Short title

This Act may be cited as the

Cluster Munitions Civilian Protection Act of 2007

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.

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.

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.

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.