[Congressional Record Volume 163, Number 61 (Friday, April 7, 2017)]
[Senate]
[Pages S2456-S2457]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Leahy, Mr. Brown, Mr. Cardin, 
        Mr. Durbin, Mr. Franken, Ms. Klobuchar, Mr. Murphy, Mrs. 
        Murray, Mr. Sanders, Mr. Udall, Mr. Whitehouse, Mr. Markey, and 
        Mr. Merkley):
  S. 897. A bill to protect civilians from cluster munitions, and for 
other purposes; to the Committee on Foreign Relations.
  Mrs. FEINSTEIN. Mr. President, I rise today with my colleagues 
Senators Leahy, Brown, Cardin, Durbin, Franken, Klobuchar, Murphy, 
Murray, Markey, Merkley, Sanders, Udall, and Whitehouse to introduce 
the Cluster Munitions Civilian Protection Act of 2017.
  First and foremost, the legislation would limit the use of cluster 
munitions by the U.S. Armed Forces. In June 2008, then-Secretary of 
Defense Robert Gates signed a memo stating that after 2018 the United 
States will not use cluster munitions with a greater than 1 percent 
unexploded ordnance rate. The Cluster Munitions Civilian Protection Act 
would codify the Gates policy by immediately prohibiting the use of 
cluster munitions with a greater than 1 percent failure rate.
  Second, this bill would make it clear that the export of U.S.-made 
cluster munitions must be contingent upon the receiving country not 
using these weapons inappropriately. Since 2008, the Congress has 
required that U.S.-made cluster munitions can only be used by the 
recipient country against clearly defined military targets and will not 
be used where civilians are known to be present or in areas normally 
inhabited by civilians.
  During the 114th Congress, the Defense Department discovered that 
several export agreements for U.S. cluster munitions--known as letters 
of offer and acceptance--failed to mirror congressional restrictions on 
their use. Specifically, the Pentagon found that letters of offer and 
acceptance with South Korea and Saudi Arabia were either incomplete or 
missing. While the Pentagon is attempting to amend the mistake, it is 
imperative that the Congress make clear that U.S.-made cluster 
munitions must not be used where civilians are known to be present or 
in areas normally inhabited by civilians. As a result, the legislation 
requires export policies and licenses to restrict cluster munition use 
against clearly defined military targets and not in civilian areas.
  Today 119 countries have signed or acceded to the Convention on 
Cluster Munitions. In fact, four of our closest allies--Canada, Great 
Britain, Germany, and France--are states parties, legally bound by all 
of the convention's provisions.
  The convention prohibits the use, production, transfer, and 
stockpiling of cluster munitions. The convention also requires the 
destruction of stockpiled cluster munitions within eight years, 
clearance of cluster munition remnants within 10 years, and assistance 
to victims, including those injured by submunitions.
  I am disappointed that the United States has not signed the 
convention but believe we can move toward doing so. This legislation 
states that it is the sense of Congress that No. 1, the U.S. Government 
should phase out the use of all cluster munitions as soon as possible; 
No. 2, any alternatives that the United States develops to replace 
cluster munitions should be compliant with the Convention on Cluster 
Munitions; and No. 3, the United States should accede to the convention 
as soon as possible.
  The United States has not widely used cluster munitions since the 
first weeks of the 2003 Iraq war. Unfortunately, cluster munitions have 
been used by others around the world with devastating effect on 
civilians in the past year.
  According to the Cluster Munition Monitor, since 2012, Syrian 
government forces have used at least 13 different types of cluster 
munitions in 360 recorded attacks. Additionally, the United States and 
the United Kingdom have publicly accused Russia of using these weapons 
in Syria, including against the moderate opposition.
  In Yemen, the Saudi-backed coalition has employed cluster munitions 
against the Houthis. Human Rights Watch and Amnesty International have 
documented at least 19 instances of cluster munitions use in Yemen, 
including with U.S.-made weapons. The U.S. Defense Department has 
acknowledged that U.S.-made weapons were employed in Yemen, though the 
Pentagon has said their use didn't violate export restrictions.
  Finally, there is evidence that cluster munitions were also used in 
the Nagorno-Karabakh region and by Kenya in Somalia.
  According to the Cluster Munitions Monitor, over the past 50 years, 
there have been 20,300 documented cluster munitions deaths in 33 
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 accounted for 97 percent of cluster munition 
casualties in 2015.
  Worldwide casualties caused by cluster munitions demonstrate that 
they are indiscriminate weapons. While U.S.-made cluster munitions 
reduce the likelihood of civilian casualties when they are used 
correctly, U.S. ratification of the Convention on Cluster Munitions 
would help move the world toward a global ban.
  This legislation moves the United States toward accession by 
codifying the Gates policy and encouraging the Pentagon to develop 
alternatives to cluster munitions that are compliant with the 
convention.
  Mr. President, the Congress cannot compel the administration to sign 
the Convention on Cluster Munitions. But, 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.

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