[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1755 Introduced in House (IH)]







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.
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