[Congressional Record Volume 159, Number 29 (Thursday, February 28, 2013)]
[Extensions of Remarks]
[Pages E219-E220]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           CLUSTER MUNITIONS CIVILIAN PROTECTION ACT OF 2013

                                 ______
                                 

                         HON. JAMES P. McGOVERN

                            of massachusetts

                    in the house of representatives

                      Thursday, February 28, 2013

  Mr. McGOVERN. Mr. Speaker, today I am honored to join my esteemed 
colleagues, Representative Charles Boustany (R-LA) and Senators Dianne 
Feinstein (D-CA) and Patrick Leahy (D-VT) in introducing the Cluster 
Munitions Civilian Protection Act of 2013. This bill will restrict the 
use and deployment of dangerous cluster munitions.
  Cluster bombs are canisters designed to open in the air before making 
contact, dispersing between 200 and 400 small munitions that can 
saturate a radius of 250 yards. The bombs are intended for military use 
when attacking enemy troop formations, but are often used in or near 
populated areas. This is a problem because up to 40 percent of these 
bomblets fail to explode and become de facto landmines, posing a 
significant risk to civilians--particularly children--lasting years 
after a conflict ends.
  The Cluster Munitions Civilian Protection Act prevents any U.S. 
military funds from being used on cluster munitions with a failure rate 
of more than 1 percent, unless the rules of engagement specify that 
cluster munitions (1) will only be used against clearly defined 
military targets, and (2) will not be used where civilians are known to 
be present or in areas normally inhabited by civilians.
  The bill requires the president to report to Congress on the plan to 
clean up unexploded cluster munitions, and it includes a national 
security waiver allowing the president to waive the prohibition if he 
determines such a waiver is vital to national security.
  Mr. Speaker, current law prohibits U.S. sales, exports and transfers 
of cluster munitions that have a failure rate exceeding 1 percent. The 
law also requires any sale, export or transfer agreement to include a 
requirement that the cluster munitions will be used only against 
military targets. Regrettably, the Pentagon insists that the U.S. 
should continue to have the ability to use millions of stockpiled 
cluster munitions that have estimated failure rates of 5 to 20 percent 
until 2018. This is simply not acceptable; we can do better.
  I believe strongly that the United States should be an international 
leader in ending the terrible toll on civilian populations caused by 
the high failure rate of these weapons. Passage of this bill would 
establish in law the Pentagon's standard of a 99 percent functioning 
rate for all U.S. cluster munitions, and ensure that our deployment and 
use of these munitions adhere uniformly to this standard. We must do 
everything possible to spare innocent civilians intended for military 
targets. The current risk posed by cluster munitions is simply 
unacceptable.
  In 2011, Handicap International studied the effects of cluster bombs 
in 24 countries and regions, including Afghanistan, Chechnya, Laos and 
Lebanon. Its report found civilians make up 98 percent of those killed 
or injured by cluster bombs, and 27 percent of the casualties were 
children.
  The Oslo Convention on Cluster Munitions--which has been signed by 
111 countries and ratified by 77--prohibits the production, use and 
export of cluster munitions and requires signatories to eliminate their 
arsenals within eight years. While nearly all of our major military 
allies have joined this treaty, to date, the United States has not.
  There will always be those who will argue against such a change in 
military policy and practice, who will say this can't be done. History 
argues otherwise. I am hopeful that we can make significant progress on 
this issue and pass this legislation during the 113th Congress.

[[Page E220]]



                          ____________________