[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 981 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 981

                 To limit the use of cluster munitions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 11, 2009

 Mr. McGovern (for himself, Mr. Issa, Ms. McCollum, Mr. Boustany, Mr. 
    Moran of Virginia, Mr. Ellison, and Mr. Rahall) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
                 To limit the use 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 2009''.

SEC. 2. LIMITATION ON THE USE OF CLUSTER MUNITIONS.

    No funds appropriated or otherwise available to any Federal 
department or agency may be obligated or expended to use any cluster 
munitions unless--
            (1) the submunitions of the cluster munitions, after 
        arming, do not result in more than 1 percent unexploded 
        ordnance across the range of intended operational environments; 
        and
            (2) the policy applicable to the use 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.

SEC. 3. PRESIDENTIAL WAIVER.

    The President may waive the requirement under section 2(1) if, 
prior to the use 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 and whether such munitions are fitted with 
                self-destruct or self-deactivation devices.

SEC. 4. CLEANUP PLAN.

    Not later than 90 days after any cluster munitions are used by a 
Federal department or agency, the President shall submit to the 
appropriate congressional committees a plan, prepared by such Federal 
department or agency, for cleaning up any such cluster munitions and 
submunitions which fail to explode and continue to pose a hazard to 
civilians.

SEC. 5. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this Act, the term ``appropriate congressional committees'' 
means the Committee on Foreign Relations, the Committee on Armed 
Services, and the Committee on Appropriations of the Senate and the 
Committee on Foreign Affairs, the Committee on Armed Services, and the 
Committee on Appropriations of the House of Representatives.
                                 <all>