Message to the Congress
Transmitting a Request for Aid for the Nicaraguan Democratic Resistance
To
the Congress of the
I
herewith transmit a request in accordance with Section 111 of the joint
resolution making further continuing appropriations for the fiscal year 1988
(P.L. 100 - 202) for budget and other authority to provide additional
assistance for the Nicaraguan Democratic Resistance. Such assistance is
essential to enhance the national security of the
Despite
the combined diplomatic efforts of the four Central American democracies and
the
The
Sandinistas have repeatedly promised democracy to the people of
It
has become clear beyond doubt that, without the steady pressure created by an
effective Nicaraguan Democratic Resistance supported by a determined
I
urge approval of the additional aid I am requesting for the Nicaraguan
Democratic Resistance. Congressional approval of this request is essential to
assure a democratic future for
Ronald
Reagan
The
White House,
Request
for Assistance for the Nicaraguan Democratic Resistance
In
accordance with the Constitution and laws of the United States of America, as
President of the United States of America, and pursuant to section 111(j)(1) of the joint resolution making further continuing
appropriations for the fiscal year 1988 (Public Law 100 - 202), I hereby
request budget and other authority to provide additional assistance for the
Nicaraguan democratic resistance, as follows:
Sec. 101. Policy.
(a)
General Policy. -- It is the policy of the United States in implementing this
request to advance democracy and security in Central America, and thereby to
assist in bringing a just and lasting peace to that region, in a manner
compatible with the Guatemala Peace Accord of August 7, 1987 and the
Declaration of the Presidents of the Central American Nations at San Jose,
Costa Rica on January 16, 1988, and consistent with the national security
interests of the United States.
(b)
Specific Policy Objective. -- In pursuing the policy set forth in subsection
(a), it is the objective of the United States to enhance its security as well
as that of the democratic countries of Central America by assisting in the
achievement of --
(1)
genuine democracy in
(2)
an end to Soviet, Cuban, and other Communist bloc military or security
assistance to, advisers in, and establishment or use of bases in, Nicaragua;
(3)
an end to Nicaraguan aggression and subversion against
other countries in
(4)
reduction of the military and security forces of
Sec. 102. Transfer of Prior
Defense Appropriations for Assistance.
(a)
Transfer and Use. -- Upon enactment of a joint resolution approving this
request, there are hereby transferred to the President $36,250,000 of unobligated funds, from the appropriations accounts
specified in section 106, to provide assistance for the Nicaraguan democratic
resistance, to remain available until expended.
(b) Earmark for Non-Lethal Assistance Including Human Rights.
-- Of the funds transferred by subsection (a), $32,650,000 shall be available
only for non-lethal assistance, of which $450,000 shall be available only for
strengthening programs and activities of the Nicaraguan democratic resistance
for the observance and advancement of human rights.
(c)
Prohibition on Purchase of Aircraft. -- Funds transferred by subsection (a) may
not be obligated or expended to purchase aircraft.
(d)
Indemnification of Leased Aircraft. -- (1) The President is authorized to
transfer unobligated funds, from the appropriations
accounts specified in section 106, solely for the indemnification of aircraft
leased to transport assistance for which this request provides and assistance
previously, specifically authorized by law for the Nicaraguan democratic
resistance.
(2)
Not more than $20,000,000 may be transferred under the authority granted by
paragraph (1).
(3)
The President shall transfer the balance, if any, remaining of funds
transferred under paragraph (1) to the appropriations accounts from which such
funds were transferred under that paragraph when the funds transferred by
subsection (a) have been expended.
(e)
Passive Air Defense Equipment. -- (1) The Department of Defense shall make available
to the department or agency administering this request passive air defense
equipment (including ground-based radio detection and ranging equipment) to
ensure the safety of transportation provided pursuant to this request.
(2)
The Department of Defense shall not charge the department or agency receiving
equipment under paragraph (1) for such equipment, and shall bear the risk of
loss, damage, or deterioration of such equipment during the period of its use
under the authority of paragraph (1).
(f)
Initiation of Delivery of Additional Assistance. -- No assistance for which
this request provides shall be delivered to the Nicaraguan democratic
resistance prior to
Sec. 103. Restrictions on Lethal
Assistance.
(a)
Prohibition. -- After
(b)
Resumption of Lethal Assistance. -- Lethal assistance may be delivered to the
Nicaraguan democratic resistance if, after
(1)
at the time of such certification no ceasefire is in
place that was agreed to by the Government of Nicaragua and the Nicaraguan
democratic resistance;
(2)
the failure to achieve the ceasefire described in paragraph (1) results from
the lack of good faith efforts by the Government of Nicaragua to comply with
the requirements of the Declaration of the Presidents of the Central American
Nations at San Jose, Costa Rica on January 16, 1988; and
(3)
the Nicaraguan democratic resistance has engaged in
good faith efforts to achieve the ceasefire described in paragraph (1).
(c)
Scope. -- The lethal assistance to which subsections (a) and (b) refer is
lethal assistance for which this request provides and lethal assistance
previously authorized by law.
(d)
Suspension During Ceasefire. -- Delivery of lethal
assistance to the Nicaraguan democratic resistance for which this request
provides, or which was previously authorized by law, shall be suspended during
any period in which there is in place a ceasefire agreed to by the Government
of Nicaragua and the Nicaraguan democratic resistance, except to the extent, if
any, permitted by the agreement governing such ceasefire.
Sec. 104. General Authorities
and Limitations.
(a)
Related Statutes. -- The requirements, terms and conditions of section 104 of
the Intelligence Authorization Act, Fiscal Year 1988 (Public Law 100 - 178),
section 8144 of the Department of Defense Appropriations Act, 1988 (as
contained in section 101(b) of Public Law 100 - 202), section 10 of Public Law
91 - 672, section 502 of the National Security Act of 1947, section 15(a) of
the State Department Basic Authorities Act of 1956, and any other provision of
law shall be deemed to have been met for the transfer and use consistent with
this request of the funds made available by section 102(a) and (d), and the
transfer and use of equipment as provided in section 102(e).
(b)
Continuation of Authority to Support, Monitor, and Manage. -- The authority to
support, monitor and manage activities for which funds are provided under this
request or a law which previously, specifically authorized assistance to the
Nicaraguan democratic resistance shall continue until the funds transferred by
section 102(a) have been expended.
(c)
Continuation of Limitations. -- Sections 203(e), 204(b), 207, 209(b), 209(c)
and 216, and the first sentence of section 203(d), in ``TITLE II -- CENTRAL
AMERICA'' in section 101(k) of the continuing appropriations resolution for the
fiscal year 1987 (Public Laws 99 - 500 and 99 - 591), shall apply with respect
to funds made available under this request.
Sec. 105. Required Detailed
Statements and Report.
(a)
Incorporation of Detailed Statements and Report by Reference. -- The report of
the Secretary of State dated
(b)
Status of Statements and Report. -- (1) The detailed statements and report,
included in the report of the Secretary of State and incorporated in this
section by reference, are those required by section 111(j)(4) of the joint
resolution making further continuing appropriations for the fiscal year 1988
(Public Law 100 - 202).
(2)
Enactment of the joint resolution approving this request shall not be deemed to
constitute agreement or disagreement by the Congress or any Member thereof with
the statements and report incorporated by reference in this section.
Sec. 106. Defense Appropriations
Accounts.
The
appropriations accounts to which sections 102(a) and 102(d) refer are --
(1)
Missile Procurement, Army, Department of Defense Appropriations Act, 1986, as
contained in section 101(b) of the further continuing appropriations resolution
for the fiscal year 1986 (Public Law 99 - 190);
(2)
Aircraft Procurement, Army, Department of Defense Appropriations Act, 1986, as
contained in section 101(b) of the further continuing appropriations resolution
for the fiscal year 1986 (Public Law 99 - 190);
(3)
Shipbuilding and Conversion, Navy, Department of Defense Appropriations Act,
1984 (Public Law 98 - 212); and
(4)
Missile Procurement, Air Force, Department of Defense Appropriations Act, 1986,
as contained in section 101(b) of the further continuing appropriations
resolution for the fiscal year 1986 (Public Law 99 - 190).
Sec. 107. Definitions.
As
used in this request --
(1)
the term ``lethal assistance'' means weapons, weapon
systems, and ammunition; and
(2)
the term ``non-lethal assistance'' means assistance
other than lethal assistance.
Ronald
Reagan