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S.Amdt. 2570Senate111th Congress (2009-2011)

S.Amdt. 2570

What it does: Adds Sec. 8104. (a) No funds appropriated or otherwise available by this Act may be obligated or expended to use any cluster munitions unless-- on page 245, between lines 8 and 9
Sponsored by Dianne FeinsteinSen. Dianne Feinstein (D-CA)
Submitted September 29, 2009

What it changes

1 change to H.R. 3326

Adds a section

  1. Adds Sec. 8104. (a) No funds appropriated or otherwise available by this Act may be obligated or expended to use any cluster munitions unless-- on page 245, between lines 8 and 9

    Adds a sectionPrinted page

    Inserted: Sec. 8104. (a) No funds appropriated or otherwise available by this Act may be obligated or expended to use any cluster munitions unless--

    Inserted: (1) the submunitions of the cluster munitions, after arming, do not result in more than 1 percent unexploded ordnance across the range of intended operational environments; and

    Inserted: (2) the policy applicable to the use of such cluster munitions specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians.

    Inserted: (b) The President may waive the requirement under subsection (a)(1) if, prior to the use of cluster munitions, the President--

    Inserted: (1) certifies that it is vital to protect the security of the United States; and

    Inserted: (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--

    Inserted: (A) the steps that will be taken to protect civilians; and

    Inserted: (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.

    Inserted: (c) In this section, the term "appropriate congressional committees" means--

    Inserted: (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and

    Inserted: (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.

    Original wording

    On page 245, between lines 8 and 9, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2570. Mrs. FEINSTEIN (for herself and Mr. Leahy) submitted an amendment intended to be proposed by her to the bill H.R. 3326, making appropriations for the Department of Defense for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:

On page 245, between lines 8 and 9, insert the following:

Sec. 8104. (a) No funds appropriated or otherwise available by this Act may be obligated or expended to use any cluster munitions unless--

(1) the submunitions of the cluster munitions, after arming, do 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 such cluster munitions specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians.

(b) The President may waive the requirement under subsection (a)(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.

(c) In this section, the term “appropriate congressional committees” means--

(1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and

(2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.

Congressional RecordPDF

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Senate amendment submitted

September 29, 2009