I 

110TH CONGRESS 

1ST SESSION H. R. 1755 

To limit the use, sale, and transfer of cluster munitions. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2007 

Mr. MCGOVERN (for himself, Ms. MCCOLLUM of Minnesota, and Mr. ISSA) 

introduced the following bill; which was referred to the Committee on 

Foreign Affairs, and in addition to the Committee on Armed Services, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To limit the use, sale, and transfer of cluster munitions. 

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 2007’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Cluster munitions pose grave dangers to ci9 vilian populations because of their wide area effects 

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1 and the large number of active duds which are trig2 gered indiscriminately like landmines. 

3 (2) Tens of thousands of civilians have been 

4 killed and injured by cluster munitions in more than 

5 20 countries. 

6 (3) At least 34 countries have produced cluster 

7 munitions and at least 75 countries stockpile cluster 

8 munitions containing billions of submunitions. 

9 (4) On February 23, 2007, 47 countries com10 mitted to conclude by 2008 a new legally binding in11 strument that will prohibit the use, production, 

12 transfer and stockpiling of cluster munitions that 

13 cause unacceptable harm to civilians. 

14 (5) In January 2001, the Department of De15 fense stated that in the future it would purchase 

16 only cluster munitions with a 99 percent or higher 

17 functioning rate. 

18 (6) In view of the growing problems caused by 

19 cluster munitions for civilian populations during and 

20 after conflicts, as well as the proliferation of these 

21 indiscriminate weapons, the United States should 

22 play a leadership role in addressing this problem by 

23 ensuring that cluster munitions used, sold, or trans24 ferred by the United States have a 99 percent or 

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1 higher functioning rate and are subject to strict con2 trols to prevent unacceptable harm to civilians. 

3 SEC. 3. LIMITATION ON THE USE, SALE, OR TRANSFER OF 

4 CLUSTER MUNITIONS. 

5 No funds appropriated or otherwise available to any 

6 Federal department or agency may be obligated or ex7 pended to use, sell, or transfer any cluster munitions un8 less— 

9 (1) the submunitions of the cluster munitions 

10 have a 99 percent or higher functioning rate; 

11 (2) the policy applicable to the use, or the 

12 agreement applicable to the sale or transfer, of such 

13 cluster munitions specifies that the cluster munitions 

14 will only be used against clearly defined military tar15 gets and will not be used where civilians are known 

16 to be present or in areas normally inhabited by civil17 ians; and 

18 (3) not later than 30 days after such cluster 

19 munitions are used, the President submits to the ap20 propriate congressional committees a plan, including 

21 estimated costs, for cleaning up any such cluster 

22 munitions and submunitions which fail to explode 

23 and continue to pose a hazard to civilians that is 

24 prepared, as applicable— 

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1 (A) by the head of such Federal depart2 ment or agency in the event such cluster muni3 tions are to be used by the United States Gov4 ernment; or 

5 (B) by the government of the country to 

6 which the United States Government sold or 

7 transferred such cluster munitions. 

8 SEC. 4. PRESIDENTIAL WAIVER. 

9 The President may waive the requirement under sec10 tion 3(1) if, prior to the use, sale, or transfer of cluster 

11 munitions, the President— 

12 (1) certifies that it is vital to protect the secu13 rity of the United States; and 

14 (2) not later than 30 days after making such 

15 certification, submits to the appropriate congres16 sional committees a report, in classified form if nec17 essary, describing in detail— 

18 (A) the steps that will be taken to protect 

19 civilians; and 

20 (B) the failure rate of the cluster muni21 tions that will be used, sold, or transferred and 

22 whether such munitions are fitted with self-de23 struct or self-neutralization devices. 

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1 SEC. 5. APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED. 

3 In this Act, the term ‘‘appropriate congressional com4 mittees’’ means the Committee on Foreign Relations of 

5 the Senate and the Committee on Foreign Affairs of the 

6 House of Representatives. 

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