110th CONGRESS
1st Session
H. R. 1755
To limit the use, sale, and transfer of cluster munitions.
IN THE HOUSE OF REPRESENTATIVES
March 29, 2007
Mr. MCGOVERN (for himself, Ms. MCCOLLUM of Minnesota, and Mr. ISSA) introduced
the following bill; which was referred to the Committee on Foreign Affairs,
and in addition to the Committee on Armed Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To limit the use, sale, and transfer of cluster munitions.
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 `Cluster Munitions Civilian Protection Act
of 2007'.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Cluster munitions pose grave dangers to civilian populations because
of their wide area effects and the large number of active duds which are
triggered indiscriminately like landmines.
(2) Tens of thousands of civilians have been killed and injured by cluster
munitions in more than 20 countries.
(3) At least 34 countries have produced cluster munitions and at least
75 countries stockpile cluster munitions containing billions of submunitions.
(4) On February 23, 2007, 47 countries committed to conclude by 2008 a
new legally binding instrument that will prohibit the use, production,
transfer and stockpiling of cluster munitions that cause unacceptable
harm to civilians.
(5) In January 2001, the Department of Defense stated that in the future
it would purchase only cluster munitions with a 99 percent or higher functioning
rate.
(6) In view of the growing problems caused by cluster munitions for civilian
populations during and after conflicts, as well as the proliferation of
these indiscriminate weapons, the United States should play a leadership
role in addressing this problem by ensuring that cluster munitions used,
sold, or transferred by the United States have a 99 percent or higher
functioning rate and are subject to strict controls to prevent unacceptable
harm to civilians.
SEC. 3. LIMITATION ON THE USE, SALE, OR TRANSFER OF CLUSTER MUNITIONS.
No funds appropriated or otherwise available to any Federal department or
agency may be obligated or expended to use, sell, or transfer any cluster
munitions unless--
(1) the submunitions of the cluster munitions have a 99 percent or higher
functioning rate;
(2) the policy applicable to the use, or the agreement applicable to the
sale or transfer, of such cluster munitions specifies that the cluster
munitions will only be used against clearly defined military targets and
will not be used where civilians are known to be present or in areas normally
inhabited by civilians; and
(3) not later than 30 days after such cluster munitions are used, the
President submits to the appropriate congressional committees a plan,
including estimated costs, for cleaning up any such cluster munitions
and submunitions which fail to explode and continue to pose a hazard to
civilians that is prepared, as applicable--
(A) by the head of such Federal department or agency in the event such
cluster munitions are to be used by the United States Government; or
(B) by the government of the country to which the United States Government
sold or transferred such cluster munitions.
SEC. 4. PRESIDENTIAL WAIVER.
The President may waive the requirement under section 3(1) if, prior to
the use, sale, or transfer of cluster munitions, the President--
(1) certifies that it is vital to protect the security of the United States;
and
(2) not later than 30 days after making such certification, submits to
the appropriate congressional committees a report, in classified form
if necessary, describing in detail--
(A) the steps that will be taken to protect civilians; and
(B) the failure rate of the cluster munitions that will be used, sold,
or transferred and whether such munitions are fitted with self-destruct
or self-neutralization devices.
SEC. 5. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term `appropriate congressional committees' means the Committee
on Foreign Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives.
END
