I

103D CONGRESS

2D SESSION H. R. 4699

To state the sense of Congress on the production, possession, transfer, and

use of antipersonnel landmines, to place a moratorium on United States

production of antipersonnel landmines, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 30, 1994

Mr. EVANS (for himself, Mr. DELLUMS, Mr. MEEHAN, Mr. BONIOR, Mrs.

UNSOELD, Mr. STARK, Mr. DEFAZIO, Mr. FILNER, Mr. FRANK of Massachusetts, Ms. PELOSI, Mr. VISCLOSKY, Ms. FURSE, Mr.

FALEOMAVAEGA, Mr. OLVER, Mr. HOCHBRUECKNER, Mr. HINCHEY, Mr.

WYNN, Mr. ENGEL, Mr. FARR of California, Mr. GUTIERREZ, Mr. DURBIN, Mr. EDWARDS of California, Mr. FINGERHUT, Mr. LIPINSKI, Mr.

BEILENSON, Mr. KREIDLER, Mr. SERRANO, Mr. SANDERS, Mr. SHAYS,

Mr. KENNEDY, Ms. SHEPHERD, Mr. HAMBURG, Mr. FOGLIETTA, Mr.

ABERCROMBIE, Mr. MILLER of California, Mr. LEWIS of Georgia, Mrs.

MORELLA, Mr. VENTO, Ms. WOOLSEY, Mr. FISH, Mr. JACOBS, Mr.

OWENS, Ms. SLAUGHTER, Mr. STRICKLAND, Mr. BERMAN, Mr. ANDREWS

of Maine, Mr. MCDERMOTT, Mr. KOPETSKI, and Mrs. SCHROEDER) introduced the following bill; which was referred jointly to the Committees

on Foreign Affairs and Armed Services

A BILL

To state the sense of Congress on the production, possession,

transfer, and use of antipersonnel landmines, to place

a moratorium on United States production of antipersonnel landmines, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. FINDINGS.

2 The Congress makes the following findings:

3 (1) There are approximately 100,000,000

4 unexploded antipersonnel landmines strewn in more

5 than 60 countries around the world, and tens of mil6 lions of antipersonnel landmines are stored in stock7 piles. The Department of State reports that ‘‘land8 mines may be the most toxic and widespread pollu9 tion facing mankind’’.

10 (2) Like chemical and biological weapons, land11 mines kill and maim indiscriminately.

12 (3) After the United States adopted a unilateral

13 moratorium on the export of antipersonnel land14 mines, the United Nations General Assembly unani15 mously called for an international moratorium on

16 such exports, and the Governments of France, Ger17 many, Greece, Belgium, the Netherlands, Poland,

18 Slovakia, and South Africa have each announced an

19 export moratorium. The Government of Cambodia

20 has stated that it will no longer use or purchase

21 antipersonnel landmines.

22 (4) Despite such actions, far more anti23 personnel landmines are being strewn than are being

24 cleared. Each month, at least 1,200 persons, mostly

25 innocent civilians, are killed or injured by landmines.
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1 In some countries, more than one third of all casual2 ties of landmines are women and children.

3 (5) With hundreds of types of antipersonnel

4 landmines being produced in at least 50 countries,

5 only international cooperation on limits on the pro6 duction, possession, transfer, and use of anti-person7 nel landmines will stop the slaughter of innocent

8 lives.

9 (6) A United Nations conference to review the

10 1980 Conventional Weapons Convention, including

11 Protocol II to the Convention (commonly referred to

12 as the ‘‘Landmine Protocol’’), is planned for 1995.

13 Meetings of governmental experts to prepare for the

14 conference have begun. This is a critical time for

15 United States leadership to help solve the landmine

16 crisis.

17 SEC. 2. POLICY.

18 It is the sense of Congress that the President

19 should—

20 (1) actively seek an international agreement

21 prohibiting the production, possession, transfer, and

22 use of antipersonnel landmines; and

23 (2) as interim measures to be pursued during

24 the seeking of such prohibitions, actively seek inter25 national agreements, modifications of the 1980 Con-
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1 ventional Weapons Convention, or other agreements

2 or arrangements to limit further the production, pos3 session, transfer, and use of antipersonnel land4 mines.

5 SEC. 3. MORATORIUM ON THE PRODUCTION AND PRO6 CUREMENT OF ANTIPERSONNEL LANDMINES.

7 (a) SENSE OF CONGRESS.—It is the sense of Con8 gress that a moratorium by the United States on the pur9 chase and production of antipersonnel landmines would

10 encourage other nations to adopt similar measures.

11 (b) MORATORIUM.—Effective 90 days after the date

12 of the enactment of this Act, the United States Govern13 ment shall not purchase or produce antipersonnel land14 mines.

15 (c) PERIOD OF MORATORIUM.—The prohibition set

16 forth in subsection (b) shall continue until the end of the

17 one-year period beginning on the date of the enactment

18 of this Act.

19 (d) ACTIONS BY OTHER NATIONS.—(1) The Con20 gress urges the President, during the period referred to

21 in subsection (c), to encourage each nation which is a

22 major producer of antipersonnel landmines to adopt a

23 moratorium similar to the moratorium described in sub24 section (b).
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1 (2) If the President determines during the period re2 ferred to in subsection (c) that nations that are major pro3 ducers of antipersonnel landmines have adopted moratoria

4 similar to the moratorium described in subsection (b), the

5 President may extend the moratorium for such additional

6 time as the President considers appropriate.

7 (3) For the purposes of this subsection, the term

8 ‘‘major producers of antipersonnel landmines’’ include the

9 following:

10 (A) Belgium.

11 (B) Bulgaria.

12 (C) The Peoples Republic of China.

13 (D) Egypt.

14 (E) France.

15 (F) Germany.

16 (G) Hungary.

17 (H) Italy.

18 (I) Pakistan.

19 (J) Russia.

20 (K) South Africa.

21 (L) The United Kingdom.
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1 SEC. 4. AUTHORIZATION OF FUNDS FOR DEMINING ACTIVI2 TIES FOR FISCAL YEAR 1995.

3 There is hereby authorized to be appropriated to the

4 Department of Defense for fiscal year 1995 the sum of

5 $25,000,000 for—

6 (1) humanitarian activities relating to the clear7 ing and disarming of landmines and the protection

8 of civilians from landmines (including activities re9 lating to the furnishing of education, training, tech10 nical assistance, demining equipment and technology

11 and activities relating to research and development

12 on demining equipment and technology); and

13 (2) contributions to United Nations funds and

14 to nongovernmental organizations to support such

15 activities.

16 SEC. 5. ANALYSIS AND ASSESSMENT OF COSTS AND EF17 FECTS OF ANTIPERSONNEL LANDMINES.

18 (a) ANALYSIS.—(1) Not later than six months after

19 the date of the enactment of this Act, the Administrator

20 of the Agency for International Development and the Sec21 retary of State shall submit to Congress a joint report con22 taining a quantitative and qualitative analysis of the so23 cial, economic, and environmental costs and effects of the

24 use of antipersonnel landmines.

25 (2) The analysis shall cover not less than three coun26 tries (as jointly determined by the Administrator and the
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1 Secretary) in which the presence of landmines presents

2 significant social, economic, and environmental problems.

3 (3) In preparing the report, the Administrator and

4 the Secretary shall rely on any appropriate governmental

5 and nongovernmental materials and sources of informa6 tion that are available to them.

7 (b) ASSESSMENT.—(1) The Secretary of Defense

8 shall submit to Congress a report setting forth the total

9 number of members of the United States Armed Forces

10 killed or wounded by antipersonnel landmines during each

11 of the following periods:

12 (A) World War II.

13 (B) The Korean conflict.

14 (C) The Vietnam era.

15 (D) The Persian Gulf War.

16 (2) The Secretary of Defense shall submit the report

17 under this subsection at the same time that the report

18 required under subsection (a) is submitted.

19 SEC. 6. DEFINITIONS.

20 For purposes of this Act:

21 (1) The term ‘‘antipersonnel landmine’’ means

22 any of the following:

23 (A) Any munition placed under, on, or

24 near the ground or other surface area, delivered

25 by artillery, rocket, mortar, or similar means,
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1 or dropped from an aircraft and which is de2 signed, constructed, adapted, or designed to be

3 adapted to be detonated or exploded by the

4 presence, proximity, or contact of a person.

5 (B) Any device or material which is de6 signed, constructed, adapted, or designed to be

7 adapted to kill or injure and which functions

8 unexpectedly when a person disturbs or ap9 proaches an apparently harmless object or per10 forms an apparently safe act.

11 (2) The term ‘‘1980 Conventional Weapons

12 Convention’’ means the 1980 Conventional Weapons

13 Convention on Production or Restrictions on the Use

14 of Certain Conventional Weapons Which May Be

15 Deemed To Be Excessively Injurious or To Have In16 discriminate Effects, done at New York on April 10,

17 1981.

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