S. 896 Landmine Elimination Act of 1997


105th CONGRESS

1st Session

S.896

IN THE SENATE OF THE UNITED STATES

Mr. Leahy (for himself, Mr. Hagel, Mr. Kerrey, Mr. McCain, Mr. Cleland, Mr. Kempthorne, Mr. Inouye, Mr. Lugar, Mr. McConnell, Mr. Levin, Mr. Hatch, Mr. Lieberman, Ms. Snowe, Mr. Kerry, Mr. Grassley, Mr. Robb, Mr. Chafee, Mr. Breaux, Mr. Gordon Smith, Mrs. Feinstein, Mr. Moynihan, Mr. Specter, Mr. Bumpers, Ms. Collins, Mr. Durbin, Mr. Jeffords, Mr. Reid, Mr. Dodd, Mr. D'Amato, Mr. Byrd, Mr. Campbell, Mr. Conrad, Mr. Rockefeller, Mr. Johnson, Mr. Bingaman, Mr. Dorgan, Mr. Daschle, Ms. Mikulski, Mr. Torricelli, Mr. Lautenberg, Ms. Landrieu, Mr. Reed, Mr. Wellstone, Mr. Kennedy, Mr. Bryan, Mr. Feingold, Ms. Moseley-Braun, Mr. Sarbanes, Mr. Kohl, Mrs. Boxer, Mr. Harkin, Mrs. Murray, Mr. Ford, Mr. Akaka, Mr. Baucus, Mr. Biden, and Mr. Wyden).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 are to begin in Oslo, Norway in September 1997;

(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 (a).

(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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