II

104TH CONGRESS

1ST SESSION S. 940

To support proposals to implement the United States goal of eventually

eliminating antipersonnel land mines; to impose a moratorium on use

of antipersonnel land mines except in limited circumstances; to provide

for sanctions against foreign governments that export antipersonnel land

mines, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 16 (legislative day, JUNE 5), 1995

Mr. LEAHY (for himself, Mr. BRADLEY, Mr. GRAHAM, Mr. DASCHLE, Mr.

SIMON, Mr. INOUYE, Mr. JEFFORDS, Mr. REID, Mr. HATFIELD, Mr.

FORD, Mr. HARKIN, Mr. SARBANES, Mr. FEINGOLD, Mr. KOHL, Mr.

LAUTENBERG, Mr. DODD, Mr. KERRY, Mrs. KASSEBAUM, Ms. MOSELEYBRAUN, Mr. BUMPERS, Mr. KENNEDY, Mrs. BOXER, Mr. PELL, Mr.

CHAFEE, Mr. DORGAN, Ms. MIKULSKI, Mr. WELLSTONE, Mr. SIMPSON,

Mrs. MURRAY, Mr. ROCKEFELLER, Mr. BRYAN, Mr. MOYNIHAN, Mr.

KERREY, Mrs. FEINSTEIN, Mr. AKAKA, Mr. CONRAD, Mr. JOHNSTON,

Mr. PRYOR, Mr. BREAUX, Mr. EXON, and Mr. CAMPBELL) introduced the

following bill; which was read twice and referred to the Committee on

Foreign Relations

A BILL

To support proposals to implement the United States goal

of eventually eliminating antipersonnel land mines; to

impose a moratorium on use of antipersonnel land mines

except in limited circumstances; to provide for sanctions

against foreign governments that export antipersonnel

land mines, and for other purposes.
2

S 940 IS

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

3 SECTION 1. FINDINGS.

4 The Congress makes the following findings:

5 (1) On September 26, 1994, the President de6 clared that it is a goal of the United States to even7 tually eliminate antipersonnel land mines.

8 (2) On December 15, 1994, the United Nations

9 General Assembly adopted a resolution sponsored by

10 the United States which called for international ef11 forts toward the eventual elimination of anti12 personnel land mines.

13 (3) According to the Department of State, there

14 are an estimated 80,000,000 to 110,000,000

15 unexploded land mines in 62 countries, and millions

16 of additional land mines were laid in 1994.

17 (4) Antipersonnel land mines are routinely used

18 against civilian populations and kill and maim an es19 timated 70 people each day, or 26,000 people each

20 year.

21 (5) The Secretary of State has noted that land

22 mines have been called ‘‘slow-motion weapons of

23 mass destruction’’.

24 (6) There are hundreds of varieties of anti25 personnel land mines, from the simple two dollar
3

S 940 IS

1 type to the more complex self-destructing type, all of

2 which kill and maim civilians, as well as combatants,

3 indiscriminately.

4 SEC. 2. CONVENTIONAL WEAPONS CONVENTION REVIEW.

5 At the United Nations conference to review the 1980

6 Conventional Weapons Convention, including Protocol II

7 on land mines, which is to be held from September 25

8 to October 13, 1995, the President shall actively support

9 proposals to modify Protocol II which would implement

10 as rapidly as possible the United States goal of eventually

11 eliminating antipersonnel land mines.

12 SEC. 3. MORATORIUM ON USE OF ANTIPERSONNEL LAND

13 MINES.

14 (a) UNITED STATES MORATORIUM.—(1) For a pe15 riod of one year beginning three years after the date of

16 the enactment of this Act, the United States Government

17 shall not use antipersonnel land mines except along inter18 nationally recognized national borders within a perimeter

19 marked area that is monitored by military personnel and

20 protected by adequate means to ensure the exclusion of

21 civilians.

22 (2) If the President determines, before the end of the

23 period of the United States moratorium under paragraph

24 (1), that the governments of other nations are implement25 ing moratoriums on use of antipersonnel land mines simi-
4

S 940 IS

1 lar to the United States moratorium, the President may

2 extend the period of the United States moratorium for

3 such additional period as the President considers appro4 priate.

5 (b) OTHER NATIONS.—The President shall actively

6 encourage the governments of other nations to join the

7 United States in solving the global land mine crisis by im8 plementing moratoriums on use of antipersonnel land

9 mines similar to the United States moratorium, as an in10 terim step toward the eventual elimination of anti11 personnel land mines.

12 SEC. 4. ANTIPERSONNEL LAND MINE EXPORTS.

13 (a) PROHIBITION.—In order to further discourage

14 the proliferation of antipersonnel land mines, the United

15 States Government shall not sell, license for export, or oth16 erwise transfer defense articles and services to any foreign

17 government which the President determines sells, exports,

18 or otherwise transfers antipersonnel land mines.

19 (b) WAIVER AUTHORITY.—The President may waive

20 the applicability of the prohibition in subsection (a) to a

21 foreign government if—

22 (1) the President determines that there exists

23 an emergency which makes it vital to the interest of

24 the United States for the President to waive the pro25 hibition; and
5

S 940 IS

1 (2) the President first notifies Congress of the

2 waiver and the reasons for the waiver.

3 SEC. 5. DEFINITIONS.

4 For purposes of this Act:

5 (1) ANTIPERSONNEL LAND MINE.—The term

6 ‘‘antipersonnel land mine’’ means any munition

7 placed under, on, or near the ground or other sur8 face area, delivered by artillery, rocket, mortar, or

9 similar means, or dropped from an aircraft and

10 which is designed, constructed, or adapted to be det11 onated or exploded by the presence, proximity, or

12 contact of a person.

13 (2) 1980 CONVENTIONAL WEAPONS CONVEN14 TION.—The term ‘‘1980 Conventional Weapons Con15 vention’’ means the Convention on Prohibitions or

16 Restrictions on the Use of Certain Conventional

17 Weapons Which May Be Deemed To Be Excessively

18 Injurious or To Have Indiscriminate Effects, to19 gether with the protocols relating thereto, done at

20 Geneva on October 10, 1980.

Æ