II 

115TH CONGRESS 

1ST SESSION S. 897 

To protect civilians from cluster munitions, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 7, 2017 

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) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To protect civilians from cluster munitions, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cluster Munitions Ci5 vilian Protection Act of 2017’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The Convention on Cluster Munitions, done 

9 at Dublin May 30, 2008, and entered into force AuVerDate Sep 11 2014 01:56 Apr 18, 2017 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S897.IS S897

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1 gust 1, 2010, now has 100 States Parties, including 

2 Canada, France, Germany, and the United King3 dom, and an additional 19 signatories. 

4 (2) The Convention on Cluster Munitions, 

5 which comprehensively bans the use, production, ac6 quisition, export, or transfer of cluster munitions 

7 and requires the destruction of existing stockpiles, 

8 clearance of contaminated land, and assistance to 

9 cluster munition victims, has led to the destruction 

10 of nearly 1,400,000 cluster munitions containing 

11 more than 170,000,000 submunitions. 

12 (3) Under a policy issued in 2008 by Secretary 

13 of Defense Robert Gates, by the end of 2018, the 

14 United States will no longer use cluster munitions 

15 anywhere in the world, unless, after arming, the 

16 cluster munitions do not result in more than 1 per17 cent unexploded ordnance across the range of in18 tended operational environments. 

19 (4) The CBU–105 Sensor Fuzed Weapon meets 

20 the standard established by Secretary Gates in 

21 2008. 

22 SEC. 3. LIMITATION ON THE USE OF CLUSTER MUNITIONS. 

23 No funds appropriated or otherwise available to any 

24 Federal department or agency may be obligated or exVerDate Sep 11 2014 01:56 Apr 18, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S897.IS S897

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1 pended to purchase, transfer, issue a license for the export 

2 of, or use any cluster munitions unless— 

3 (1) the submunitions of the cluster munitions, 

4 after arming, do not result in more than 1 percent 

5 unexploded ordnance across the range of intended 

6 operational environments; and 

7 (2) the policy applicable to the export or trans8 fer of such cluster munitions specifies that the clus9 ter munitions will only be used against clearly de10 fined military targets and will not be used where ci11 vilians are known to be present or in areas normally 

12 inhabited by civilians. 

13 SEC. 4. SENSE OF CONGRESS. 

14 It is the sense of Congress that— 

15 (1) the Secretary of Defense should ensure that 

16 the July 2008 Gates policy on cluster munitions is 

17 being fully implemented and that the 2018 deadline 

18 referred to in section 2(3) will be met; 

19 (2) the United States Government should adopt 

20 a policy and develop a strategy to phase out, as soon 

21 as possible, the transfer, export, and use of all clus22 ter munitions; 

23 (3) any alternatives that the United States Gov24 ernment develops to replace cluster munitions should 


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1 be compliant with the Convention on Cluster Muni2 tions; and 

3 (4) the United States should take all steps nec4 essary to enable it to accede to the Convention on 

5 Cluster Munitions as soon as possible. 

Æ 


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