The President may waive the requirement under section 2(1) if, prior to the use of cluster munitions, the President—
(1)
certifies that it is vital to protect the security of the United States; and
(2)
not later than 30 days after making such certification, submits to the appropriate congressional committees a report, in classified form if necessary, describing in detail—
(A)
the steps that will be taken to protect civilians; and
(B)
the failure rate of the cluster munitions that will be used and whether such munitions are fitted with self-destruct or self-deactivation devices.