S.Amdt. 5590
What it does: Adds SEC. ___. PROHIBITION ON USE OF FUNDS FOR ANTI-PERSONNEL LANDMINE REDUCTION wherever appropriateWhat it changes
1 change to S.Amdt. 5499
Adds SEC. ___. PROHIBITION ON USE OF FUNDS FOR ANTI-PERSONNEL LANDMINE REDUCTION wherever appropriate
Adds a sectionInserted: SEC. ___. PROHIBITION ON USE OF FUNDS FOR ANTI-PERSONNEL LANDMINE REDUCTION.
Inserted: (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--
Inserted: (1) the certification described in subsection (c);
Inserted: (2) the report on the results of the assessment under subsection (d); and
Inserted: (3) the report under subsection (e).
Inserted: (b) Activities Described.--The activities described in this subsection are the following:
Inserted: (1) Development, production, or acquisition of anti-personnel landmines.
Inserted: (2) Employment of anti-personnel landmines by the United States Armed Forces.
Inserted: (3) Export or transfer of anti-personnel landmines to allied or partner countries or other third parties.
Inserted: (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.
Inserted: (5) Destruction, or redeployment for purposes of destruction, of anti-personnel landmines.
Inserted: (6) Removal of anti-personnel landmines from existing in-theater munitions warstocks or afloat pre-positioned warstocks.
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Inserted: (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.
Inserted: (d) Assessment Required.--
Inserted: (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.
Inserted: (2) Elements.--The assessment required by paragraph (1) shall include an assessment of the following:
Inserted: (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--
Inserted: (i) impeding enemy mobility;
Inserted: (ii) forcing enemy movement in directions that permit friendly forces to more effectively engage and destroy enemy forces;
Inserted: (iii) alerting defenders to enemy approach or infiltration and delaying or preventing dismounted infantry or insurgent attacks;
Inserted: (iv) protecting anti-tank mines from enemy tampering or rapid breaching;
Inserted: (v) providing rear-area protection for operational bases and combat support and logistics units; and
Inserted: (vi) providing protection for smaller, lighter forces during the early stages of forced entry operations.
Inserted: (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.
Inserted: (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.
Inserted: (3) Report.--
Inserted: (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).
Inserted: (B) Form.--The report required by this paragraph shall be submitted in unclassified form but many include a classified annex.
Inserted: (e) Report.--
Inserted: (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--
Inserted: (A) the findings of such comprehensive policy review;
Inserted: (B) a description of the analytical process and research methodology used for such comprehensive policy review; and
Inserted: (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 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.
Inserted: (2) Form.--The report required by paragraph (1) shall be submitted in unclassified form but many include a classified annex.
Inserted: (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).
Inserted: (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.
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Original wording
At the appropriate place, insert the following:
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As printed
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 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.
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Senate amendment submitted
September 22, 2022