II

103D CONGRESS

2D SESSION S. 2216

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 SENATE OF THE UNITED STATES

JUNE 21 (legislative day, JUNE 7), 1994

Mr. LEAHY (for himself, Mr. INOUYE, Mr. LUGAR, Mr. MITCHELL, Mr. MOYNIHAN, Mr. ROBB, Mr. SIMPSON, Mr. DODD, Mrs. FEINSTEIN, Mr.

METZENBAUM, Mrs. KASSEBAUM, Mr. SASSER, Mr. DASCHLE, Mr. GRAHAM, Mr. CHAFEE, Mr. DECONCINI, Mr. SIMON, Ms. MIKULSKI, Mr.

FEINGOLD, Mr. SPECTER, Mr. BINGAMAN, Mr. KERRY, Mr. KERREY, Mr.

PELL, Mr. EXON, Mr. FORD, Mr. KOHL, Mr. WELLSTONE, Mr. BUMPERS, Mr. WOFFORD, Mr. MATHEWS, Mr. SARBANES, Mr. JEFFORDS,

Mrs. BOXER, Mr. AKAKA, Mr. HATFIELD, Mr. HARKIN, Mr. RIEGLE, Mr.

DORGAN, Mr. KENNEDY, Mr. LAUTENBERG, Mrs. MURRAY, Ms.

MOSELEY-BRAUN, Mr. ROCKEFELLER, Mr. BRADLEY, Mr. DURENBERGER, Mr. REID, Mr. BIDEN, Mr. CONRAD, Mr. GLENN, Mr. CAMPBELL, Mr. PRYOR, Mr. BAUCUS, Mr. LIEBERMAN, and Mr. BRYAN) introduced the following bill; which was read twice and referred to the Committee on 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 announced export

19 moratoria. The Government of Cambodia has stated

20 that it will no longer use or purchase antipersonnel

21 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.

26 In some countries, more than one third of all casual-
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1 ties of antipersonnel landmines are women and chil2 dren.

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 anti7 personnel landmines will stop the slaughter of inno8 cent lives.

9 (6) A United Nations conference to review the

10 1980 Conventional Weapons Convention, including

11 Protocol II to the Convention (otherwise known as

12 the Landmine Protocol), is planned for 1995. Meet13 ings of governmental experts to prepare for the con14 ference have begun. This is a critical time for United

15 States leadership to help solve the landmine crisis.

16 SEC. 2. POLICY.

17 It is the sense of Congress that the President

18 should—

19 (1) actively seek an international agreement

20 prohibiting the production, possession, transfer, and

21 use of antipersonnel landmines; and

22 (2) as interim measures to be pursued during

23 the seeking of such prohibitions, actively seek inter24 national agreements, modifications of the 1980 Con25 ventional Weapons Convention, or other agreements
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1 or arrangements to limit further the production, pos2 session, transfer, and use of antipersonnel land3 mines.

4 SEC. 3. MORATORIUM ON THE PRODUCTION AND PRO5 CUREMENT OF ANTIPERSONNEL LANDMINES.

6 (a) SENSE OF CONGRESS.—It is the sense of Con7 gress that a moratorium by the United States on the pur8 chase and production of antipersonnel landmines would

9 encourage other nations to adopt similar measures.

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

11 of the enactment of this Act, the United States Govern12 ment shall not purchase or produce antipersonnel land13 mines.

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

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

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

17 of this Act.

18 (d) ACTIONS BY OTHER NATIONS.—(1) The Con19 gress urges the President, during the period referred to

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

21 major producer of antipersonnel landmines to adopt a

22 moratorium similar to the moratorium described in sub23 section (b).

24 (2) If the President determines during the period re25 ferred to in subsection (c) that nations that are major pro-
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1 ducers of antipersonnel landmines have adopted moratoria

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

3 President may extend the moratorium for such additional

4 time as the President considers appropriate.

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

6 ‘‘major producers of antipersonnel landmines’’ shall in7 clude the following:

8 (A) Belgium.

9 (B) Bulgaria.

10 (C) The Peoples Republic of China.

11 (D) Egypt.

12 (E) France.

13 (F) Germany.

14 (G) Hungary.

15 (H) Italy.

16 (I) Pakistan.

17 (J) Russia.

18 (K) South Africa.

19 (L) The United Kingdom.

20 SEC. 4. AUTHORIZATION OF FUNDS FOR DEMINING ACTIVI21 TIES.

22 Of the funds authorized by an Act authorizing appro23 priations for military activities of the Department of De24 fense, $10,000,000 are authorized to support humani25 tarian activities relating to the clearing and disarming of
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1 landmines and the protection of civilians from landmines

2 (including activities relating to the furnishing of edu3 cation, training, technical assistance, demining equipment

4 and technology and activities relating to research and de5 velopment on demining equipment and technology) and for

6 contributions to United Nations agencies and programs

7 and to nongovernmental organizations to support such ac8 tivities, and $10,000,000 are authorized for efforts to im9 prove landmine detection and neutralization.

10 SEC. 5. ANALYSIS AND ASSESSMENT OF COSTS AND EF11 FECTS OF ANTIPERSONNEL LANDMINES.

12 (a) ANALYSIS.—(1) Not later than 180 days after the

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

14 the Agency for International Development and the Sec15 retary of State shall jointly submit to Congress a joint

16 report containing a quantitative and qualitative analysis

17 of the social, economic, and environmental costs and ef18 fects of the use of antipersonnel landmines.

19 (2) The analysis shall cover not less than three coun20 tries (as jointly determined by the Administrator and the

21 Secretary) in which the presence of landmines presents

22 significant social, economic, and environmental problems.

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

24 the Secretary shall rely on any appropriate governmental
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1 and nongovernmental materials and sources of informa2 tion that are available to them.

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

4 shall submit to Congress a report setting forth the total

5 number of members of the United States Armed Forces

6 killed or wounded by antipersonnel landmines during each

7 of the following periods:

8 (A) World War II.

9 (B) The Korean conflict.

10 (C) The Vietnam era.

11 (D) The Persian Gulf War.

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

13 under this subsection at the same time that the report

14 required under subsection (a) is submitted.

15 SEC. 6. DEFINITIONS.

16 For purposes of this Act:

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

18 any of the following:

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

20 near the ground or other surface area, delivered

21 by artillery, rocket, mortar, or similar means,

22 or dropped from an aircraft and which is de23 signed, constructed, adapted, or designed to be

24 adapted to be detonated or exploded by the

25 presence, proximity, or contact of a person.
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1 (B) Any device or material which is de2 signed, constructed, adapted, or designed to be

3 adapted to kill or injure and which functions

4 unexpectedly when a person disturbs or ap5 proaches an apparently harmless object or per6 forms an apparently safe act.

7 (2) The term ‘‘1980 Conventional Weapons

8 Convention’’ means the 1980 Conventional Weapons

9 Convention on Production or Restrictions on the Use

10 of Certain Conventional Weapons Which May Be

11 Deemed To Be Excessively Injurious or To Have In12 discriminate Effects, done at New York on April 10,

13 1981.

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