Page:United States Statutes at Large Volume 104 Part 3.djvu/659

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PUBLIC LAW 101-513—NOV. 5, 1990 104 STAT. 2011 (ii) includes a proposal for an internationaly 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 noncombatemts, 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 ASSIST- ANCE. — (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, DEMOBIUZATION, 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 reemployment 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.