF MILITARY ASSISTANCE.
  Of the funds made available for United States military assistance for fiscal
  year 1992, not more than $85,000,000 shall be available for El Salvador.
SEC. 4. TERMINATION OF MILITARY ASSISTANCE.
  (a) TERMINATION- Subject to subsection (b), United States military assistance
  may not be furnished to the Government of El Salvador if--
  (1) the President--
  (A) determines that the Government of El Salvador has rejected or otherwise
  ceased to support an active role for the Secretary General of the United
  Nations in mediating a permanent settlement and cease-fire to the armed
  conflict of El Salvador;
  (B) determines, after consultation with the Secretary General of the United
  Nations, that the Government of El Salvador has failed to negotiate in
  good faith to achieve a permanent settlement and cease-fire;
  (C) determines, after consultation with the Secretary General of the United
  Nations, that the Government of El Salvador has not acted in good faith
  to carry out the spirit and its portion of the political agreements made
  under the United Nations-brokered agreement of September 25, 1991;
  (D) determines that the Government of El Salvador has failed to conduct a
  thorough and professional investigation into, and prosecution of, all those
  responsible for the eight murders at the University of Central America on
  November 16, 1989, including involvement of Salvadoran military officials
  of a higher rank than Colonel Guerillmo Benavides in authorizing or covering
  up such crimes;
  (E) determines that 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; and
  (2) at least 15 days before assistance is terminated pursuant to this
  subsection, the President reports his determination under paragraph (1)
  in writing to the appropriate congressional committeess in accordance with
  the procedures applicable to reprogramming notifications under section
  634A of the Foreign Assistance Act of 1961.
  (b) CONDITION FOR RESUMPTION OF ASSISTANCE- Assistance terminated pursuant to
  subsection (a) may only be resumed pursuant to a law subsequently enacted
  by the Congress.
SEC. 5. WITHHOLDING OF MILITARY ASSISTANCE.
  (a) IN GENERAL- Fifty percent of the total United States military assistance
  allocated for El Salvador for fiscal year 1992, and 50 percent of the
  total United States military assistance allocated for El Salvador for
  previous fiscal years which has not been obligated, expended, delivered,
  or otherwise made available to the Government of El Salvador, shall be
  withheld from obligation, expenditure, delivery, or other availability (as
  the case may be) except as provided in subsections (b) and (c) and section 7.
  (b) RELEASE OF ASSISTANCE- Subject to sections 4, 6, 7, and 10, United
  States military assistance withheld pursuant to subsection (a) may be
  obligated, expended, delivered, or otherwise made available (as the case
  may be) only if--
  (1) the President--
  (A) determines, after consultation with the Secretary General of the United
  Nations, that the representatives of the FMLN--
  (i) have rejected or otherwise ceased to support an active role for the
  Secretary General of the United Nations in mediating a permanent settlement
  and cease-fire to the armed conflict of El Salvador,
  (ii) have failed to negotiate in good faith to achieve a permanent settlement
  and cease-fire to the conflict, or
  (iii) have not acted in good faith to carry out the spirit and its portion
  of the political agreements made under the United Nations-brokered agreement
  of September 25, 1991;
  (B) determines that the survival of the constitutional Government of
  El Salvador is being jeopardized by substantial and sustained offensive
  military actions or operations by the FMLN;
  (C) determines that 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 appropriate congressional
  committees; or
  (D) determines that the FMLN is assassinating or abducting civilian
  noncombatants, is engaging in other acts of violence directed at civilian
  targets, or is failing to control such activities by elements subject to
  FMLN control; and
  (2) at least 15 days before the obligation, expenditure, delivery,
  or other making available of assistance, the President notifies the
  appropriate congressional committees in writing in accordance with the
  procedures applicable to reprogramming notifications under section 634A
  of the Foreign Assistance Act of 1961.
  (c) PERIOD COVERED BY PRESIDENTIAL DETERMINATION- A determination under
  subsection (b) may be made only with respect to the activities of the
  FMLN occurring after the President's determination of January 15, 1991,
  pursuant to section 531(d)(2) of the Foreign Operations, Export Financing,
  and Related Programs Appropriations Act, 1991.
  (d) EXCEPTION- Notwithstanding any other provision of law, funds withheld
  pursuant to subsection (a) 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 section.
SEC. 6. CONDITION FOR TERMINATION OF ALL UNITED STATES ASSISTANCE.
  (a) TERMINATION- Subject to subsection (b), United States assistance may
  not be furnished to El Salvador if the duly elected Head of Government of
  El Salvador is deposed by military coup or decree.
  (b) CONDITION FOR RESUMPTION OF ASSISTANCE- Assistance terminated pursuant to
  subsection (a) may only be resumed pursuant to a law subsequently enacted
  by the Congress.
SEC. 7. ESTABLISHMENT OF A FUND FOR CEASE-FIRE MONITORING, DEMOBILIZATION,
AND TRANSITION TO PEACE.
  (a) 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 in El Salvador, including a cease-fire, and the
  demobilization of combatants in the conflict and their transition to peaceful
  pursuits. This fund shall be known as the `Demobilization and Transition
  Fund' (hereafter in this section referred to as the `Fund'). Amounts
  in the Fund shall be available for obligation and expenditure only upon
  notification by the President to the appropriate congressional committees
  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.
  (b) TRANSFER OF CERTAIN MILITARY ASSISTANCE FUNDS- Upon notification to
  the appropriate congressional committees of a permanent settlement of the
  conflict, including an agreement on a cease-fire, or on September 30, 1992,
  if no such notification has occurred before that date, the President shall
  transfer to the Fund any United States military assistance funds being
  withheld pursuant to section 5. In addition, the President may transfer
  to the Fund any additional United States military assistance that has
  been allocated for El Salvador for fiscal year 1992 that he determines
  necessary to carry out the purposes of this section.
  (c) 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 reemployment in civilian
  pursuits of former combatants in the conflict in El Salvador, and for the
  monitoring of the permanent settlement and cease-fire.
  (d) DURATION OF AVAILABILITY OF FUNDS- Notwithstanding any other provision of
  law, amounts transferred to the Fund shall remain available until expended.
SEC. 8. 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.
SEC. 9. SUPPORT FOR DEMOCRACY.
  (a) CONTINUATION OF PROGRAM- The Secretary of State, through agreement
  with the National Endowment for Democracy or other qualified organizations,
  shall continue to undertake programs of education, training, and dialogue for
  the purpose of strengthening democratic, political, and legal institutions
  in El Salvador.
  (b) INTERNATIONAL HUMAN RIGHTS MONITORING- The Secretary of State is
  authorized to cooperate fully with the United Nations Secretary General and
  with United Nation's efforts to implement provisions of the Human Rights
  Accord, which was agreed to by the Government of El Salvador and the FMLN
  on July 26, 1990, during the fourth session of the United Nations-mediated
  negotiations, and, in particular, to provide assistance in support of the
  deployment of the United Nations Observer Force in El Salvador.
  (c) ASSISTANCE- Of the amounts made available for economic support fund
  assistance for fiscal year 1992, up to $10,000,000 may be used to carry
  out this section and, at the direction of the Secretary of State, may be
  used pursuant to subsection (b) to provide assistance for the deployment
  or activities of the United Nations Observer Force in El Salvador.
SEC. 10. INVESTIGATION OF MURDERS.
  Of the amounts made available for United States military assistance for El
  Salvador for fiscal year 1992, $5,000,000 may not be expended until the
  President certifies to the appropriate congressional committees that the
  Government of El Salvador has pursued all legal avenues to fully investigate,
  bring to trial, and obtain verdicts against--
  (1) those responsible for the January 1981 deaths of the two United States
  land reform consultants Michael Hammer and Mark Pearlman and the Salvadoran
  Land Reform Institute Director Jose Rodolfo Viera;
  (2) those who ordered and carried out the September 1988 massacre of ten
  peasants near the town of San Francisco, El Salvador;
  (3) those who ordered and carried out the November 1989 murders of six
  Jesuit priests and their associates; and
  (4) those responsible for the deaths of the ten unionists who were killed
  during the October 31, 1989, bombing of the FENASTRAS headquarters.
SEC. 11. REPORTING REQUIREMENTS.
  The President shall, at the request of any of the appropriate congressional
  committees, submit a report periodically to such committee on the
  implementation of the provisions of this Act, including the status of the
  investigation into the politically motivated murders listed in section 10.
SEC. 12. DEFINITIONS.
  For purposes of this Act--
  (1) the term `appropriate congressional committees' means the Committee
  on Foreign Relations and the Committee on Appropriations of the Senate
  and the Committee on Foreign Affairs and the Committee on Appropriations
  of the House of Representatives;
  (2) the term `economic support fund assistance' means the assistance which
  is authorized to be provided under chapter 4 of part II of the Foreign
  Assistance Act of 1961;
  (3) the term `FMLN' means the Farabundo Marti Front for National Liberation;
  (4) 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(i)(4)) and includes United States military assistance; and
  (5) the term `United States military assistance' means--
  (A) assistance to carry out chapter 2 or chapter 5 of part II of the
  Foreign Assistance Act of 1961; and
  (B) assistance to carry out section 23 of the Arms Export Control Act.
SEC. 13. REPEAL.
  Section 531 of the Foreign Operations, Export Financing, and Related
  Programs Appropriations Act, 1991, is repealed.