II 

112TH CONGRESS 

1ST SESSION S. 558 

To limit the use of cluster munitions. 

IN THE SENATE OF THE UNITED STATES 

MARCH 10, 2011 

Mrs. FEINSTEIN (for herself, Mr. LEAHY, Mr. BINGAMAN, Mrs. BOXER, Mr. 

BROWN of Ohio, Ms. CANTWELL, Mr. CARDIN, Mr. CASEY, Mr. DURBIN, 

Mr. FRANKEN, Mr. HARKIN, Mr. JOHNSON of South Dakota, Ms. 

KLOBUCHAR, Mr. MENENDEZ, Mr. MERKLEY, Ms. MIKULSKI, Mrs. MURRAY, Mr. ROCKEFELLER, Mr. SANDERS, Mr. UDALL of New Mexico, Mr. 

WHITEHOUSE, and Mr. WYDEN) introduced the following bill; which was 

read twice and referred to the Committee on Foreign Relations 

A BILL 

To limit the use 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 2011’’. 

6 SEC. 2. LIMITATION ON THE USE OF CLUSTER MUNITIONS. 

7 No funds appropriated or otherwise available to any 

8 Federal department or agency may be obligated or ex9 pended to use any cluster munitions unless— 


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1 (1) the submunitions of the cluster munitions, 

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

3 unexploded ordnance across the range of intended 

4 operational environments; and 

5 (2) the policy applicable to the use of such clus6 ter munitions specifies that the cluster munitions 

7 will only be used against clearly defined military tar8 gets and will not be used where civilians are known 

9 to be present or in areas normally inhabited by civil10 ians. 

11 SEC. 3. PRESIDENTIAL WAIVER. 

12 The President may waive the requirement under sec13 tion 2(1) if, prior to the use of cluster munitions, the 

14 President— 

15 (1) certifies that it is vital to protect the secu16 rity of the United States; and 

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

18 certification, submits to the appropriate congres19 sional committees a report, in classified form if nec20 essary, describing in detail— 

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

22 civilians; and 

23 (B) the failure rate of the cluster muni24 tions that will be used and whether such muniVerDate Mar 15 2010 22:06 Mar 11, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S558.IS S558

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1 tions are fitted with self-destruct or self-deacti2 vation devices. 

3 SEC. 4. CLEANUP PLAN. 

4 Not later than 90 days after any cluster munitions 

5 are used by a Federal department or agency, the President 

6 shall submit to the appropriate congressional committees 

7 a plan, prepared by such Federal department or agency, 

8 for cleaning up any such cluster munitions and submuni9 tions which fail to explode and continue to pose a hazard 

10 to civilians. 

11 SEC. 5. APPROPRIATE CONGRESSIONAL COMMITTEES DE12 FINED. 

13 In this Act, the term ‘‘appropriate congressional com14 mittees’’ means the Committee on Foreign Relations, the 

15 Committee on Armed Services, and the Committee on Ap16 propriations of the Senate and the Committee on Foreign 

17 Affairs, the Committee on Armed Services, and the Com18 mittee on Appropriations of the House of Representatives. 

Æ 


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