[Congressional Record Volume 168, Number 153 (Thursday, September 22, 2022)]
[Senate]
[Pages S4985-S4986]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5590. Mr. HAWLEY submitted an amendment intended to be proposed to
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe)
and intended to be proposed to the bill H.R. 7900, to authorize
appropriations for fiscal year 2023 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. PROHIBITION ON USE OF FUNDS FOR ANTI-PERSONNEL
LANDMINE REDUCTION.
(a) In General.--Except as provided in subsection (g), none
of the funds authorized to be appropriated by this Act for
fiscal year 2023 for the Department of Defense may be
obligated or expended for the purpose of implementing the
activities described in subsection (b) until the date on
which the Secretary of Defense provides to the Committees on
Armed Services of the Senate and House of Representatives--
(1) the certification described in subsection (c);
(2) the report on the results of the assessment under
subsection (d); and
(3) the report under subsection (e).
(b) Activities Described.--The activities described in this
subsection are the following:
(1) Development, production, or acquisition of anti-
personnel landmines.
(2) Employment of anti-personnel landmines by the United
States Armed Forces.
(3) Export or transfer of anti-personnel landmines to
allied or partner countries or other third parties.
(4) Assistance, encouragement, or inducement of allied and
partner country military activities related to anti-personnel
landmines, including acquisition, deployment, or employment
of anti-personnel landmines.
(5) Destruction, or redeployment for purposes of
destruction, of anti-personnel landmines.
(6) Removal of anti-personnel landmines from existing in-
theater munitions warstocks or afloat pre-positioned
warstocks.
(c) Certification Required.--The certification described in
this subsection is a certification by the Secretary that
implementation of the changes to the United States Anti-
Personnel Landmine Policy announced on June 21, 2022, would
not inhibit United States or allied or partner country
capabilities to delay, degrade, and deny armed seizure of
allied or partner country territory, in particular the
seizure of North Atlantic Treaty Organization territory by
the Russian Federation and the seizure of Taiwan by the
People's Republic of China.
(d) Assessment Required.--
(1) In general.--The Secretary shall direct a federally
funded research and development center to conduct an
assessment of the role of anti-personnel landmines, on their
own or in combination with other types of mines, such as
anti-tank mines, to delay, degrade, and deny armed
territorial seizure, in particular the seizure of North
Atlantic Treaty Organization territory by the Russian
Federation and the seizure of Taiwan by the People's Republic
of China.
(2) Elements.--The assessment required by paragraph (1)
shall include an assessment of the following:
(A) The role anti-personnel landmines may be able to play
in supporting efforts by the United States Armed Forces and
the military forces of allied and partner countries in
delaying, degrading, or denying aggression by the Russian
Federation or the People's Republic of China, including by--
(i) impeding enemy mobility;
(ii) forcing enemy movement in directions that permit
friendly forces to more effectively engage and destroy enemy
forces;
(iii) alerting defenders to enemy approach or infiltration
and delaying or preventing dismounted infantry or insurgent
attacks;
(iv) protecting anti-tank mines from enemy tampering or
rapid breaching;
(v) providing rear-area protection for operational bases
and combat support and logistics units; and
(vi) providing protection for smaller, lighter forces
during the early stages of forced entry operations.
(B) The ability of weapons other than anti-personnel
landmines to achieve similar operational effects as anti-
personnel landmines in support of United States and allied
and partner country force requirements at similar or reduced
costs relative to anti-personnel and anti-tank landmines.
(C) The costs associated with the changes to the United
States Anti-Personnel Landmine Policy announced on June 21,
2022, relative to maintaining the Department of Defense Anti-
Personnel Landmine Policy issued on January 31, 2020.
(3) Report.--
(A) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the findings of the assessment
required by paragraph (1).
(B) Form.--The report required by this paragraph shall be
submitted in unclassified form but many include a classified
annex.
(e) Report.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report detailing the process
by which the comprehensive policy review described in the
changes to the United States Anti-Personnel Landmine Policy
announced on June 21, 2022, was conducted, including--
(A) the findings of such comprehensive policy review;
(B) a description of the analytical process and research
methodology used for such comprehensive policy review; and
(C) a description of the role of, and the comments and
perspectives provided by, the Secretary, the Chairman of the
Joint Chefs of Staff, the Under Secretary of Defense for
Policy, the Commander of the United States
[[Page S4986]]
European Command, the Commander of the United States Indo-
Pacific Command, the Commander of the United States Central
Command, the Commander of the United States Africa Command,
and the Commander of the United States Special Operations
Command during such comprehensive policy review.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but many include a classified
annex.
(f) Funding.--Of the amounts authorized to be appropriated
for fiscal year 2023 for the Department of Defense by this
Act, $300,000 shall be made available to carry out the
reports under subsections (d)(3) and (e).
(g) Exception.--The prohibition under subsection (a) shall
not apply to the deactivation, dismantlement, or retiring of
anti-personnel landmine ordnance and components for the
express purpose of safety and sustainment.
______