II 110th CONGRESS 1st Session S. 594 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.

1.

Short title

This Act may be cited as the Cluster Munitions Civilian Protection Act of 2007.

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.

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.

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.