S.Amdt. 1252
What it does: Adds SEC. 1088. LIMITATION ON THE USE OF CLUSTER MUNITIONS at the end of subtitle H of title X
Sen. Dianne Feinstein (D-CA)What it changes
1 change to S. 1867 · shown in the bill's text
Adds SEC. 1088. LIMITATION ON THE USE OF CLUSTER MUNITIONS at the end of subtitle H of title X
Adds a sectionIn S. 1867 · Placed on Calendar Senate
Section 382 of title 10, United States Code, is amended by striking "biological or chemical" each place it appears in subsections (a) and (b).
Inserted: SEC. 1088. LIMITATION ON THE USE OF CLUSTER MUNITIONS.
Inserted: (a) Limitation.--No funds appropriated or otherwise available to any Federal department or agency 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) Presidential Waiver.--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) Cleanup Plan.--Not later than 90 days after any cluster munitions are used by a Federal department or agency, the President shall submit to the appropriate congressional committees a plan, prepared by such Federal department or agency, for cleaning up any such cluster munitions and submunitions which fail to explode and continue to pose a hazard to civilians.
Inserted: (e) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Original wording
At the end of subtitle H of title X, add the following:
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As printed
SA 1252. Mrs. FEINSTEIN (for herself and Mr. Leahy) submitted an amendment intended to be proposed by her to the bill S. 1867, to authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1088. LIMITATION ON THE USE OF CLUSTER MUNITIONS.
(a) Limitation.--No funds appropriated or otherwise available to any Federal department or agency 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) Presidential Waiver.--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) Cleanup Plan.--Not later than 90 days after any cluster munitions are used by a Federal department or agency, the President shall submit to the appropriate congressional committees a plan, prepared by such Federal department or agency, for cleaning up any such cluster munitions and submunitions which fail to explode and continue to pose a hazard to civilians.
(e) Appropriate Congressional Committees Defined.--In this section, the term “appropriate congressional committees” means the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
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Senate amendment submitted
November 18, 2011