[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1876 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1876

    To support proposals to implement the United States goal of the 
eventual elimination of antipersonnel landmines, to impose a moratorium 
on the use of antipersonnel landmines except in limited circumstances, 
   to provide for sanctions against foreign governments that export 
            antipersonnel landmines, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 16, 1995

  Mr. Evans (for himself, Mr. DeFazio, Mr. Faleomavaega, Mr. Frank of 
 Massachusetts, Ms. Pelosi, Mr. Olver, Mr. Hinchey, Mr. Gutierrez, Mr. 
 Durbin, Mr. Serrano, Mr. Shays, Mr. Foglietta, Mr. Lewis of Georgia, 
 Mrs. Morella, Mr. Vento, Ms. Slaughter, Mr. Johnston of Florida, Mr. 
    Minge, Mr. Deutsch, Mr. Dellums, Mr. Barrett of Wisconsin, Mr. 
 Abercrombie, Mr. Torres, Mr. Brown of California, Mr. Wyden, and Mr. 
  Conyers,) introduced the following bill; which was referred to the 
Committee on International Relations, and in addition to the Committee 
on National Security, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To support proposals to implement the United States goal of the 
eventual elimination of antipersonnel landmines, to impose a moratorium 
on the use of antipersonnel landmines except in limited circumstances, 
   to provide for sanctions against foreign governments that export 
            antipersonnel landmines, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Landmine Use Moratorium Act of 
1995''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) On September 26, 1994, the President declared it to be 
        a goal of the United States to eventually eliminate 
        antipersonnel landmines.
            (2) On December 15, 1994, the United Nations General 
        Assembly adopted a resolution sponsored by the United States 
        which calls for international efforts toward the eventual 
        elimination of antipersonnel landmines.
            (3) According to the Department of State, there are an 
        estimated 80,000,000 to 110,000,000 unexploded landmines in 62 
        countries, and millions of additional mines were laid in 1994.
            (4) Antipersonnel landmines are routinely used against 
        civilian populations and kill and maim an estimated 26,000 
        people each year, or approximately 70 people each day.
            (5) The Secretary of State has noted that landmines have 
        been called ``slow-motion weapons of mass destruction''.
            (6) There are hundreds of varieties of antipersonnel 
        landmines, ranging from the simple $2 type to the more complex 
        self-destructing type, all of which are incapable of 
        distinguishing between civilians and combatants.

SEC. 3. CONVENTIONAL WEAPONS CONVENTION REVIEW.

    (a) Implementation of United States Goal.--The President shall, at 
the 1995 review conference, actively support proposals to modify 
Protocol II to the 1980 Conventional Weapons Convention to implement as 
rapidly as possible the goal of the United States of the eventual 
elimination of antipersonnel landmines.
    (b) 1995 Review Conference.--The 1995 review conference referred to 
in subsection (a) is the international conference sponsored by the 
United Nations to be held from September 25, 1995, through October 13, 
1995, to review the 1980 Conventional Weapons Convention (CWC), 
including Protocol II to that convention, relating to landmines.
    (c) 1980 Conventional Weapons Convention.--For purposes of this 
section, the term ``1980 Conventional Weapons Convention'' means the 
Convention on Prohibitions or Restrictions on the Use of Certain 
Conventional Weapons Which May Be Deemed To Be Excessively Injurious or 
To Have Indisciminate Effects, together with the protocols relating 
thereto, done at Geneva on October 10, 1980.

SEC. 4. MORATORIUM ON USE OF ANTIPERSONNEL LANDMINES.

    (a) United States Moratorium.--(1) During the one-year period 
beginning three years after the date of the enactment of this Act, the 
United States Government shall not use antipersonnel landmines.
    (2) The moratorium under paragraph (1) does not apply to the use of 
antipersonnel landmines along internationally recognized national 
borders within a perimeter marked area that is monitored by military 
personnel and protected by adequate means to ensure the exclusion of 
civilians.
    (3) If the President determines, before the end of such one-year 
period, that the governments of other nations are implementing 
moratoriums similar to the moratorium by the United States under 
paragraph (1), the President may extend the period of that moratorium 
for such additional period as the President considers appropriate.
    (b) Other Nations.--The President shall actively encourage the 
governments of other nations to join the United States in solving the 
global landmine crisis by implementing, as an interim step toward the 
eventual elimination of antipersonnel landmines moratoriums on the use 
of antipersonnel landmines similar to the United States moratorium 
under subsection (a).

SEC. 5. ANTIPERSONNEL LANDMINE EXPORTS.

    (a) Purpose.--The purpose of this section is to discourage the 
proliferation of antipersonnel landmines.
    (b) Prohibition.--The United States Government shall not sell, 
license for export, or transfer any defense article or service to any 
foreign government which the President determines sells, exports, or 
transfers antipersonnel landmines.
    (c) Waiver Authority.--The President may waive the applicability of 
the prohibition in subsection (b) to a foreign government if the 
President determines that there exists an emergency which makes it 
vital to the interest of the United States for the President to waive 
such prohibition. Any such waiver may not take effect until the 
President transmits to Congress, in writing, notice of such waiver and 
the reasons for the waiver.

SEC. 6. DEFINITION.

    For purposes of this Act, the term ``antipersonnel landmine'' means 
any munition that--
            (1) is placed under, on, or near the ground or other 
        surface area;
            (2) is delivered by artillery, rocket, mortar, or similar 
        means or dropped from an aircraft; and
            (3) is designed, constructed, or adapted to be detonated or 
        exploded by the presence, proximity, or contact of a person.
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