110th CONGRESS
1st Session
S. 594
To limit the use, sale, and transfer of cluster munitions.
IN THE SENATE OF THE UNITED STATES
February 14, 2007
Mrs. FEINSTEIN (for herself, Mr. LEAHY, Mr. SANDERS, and Ms. MIKULSKI)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
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. 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. 3. PRESIDENTIAL WAIVER.
The President may waive the requirement under section 2(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. 4. 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
