S.940 - A bill to support proposals to implement the United States goal of eventually eliminating antipersonnel landmines; to impose a moratorium on use of antipersonnel landmines except in limited circumstances; to provide for sanctions against foreign governments that export antipersonnel landmines, and for other purposes.104th Congress (1995-1996)
|Sponsor:||Sen. Leahy, Patrick J. [D-VT] (Introduced 06/16/1995)|
|Committees:||Senate - Foreign Relations|
|Latest Action:||07/21/1995 Sponsor introductory remarks on measure. (CR S10481-10484) (All Actions)|
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Text: S.940 — 104th Congress (1995-1996)All Information (Except Text)
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Introduced in Senate (06/16/1995)
[Congressional Bills 104th Congress] [From the U.S. Government Printing 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. <all>