[Congressional Record Volume 161, Number 1 (Tuesday, January 6, 2015)]
[Senate]
[Pages S15-S16]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mrs. Boxer, Mr. Cardin, Mr. 
        Durbin, Mr. Franken, Ms. Klobuchar, Mr. Leahy, Mrs. Murray, Mr. 
        Udall, Mr. Whitehouse, and Mr. Wyden):
  S. 28. A bill to limit the use of cluster munitions; to the Committee 
on Foreign Relations.
  Mrs. FEINSTEIN. Mr. President, I rise today with my colleagues 
Senators Leahy, Boxer, Durbin, Klobuchar, Murray, Udall, Franken, Wyden 
and Whitehouse to introduce the Cluster Munitions Civilian Protection 
Act of 2015.
  Our legislation places common sense restrictions on the use of 
cluster munitions. It prevents any funds from being spent to use 
cluster munitions that have a failure rate of more than one percent.
  In addition, the rules of engagement must specify that: 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.
  Our legislation also includes a national security waiver that allows 
the President to waive the prohibition on the use of cluster munitions 
with a failure rate of more than one percent if he determines it is 
vital to protect the security of the United States to do so.
  However, if the President decides to waive the prohibition, he must 
issue a report to Congress within 30 days on the failure rate of the 
cluster munitions used and the steps taken to protect innocent 
civilians.
  Cluster munitions are large bombs, rockets, or artillery shells that 
contain up to hundreds of small submunitions, or individual 
``bomblets.''
  They are intended for attacking enemy troop and armor formations 
spread over a wide area.
  But, in reality, they pose a far more deadly threat to innocent 
civilians.
  According to the Cluster Munitions Monitor, over the past fifty 
years, there have been 19,419 documented cluster munitions deaths in 31 
nations. The estimated number of total cluster munitions casualties, 
however, is an astonishing 55,000 people.
  While cluster munitions are intended for military targets, in 
actuality civilians have accounted for 94% of cluster munition 
casualties.
  Death and injury from unexploded ordnance left behind by cluster 
munitions continues to kill civilians to this day. Today, 23 States 
remain contaminated by unexploded ordnance left from cluster munitions.
  Last year, nine of these countries suffered casualties from 
unexploded ordnance. They were: Croatia, Iraq, Laos, Lebanon, Cambodia, 
South Sudan, Sudan, Syria and Vietnam.
  More tragically, despite the risk they pose to civilians, cluster 
bombs continue to be used in conflicts.
  Since July 2012, Syrian government forces have used cluster munitions 
in 10 of the country's 14 governates.
  Human Rights Watch has documented that the Syrian government has used 
seven types of cluster munitions to date, six of which were 
manufactured in the former Soviet Union and the seventh of which is 
Egyptian-made.
  In 2012 and 2013, the Landmine and Cluster Munition Monitor recorded 
1,584 deaths from government-launched cluster munitions in Syria. 
Approximately 97 percent of the deaths directly linked to cluster 
munitions were civilians.
  For the first time, Human Rights Watch has also obtained evidence 
that the Islamic State of Iraq and the Levant, known as ISIL, has also 
used cluster bombs.
  According to witness testimony and photographic evidence, ISIL used 
cluster bombs on at least two occasions near the besieged town of 
Kobani.
  Terrorist groups and other non-state actors would not be able to 
obtain and use cluster bombs if the world adopted the Oslo Treaty on 
Cluster munitions.
  The Oslo Treaty bans the production, sale, stockpiling and use of 
cluster munitions. It came into effect in 2010 and to date has been 
ratified by 88 nations.
  Under the Treaty, 22 nations have destroyed 1.16 million cluster 
bombs and nearly 140 million submunitions.
  Unfortunately, the United States is neither a signatory nor state 
party to the Oslo Treaty.
  In fact, the United States maintains a stockpile of 5.5 million 
cluster munitions containing 728 million submunitions. These bomblets 
have an estimated failure rate of between 5 and 15 percent.

[[Page S16]]

  Rather than adopting the increasing international consensus that 
cluster bombs should be banned, the Pentagon continues to assert that 
they are ``legitimate weapons with clear military utility in combat.''
  I respectfully disagree. The benefit of using cluster bombs is 
outweighed by the continuing threat they pose to civilians long after 
the cessation of hostilities.
  The Cluster Munitions Civilian Protection Act would immediately ban 
cluster bombs with unacceptable unexploded ordnance rates and in areas 
where civilians are known to be present.
  Passing this legislation would move the United States closer to 
abiding by the requirements of the Oslo Treaty, which has been ratified 
by many of our allies, including the United Kingdom, France and 
Germany.
  Since 2008 the Congress has banned the export of cluster munitions 
with a greater than one percent unexploded ordnance rate. While banning 
the export of these indiscriminate weapons was a positive first step, I 
strongly believe the United States can do better.
  This body cannot compel the administration to sign the Oslo Treaty. 
However, we can surely take steps to abide by its spirit. Passing the 
Cluster Munitions Civilian Protection Act would do exactly that.
  I urge my colleagues to support this bill.
                                 ______