[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2459 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2459

  To restrict the use of funds for new deployments of anti-personnel 
                   landmines, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 11, 1997

Mr. Evans (for himself, Mr. Quinn, Mr. Moran of Virginia, Mr. Lewis of 
  Georgia, Mr. Delahunt, Mr. McGovern, Mr. Hinchey, Mr. Sanders, Mr. 
 Capps, Mr. Underwood, Mr. Allen, Mr. Filner, Ms. Furse, Ms. Lofgren, 
Mr. Barrett of Wisconsin, Ms. Sanchez, Mrs. Morella, Mr. Faleomavaega, 
  Ms. Harman, Mr. Gutierrez, Mr. Wexler, Mr. Boehlert, Mr. Upton, Mr. 
    Bonior, Ms. Pelosi, Mrs. Kelly, Mr. Gejdenson, Mr. LaFalce, Ms. 
Stabenow, Mr. Olver, Mr. Clay, Mr. English of Pennsylvania, Mr. Ehlers, 
    Mr. Fawell, Mr. Fox of Pennsylvania, Mr. Klug, Mr. Porter, Mrs. 
    Roukema, Mr. Gilchrest, Mr. Castle, Mr. Matsui, Mr. Hastings of 
 Florida, Mr. Paxon, Mr. Shays, Mr. Smith of New Jersey, Mr. Cooksey, 
     Mr. LaHood, Mr. Markey, Ms. Woolsey, Mr. Weller, Mr. Brown of 
California, Ms. Eshoo, Mr. Gephardt, Ms. Slaughter, Mr. Blumenauer, Mr. 
   Brown of Ohio, Mr. Rush, Mr. Manton, Mr. LoBiondo, Mr. Maloney of 
  Connecticut, Mr. Dooley of California, Mr. Tierney, Mr. Flake, Ms. 
 Hooley of Oregon, Mr. Towns, Ms. McCarthy of Missouri, Mr. Yates, Ms. 
  Kaptur, Mr. Kanjorski, Ms. Rivers, Mr. Strickland, Mr. Pomeroy, Mr. 
    Conyers, Mr. Costello, Mr. Bilbray, Mr. Leach, Mr. Pastor, Ms. 
 Kilpatrick, Ms. Carson, Mr. Adam Smith of Washington, Mr. Kennedy of 
 Rhode Island, Mr. Kennedy of Massachusetts, Mr. Stark, Mr. Minge, Mr. 
Bentsen, Mr. Dixon, Mr. Torres, Ms. DeLauro, Mr. John, Ms. Waters, Ms. 
 DeGette, Mr. Moakley, Mr. Davis of Illinois, Mr. Farr of California, 
Mr. Engel, Mr. Visclosky, Mr. Frank of Massachusetts, Mr. Franks of New 
 Jersey, Mr. Nadler, Mr. Cummings, Mrs. Maloney of New York, Mrs. Mink 
of Hawaii, Mrs. Lowey, Mr. Lampson, Mr. Borski, Mr. Davis of Virginia, 
 Mrs. Johnson of Connecticut, Mr. Pascrell, Mr. Schumer, Mr. Kleczka, 
  Mr. Clement, Mr. Hamilton, Mr. Sabo, Mr. Neal of Massachusetts, Ms. 
Norton, Mr. Lantos, Mr. Foley, Mr. Camp, Mr. Kucinich, Mr. Skaggs, Mr. 
Sherman, Mr. Obey, Ms. McKinney, Mr. Frost, Mrs. McCarthy of New York, 
    Mr. Poshard, Mr. Serrano, Mr. Wynn, Mr. Walsh, Mr. Dellums, Mr. 
Lipinski, Ms. Velazquez, Mr. LaTourette, Mr. Abercrombie, Mr. Horn, Mr. 
   Kind, Mr. Weygand, Mr. Baldacci, Ms. Pryce of Ohio, and Mr. Wolf) 
 introduced the following bill; which was referred to the Committee on 
 National Security, and in addition to the Committee on International 
 Relations, 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 restrict the use of funds for new deployments of anti-personnel 
                   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 Elimination Act of 1997''.

    SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) On August 4, 1995, the Senate voted 67-27 to impose a 
        moratorium on United States use of anti-personnel landmines 
        beginning in February 1999.
            (2) On April 3, 1996, 15 senior retired United States 
        military officers, including the former commanding officers of 
        United States Armed Forces in Korea, the North Atlantic Treaty 
        Organization (NATO), Vietnam, and Desert Storm, urged the 
        President to ban the production, stockpiling, sale, and use of 
        anti-personnel landmines.
            (3) The generals stated that a ban would be ``humane and 
        militarily responsible'' and that it ``would not undermine the 
        military effectiveness or safety of our forces, nor those of 
        other nations''.
            (4) In Vietnam, 7,318 United States military personnel were 
        killed, and 56,783 were injured, from landmines.
            (5) In Bosnia, at least 204 soldiers under United Nations 
        command have been injured, and 20 killed, and at least 55 
        soldiers under NATO command have been injured, and 9 killed, by 
        landmines.
            (6) The Department of State estimates that a man, woman, or 
        child is killed or injured by a landmine every 22 minutes.
            (7) On May 16, 1996, President Clinton declared that the 
        United States would ``aggressively pursue'' an international 
agreement to ban anti-personnel landmines.
            (8) On June 7, 1996, the members of the Organization of 
        American States, including the United States, declared the goal 
        of a Western Hemisphere landmine free zone.
            (9) On June 4, 1997, the members of the Organization of 
        African Unity adopted the goal of the establishment of Africa 
        as an anti-personnel landmine free zone.
            (10) On October 5, 1996, the Government of Canada announced 
        that it would pursue negotiations on a treaty banning anti-
        personnel landmines to be completed at Ottawa in December 1997.
            (11) On December 10, 1996, the United Nations General 
        Assembly passed by a vote of 156-0 (with 10 abstentions), a 
        United States-sponsored resolution to ``pursue vigorously'' a 
        treaty banning the use, stockpiling, production, and transfer 
        of anti-personnel landmines, with a view to completing the 
        negotiation ``as soon as possible''.
            (12) Formal negotiations on the Ottawa treaty began in 
        Oslo, Norway on September 1, 1997, with a moment of silence in 
        memory of Diana, Princess of Wales, who was a passionate 
        advocate for a total ban on anti-personnel landmines.
            (13) By exerting its unmatched international influence, the 
        United States could secure broad support for a legally binding 
        international treaty banning anti-personnel landmines.
            (14) Such a treaty would further United States security and 
        humanitarian interests by deterring the use of anti-personnel 
        landmines against United States Armed Forces and civilians.

SEC. 3. RESTRICTION ON NEW DEPLOYMENTS OF ANTI-PERSONNEL LANDMINES.

    (a) Restriction.--Beginning on January 1, 2000, no funds 
appropriated or otherwise available to any department or agency of the 
United States may be obligated or expended for new deployments of anti-
personnel landmines.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Defense shall submit to Congress a report 
describing actions and proposals to substitute for new deployments of 
such landmines on the Korean Peninsula.
    (c) Consultations.--The Secretary shall consult with individuals 
having a variety of backgrounds and expertise in preparing the report 
required under subsection (b).
    (d) Delay.--The President may delay application of the restriction 
in subsection (a) with respect to the Korean Peninsula if, not later 
than January 1, 2000 and each year thereafter, he submits a report to 
Congress certifying that new deployments of anti-personnel landmines on 
the Korean Peninsula in the event of a war in Korea or a period of 
emergency in Korea declared by the President would be indispensable to 
the defense of the Republic of Korea in such year.
    (e) Certification Requirements.--The report under subsection (d) 
shall include a description of efforts made to implement the proposals 
described in the report submitted under subsection (b) and any similar 
proposals prepared subsequently by the Secretary of Defense and the 
Chairman of the Joint Chiefs of Staff.

SEC. 4. DEFINITIONS.

    (a) Definitions.--In this Act--
            (1) The term ``anti-personnel landmine'' means 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, constructed, 
        or adapted to be detonated or exploded by the presence, 
        proximity, or contact of a person and that will incapacitate, 
        injure, or kill one or more persons.
            (2) The term ``new deployments of anti-personnel 
        landmines'' means the emplacement or arming of such landmines 
        on or after January 1, 2000.
    (b) Exclusions.--The term ``anti-personnel landmine'' does not 
include command-detonated Claymore munitions.
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