[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 594 Introduced in Senate (IS)]







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.
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