H. R. 2401—283
(1) by striking out paragraph (2);
(2) by striking out ‘‘(1) Not later than April 1, 1990, and
biennially each year thereafter’’ and inserting in lieu thereof
‘‘Not later than April 1 of each even-numbered year’’; and
(3) by redesignating subparagraphs (A) and (B) as para-
graphs (1) and (2).
(b) REPORT ON ALLIED CONTRIBUTIONS.—Section 1046(e) of the
National Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102–190; 105 Stat. 1467; 22 U.S.C. 1928 note) is
amended—
(1) by striking out ‘‘and’’ at the end of paragraph (2);
(2) by striking out the period at the end of paragraph
(3) and inserting in lieu thereof ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) specifying the incremental costs to the United States
associated with the permanent stationing ashore of United
States forces in foreign nations.’’.
(c) FINDING AND SENSE OF CONGRESS.—(1) The Congress finds
that the Secretary of Defense did not submit to Congress in a
timely manner the report on allied contributions to the common
defense required under section 1003(c) of the National Defense
Authorization Act, 1985 (Public Law 98–525; 22 U.S.C. 1928 note),
to be submitted not later than April 1, 1993.
(2) It is the sense of Congress that the timely submission
of such report to Congress each year is essential to the deliberation
by Congress concerning the annual defense program.
SEC. 1413. PERMANENT AUTHORITY TO CARRY OUT AWACS MEMO-
RANDA OF UNDERSTANDING.
Section 2350e of title 10, United States Code, is amended
by striking out subsection (d).
Subtitle C—Export of Defense Articles
SEC. 1421. 
EXTENSION 
OF 
AUTHORITY 
FOR 
CERTAIN 
FOREIGN
GOVERNMENTS TO RECEIVE EXCESS DEFENSE ARTICLES.
Section 516(a)(3) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j(a)(3)) is amended by inserting ‘‘or fiscal year 1992’’
after ‘‘fiscal year 1991’’.
SEC. 1422. REPORT ON EFFECT OF INCREASED USE OF DUAL-USE
TECHNOLOGIES ON ABILITY TO CONTROL EXPORTS.
(a) REPORT REQUIREMENT.—Not later than six months after
the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report assessing what effect the
increased use of dual-use and commercial technologies and items
by the Department of Defense could have on the ability of the
United States to control adequately the export of sensitive dual-
use and military technologies and items to nations to whom the
receipt of such technologies is contrary to United States national
security interests.
(b) EFFECT ON DEFENSE PROGRAMS.—The report required by
subsection (a) shall include—
(1) an assessment of the national security implications
of any lowering of licensing controls on the export of dual-
use items and technology, to include an assessment of the
effect such lowering of controls could have on operational
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H. R. 2401—284
United States defense programs and capabilities and planned
United States defense programs and capabilities;
(2) a description of the steps the Secretary of Defense
intends to take to ensure that any decontrol of dual-use items
and technology does not place at risk the technology and defense
capability lead that the United States currently enjoys; and
(3) a description of the steps the Department of Defense
intends to take to mitigate any possible increase in the pro-
liferation threat resulting from decontrol of dual-use items and
technology.
(c) CONSULTATION.—The report required by subsection (a) shall
be prepared in consultation with the Director of Central Intel-
ligence.
SEC. 1423. EXTENSION OF LANDMINE EXPORT MORATORIUM.
(a) FINDINGS.—The Congress makes the following findings:
(1) Anti-personnel landmines, which are designed to maim
and kill people, have been used indiscriminately in dramatically
increasing numbers around the world. Hundreds of thousands
of noncombatant civilians, including children, have been the
primary victims. Unlike other military weapons, landmines
often remain implanted and undiscovered after conflict has
ended, causing massive suffering to civilian populations.
(2) Tens of millions of landmines have been strewn in
at least 62 countries, often making whole areas uninhabitable.
The Department of State estimates that there are more than
10,000,000 landmines in Afghanistan, 9,000,000 in Angola,
4,000,000 in Cambodia, 3,000,000 in Iraqi Kurdistan, and
2,000,000 each in Somalia, Mozambique, and the former Yugo-
slavia. Hundreds of thousands of landmines were used in con-
flicts in Central America in the 1980s.
(3) Advanced technologies are being used to manufacture
sophisticated mines which can be scattered remotely at a rate
of 1,000 per hour. These mines, which are being produced
by many industrialized countries, were found in Iraqi arsenals
after the Persian Gulf War.
(4) At least 300 types of anti-personnel landmines have
been manufactured by at least 44 countries, including the
United States. However, the United States is not a major
exporter of landmines. During the 10 years from 1983 through
1992, the United States approved 10 licenses for the commercial
export of anti-personnel landmines with a total value of
$980,000 and the sale under the Foreign Military Sales program
of 108,852 anti-personnel landmines.
(5) The United States signed, but has not ratified, the
1980 Convention on Prohibitions or Restrictions on the Use
of Certain Conventional Weapons Which May Be Deemed To
Be Excessively Injurious or To Have Indiscriminate Effects.
Protocol II of the Convention, otherwise known as the Landmine
Protocol, prohibits the indiscriminate use of landmines.
(6) When it signed the 1980 Convention, the United States
stated: ‘‘We believe that the Convention represents a positive
step forward in efforts to minimize injury or damage to the
civilian population in time of armed conflict. Our signature
of the Convention reflects the general willingness of the United
States to adopt practical and reasonable provisions concerning
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H. R. 2401—285
the conduct of military operations, for the purpose of protecting
noncombatants.’’.
(7) The United States also indicated that it had supported
procedures to enforce compliance, which were omitted from
the Convention’s final draft. The United States stated: ‘‘The
United States strongly supported proposals by other countries
during the Conference to include special procedures for dealing
with compliance matters, and reserves the right to propose
at a later date additional procedures and remedies, should
this prove necessary, to deal with such problems.’’.
(8) The lack of compliance procedures and other weaknesses
have significantly undermined the effectiveness of the Land-
mine Protocol. Since it entered into force on December 2, 1983,
the number of civilians maimed and killed by anti-personnel
landmines has multiplied.
(9) Since October 23, 1992, when a one-year moratorium
on sales, transfers, and exports by the United States of anti-
personnel landmines was enacted into law (in section 1365
of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102–484; 22 U.S.C. 2778 note)), the European
Parliament has issued a resolution calling for a five year mora-
torium on sales, transfers, and exports of anti-personnel land-
mines and the Government of France has announced that it
has ceased all sales, transfers, and exports of anti-personnel
landmines.
(10) On December 2, 1993, 10 years will have elapsed
since the 1980 Convention entered into force, triggering the
right of any party to request a United Nations conference
to review the Convention. Amendments to the Landmine Proto-
col may be considered at that time. A formal request has
been made to the United Nations Secretary General for a
review conference. With necessary preparations and consulta-
tions among governments, a review conference is not expected
to be convened before late 1994 or early 1995.
(11) The United States should continue to set an example
for other countries in such negotiations by extending the mora-
torium on sales, transfers, and exports of anti-personnel land-
mines for an additional three years. A moratorium of that
duration would extend the prohibition on the sale, transfer,
and export of anti-personnel landmines a sufficient time to
take into account the results of a United Nations review
conference.
(b) STATEMENT OF POLICY.—
(1) It is the policy of the United States to seek verifiable
international agreements prohibiting the sale, transfer or
export, and further limiting the manufacture, possession and
use, of anti-personnel landmines.
(2) It is the sense of the Congress that—
(A) the President should submit the 1980 Convention
on Certain Conventional Weapons to the Senate for ratifica-
tion; and
(B) the United States should—
(i) participate in a United Nations conference to
review the Landmine Protocol; and
(ii) actively seek to negotiate under United Nations
auspices a modification of the Landmine Protocol, or
another international agreement, to prohibit the sale,
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H. R. 2401—286
transfer, or export of anti-personnel landmines and
to further limit the manufacture, possession, and use
of anti-personnel landmines.
(c) THREE-YEAR EXTENSION OF LANDMINE MORATORIUM.—Sec-
tion 1365(c) of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102–484; 22 U.S.C. 2778 note) is amended
by striking out ‘‘For a period of one year beginning on the date
of the enactment of this Act’’ and inserting in lieu thereof ‘‘During
the four-year period beginning on October 23, 1992’’.
(d) DEFINITION.—For purposes of this section, the term ‘‘anti-
personnel landmine’’ means any of the following:
(1) Any munition placed under, on, or near the ground
or other surface area, or delivered by artillery, rocket, mortar,
or similar means or dropped from an aircraft and which is
designed to be detonated or exploded by the presence, proximity,
or contact of a person.
(2) Any device or material which is designed, constructed,
or adapted to kill or injure and which functions unexpectedly
when a person disturbs or approaches an apparently harmless
object or performs an apparently safe act.
(3) Any manually-emplaced munition or device designed
to kill, injure, or damage and which is actuated by remote
control or automatically after a lapse of time.
Subtitle D—Other Matters
SEC. 1431. CODIFICATION OF PROVISION RELATING TO OVERSEAS
WORKLOAD PROGRAM.
(a) CODIFICATION.—(1) Chapter 138 of title 10, United States
Code, is amended by inserting after section 2348 the following
new section:
‘‘§ 2349. Overseas Workload Program
‘‘(a) IN GENERAL.—A firm of any member nation of the North
Atlantic Treaty Organization or of any major non-NATO ally shall
be eligible to bid on any contract for the maintenance, repair,
or overhaul of equipment of the Department of Defense located
outside the United States to be awarded under competitive proce-
dures as part of the program of the Department of Defense known
as the Overseas Workload Program.
‘‘(b) SITE
OF PERFORMANCE.—A contract awarded to a firm
described in subsection (a) may be performed in the theater in
which the equipment is normally located or in the country in
which the firm is located.
‘‘(c) EXCEPTIONS.—The Secretary of a military department may
restrict the geographic region in which a contract referred to in
subsection (a) may be performed if the Secretary determines that
performance of the contract outside that specific region—
‘‘(1) could adversely affect the military preparedness of
the armed forces; or
‘‘(2) would violate the terms of an international agreement
to which the United States is a party.
‘‘(d) DEFINITION.—In this section, the term ‘major non-NATO
ally’ has the meaning given that term in section 2350a(i)(3) of
this title.’’.
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