[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 940 Introduced in Senate (IS)]







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. Moseley-Braun, 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.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

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

SEC. 2. CONVENTIONAL WEAPONS CONVENTION REVIEW.

    At the United Nations conference to review the 1980 Conventional 
Weapons Convention, including Protocol II on land mines, which is to be 
held from September 25 to October 13, 1995, the President shall 
actively support proposals to modify Protocol II which would implement 
as rapidly as possible the United States goal of eventually eliminating 
antipersonnel land mines.
SEC. 3. MORATORIUM ON USE OF ANTIPERSONNEL LAND MINES.

    (a) United States Moratorium.--(1) For a period of one year 
beginning three years after the date of the enactment of this Act, the 
United States Government shall not use antipersonnel land mines except 
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.
    (2) If the President determines, before the end of the period of 
the United States moratorium under paragraph (1), that the governments 
of other nations are implementing moratoriums on use of antipersonnel 
land mines similar to the United States moratorium, the President may 
extend the period of the United States 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 land mine crisis by implementing moratoriums on use of 
antipersonnel land mines similar to the United States moratorium, as an 
interim step toward the eventual elimination of antipersonnel land 
mines.

SEC. 4. ANTIPERSONNEL LAND MINE EXPORTS.

    (a) Prohibition.--In order to further discourage the proliferation 
of antipersonnel land mines, the United States Government shall not 
sell, license for export, or otherwise transfer defense articles and 
services to any foreign government which the President determines 
sells, exports, or otherwise transfers antipersonnel land mines.
    (b) Waiver Authority.--The President may waive the applicability of 
the prohibition in subsection (a) to a foreign government if--
            (1) the President determines that there exists an emergency 
        which makes it vital to the interest of the United States for 
        the President to waive the prohibition; and
            (2) the President first notifies Congress of the waiver and 
        the reasons for the waiver.

SEC. 5. DEFINITIONS.

    For purposes of this Act:
            (1) Antipersonnel land mine.--The term ``antipersonnel land 
        mine'' means any munition placed under, on, or near the ground 
        or other surface area, delivered by artillery, rocket, mortar, 
        or similar means, or dropped from an aircraft and which is 
        designed, constructed, or adapted to be detonated or exploded 
        by the presence, proximity, or contact of a person.
            (2) 1980 conventional weapons convention.--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 Indiscriminate Effects, together with the protocols 
        relating thereto, done at Geneva on October 10, 1980.
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