Text: H.R.3782 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 3782 IH
102d CONGRESS
1st Session
 H. R. 3782
To promote peace and reconciliation in El Salvador.
IN THE HOUSE OF REPRESENTATIVES
November 14, 1991
Mr. MOAKLEY (for himself, Mr. MURTHA, Mr. MCHUGH, Mr. OBEY, Mr. FASCELL,
Mr. BONIOR, Mr. TORRICELLI, Mr. GEPHARDT, Mr. HAMILTON, Mr. SOLARZ, Mr. WEISS,
Mr. STUDDS, Mr. LEVINE of California, Mrs. BOXER, Mr. GREEN of New York,
Mr. RAVENEL, Mrs. MORELLA, and Mr. SHAYS) introduced the following bill;
which was referred to the Committee on Foreign Affairs
A BILL
To promote peace and reconciliation in El Salvador.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. ASSISTANCE FOR EL SALVADOR.
  (a) DECLARATIONS REGARDING EL SALVADOR- The Congress--
  (1) finds that the New York Agreement, signed by the Government of El
  Salvador and the Frente Farabundo Marti para la Liberacion Nacional
  (hereinafter in this section referred to as the `FMLN'), is a welcome
  development that sets the stage for accelerated negotiations that could
  lead to a final resolution of the conflict in El Salvador;
  (2) commends the negotiators, led by President Alfredo Cristiani and the
  FMLN General Command, for their perseverance and spirit of compromise,
  without which this preliminary agreement would not have been possible;
  (3) commends Secretary General Javier Perez de Cuellar and his personal
  representative to the talks, Alvaro de Soto, for the crucial role they
  played in helping to bring the parties to this preliminary agreement;
  (4) calls upon all the parties to continue and accelerate their efforts
  to achieve a comprehensive agreement to end the war in El Salvador;
  (5) renews its support for the role of the United Nations in helping to
  achieve such an agreement;
  (6) calls upon the President to work closely and cooperatively with the
  Congress in fashioning a future assistance policy for El Salvador that
  supports the efforts of those seeking a negotiated solution to the conflict
  and that contributes to national reconstruction and reconciliation;
  (7) condemns the atmosphere in which the trial of those charged in connection
  with the murders at the University of Central America on November 16, 1989,
  was conducted, and expresses its continuing concern that the Government
  of El Salvador has not conducted a thorough and professional investigation
  into this crime; and
  (8) condemns the failure of the FMLN to meet its obligations under
  international law to bring to justice those responsible for the murders of
  United States Private First Class Ernest G. Dawson, Junior, and Lieutenant
  Colonel David Pickett, and calls upon the FMLN to turn those responsible
  for the murders over to the appropriate legal authorities in the United
  States or El Salvador for prosecution.
  (b) OBJECTIVES OF ASSISTANCE FOR EL SALVADOR- United States assistance
  to El Salvador shall continue to seek to achieve the following three
  principal foreign policy objectives: (1) to promote a permanent settlement
  to the conflict in El Salvador, including a cease-fire, with the Secretary
  General of the United Nations and his representatives serving as active
  mediators between the contending parties; (2) to foster greater respect
  for basic human rights and the rule of law; and (3) to advance political
  accommodation, economic reconstruction, and national reconciliation.
  (c) AVAILABILITY OF MILITARY ASSISTANCE- Funds made available for
  United States military assistance for El Salvador in fiscal year 1992 in
  excess of $21,000,000 may be obligated only if, at least 15 days prior
  to the obligation of funds, the President submits a notification to the
  Committees on Appropriations, the Committee on Foreign Affairs of the
  House of Representatives, and the Committee on Foreign Relations of the
  Senate in accordance with the regular reprogramming procedures of those
  committees. Any such notification shall include a detailed description of
  how the funds proposed to be obligated will be used and how such use will
  contribute to advancing the objectives described in subsection (b).
  (d) DEMOBILIZATION AND TRANSITION FUND-
  (1) AUTHORITY TO TRANSFER FUNDS- Funds made available for United
  States military assistance in fiscal year 1992 may be transferred to the
  Demobilization and Transition Fund for El Salvador established by section
  531(f)(1) of the Foreign Operations, Export Financing, and Related Programs
  Appropriations Act, 1991.
  (2) USE OF FUNDS; NOTIFICATION- Funds transferred under paragraph (1) of
  this subsection shall be available, notwithstanding any other provision of
  law, only for El Salvador to support costs of demobilization, retraining,
  relocation, and reemployment in civilian pursuits of former combatants
  in the conflict in El Salvador. Such funds, and any funds previously
  transferred to the Fund, may be obligated only if--
  (A) at least 15 days prior to obligation, the President submits a
  notification to the Committees on Appropriations, the Committee on Foreign
  Affairs of the House of Representatives, and the Committee on Foreign
  Relations of the Senate in accordance with the regular reprogramming
  procedures of those committees; and
  (B) prior to obligation, the President notifies 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.
  (3) PERIOD OF AVAILABILITY- Funds transferred pursuant to paragraph (1)
  shall remain available until expended.
  (e) MILITARY COUP: TERMINATION OF 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) 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.
  (g) DEFINITIONS- For purposes of this section--
  (1) the term `United States assistance' has the same meaning as is given
  that term by section 481(i)(4) of the Foreign Assistance Act of 1961,
  and includes United States military assistance; and
  (2) the term `United States military assistance' means assistance under
  chapter 2 or chapter 5 of part II of the Foreign Assistance Act of 1961
  or under section 23 of the Arms Export Control Act.

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