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Title II — Limitations on Use of Cluster Munitions

H.R. 2438 · 113th Congress · Jun 19, 2013 · Lineage

II Limitations on Use of Cluster Munitions

Sec. 201 Definitions

In this title:
(1)
Appropriate congressional committees— The term appropriate congressional committees means the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Oversight and Government Reform of the House of Representatives.
(2)
Cluster munitions—
(A)
In general— The term cluster munitions means conventional munitions that are designed to disperse or release explosive submunitions each weighing less than 40 pounds.
(B)
Exclusions— The term does not include any of the following:
(i)
Munitions or submunitions designed to dispense flares, smoke, pyrotechnics or chaff.
(ii)
Munitions designed exclusively for an air defense role.
(iii)
Munitions or submunitions designed to produce electrical or electronic effects.
(iv)
Munitions that, in order to avoid indiscriminate area effects and risks posed by unexploded submunitions, have all of the following characteristics:
(I)
The munition contains fewer than ten explosive submunitions.
(II)
Each explosive submunition is designed to detect and engage a single target object.
(III)
Each explosive submunition is equipped with an electronic self-destruction or deactivation mechanism.
(3)
Strategic treaty ally— The term strategic treaty ally refers to a member nation of the North Atlantic Treaty Organization, Japan, the Republic of South Korea, and any other country with which the United States has entered into a security treaty.

Sec. 202 General limitation on United States use of cluster munitions

(a)
Limitation— The President, head of any Federal department or agency, or general officer or flag officer of the Armed Forces may not authorize the use of any cluster munitions unless—
(1)
the submunitions of the cluster munitions, after arming, will not result in more than 1 percent unexploded ordnance across the range of intended operational environments; and
(2)
the policy applicable to the use of the cluster munitions requires that the cluster munitions—
(A)
will only be used against clearly defined military targets; and
(B)
will not be used in locations where civilian noncombatants are known to be present or in areas normally inhabited by civilian noncombatants.
(b)
Presidential waiver authority—
(1)
Limited waiver authority— The President may waive the limitation imposed by subsection (a)(1) if, before authorizing the use of cluster munitions in a certain situation, the President certifies that use of the cluster munitions in such situation is vital to protect the security of the United States.
(2)
Congressional notification— Not later than 30 days after the date on which the President makes a certification under paragraph (1), the President shall submit to the appropriate congressional committees a report, in classified form if necessary, describing in detail—
(A)
the reasons for the certification;
(B)
the steps that were taken or will be taken to protect civilian noncombatants against contact with the cluster munitions; and
(C)
the failure rate of the cluster munitions and whether the cluster munitions are fitted with self-destruct or self-deactivation devices.
(3)
No delegation— The President may not delegate the authority to make a certification under paragraph (1).

Sec. 203 Limitation on use of cluster munitions when use is reasonably likely to unintentionally harm United States citizens or citizens of strategic treaty ally

(a)
Limitation— In addition to the limitation on the use of cluster munitions applicable under section 202(a), and notwithstanding any other provision of law, the President, head of any Federal department or agency, or general officer or flag officer of the Armed Forces may not authorize the use of any cluster munitions if the use of the cluster munitions is reasonably likely to unintentionally harm any citizen of the United States or citizen of a strategic treaty ally of the United States.
(b)
Presidential waiver authority—
(1)
Limited waiver authority— The President may waive the limitation imposed by subsection (a) if, before authorizing the use of cluster munitions, the President certifies that, notwithstanding the risk to any citizen of the United States or citizen of a strategic treaty ally of the United States, use of the cluster munitions is vital to protect the security of the United States.
(2)
Congressional notification— Not later than 30 days after the date on which the President makes a certification under paragraph (1), the President shall submit to the appropriate congressional committees a report, in classified form if necessary, describing in detail—
(A)
the reasons for the certification;
(B)
the steps that were taken or will be taken to prevent unintentional harm to any citizen of the United States or citizen of a strategic treaty ally of the United States; and
(C)
the failure rate of the cluster munitions and whether the cluster munitions are fitted with self-destruct or self-deactivation devices.
(3)
No delegation— The President may not delegate the authority to make a certification under paragraph (1).
(c)
Rule of construction— For the purposes of this section, use of cluster munitions is reasonably likely to unintentionally harm a United States citizen or a citizen of a strategic treaty ally in any situation in which any citizen of the United States or any citizen of a strategic treaty ally is known to be within a two-mile radius of the area to be targeted with cluster munitions.

Sec. 204 Cleanup plan

Not later than 90 days after the date on which any cluster munitions are used by a Federal department or agency or the Armed Forces consistent with this title, the President shall submit to the appropriate congressional committees a plan for cleaning up any of the cluster munitions and submunitions that fail to explode and, therefore, continue to pose a hazard to civilian noncombatants.

Sec. 205 Provision of cluster munitions to foreign nations

The President, head of any Federal department or agency, or general officer or flag officer of the Armed Forces may not provide any cluster munitions to a foreign nation, agency, or armed forces unless—
(1)
the cluster munitions to be provided will be used in a combined military operation with the United States; and
(2)
the use of the cluster munitions complies with the provisions of this title.