[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.
                                 ______