H.R. 1975 – Cluster Munitions Civilian Protection Act of 2017

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Updated April 15, 2026 at 2:35 PM UTC

The Cluster Munitions Civilian Protection Act of 2017 would restrict U.S. government funding for the purchase, transfer, licensing, export, or use of cluster munitions unless they meet strict safety and targeting standards. It ties funding to a limit of no more than 1% unexploded submunitions and requires that such weapons be used only against clearly defined military targets, not where civilians are present. The bill also urges the Department of Defense to fully implement the 2008 Gates policy, phase out all cluster munitions, develop compliant alternatives, and move toward joining the international Convention on Cluster Munitions.

Key Provisions

Federal funds may not be used for cluster munitions unless the weapons leave less than 1% unexploded submunitions in the intended operational environment.
Any funded cluster munitions must be limited to clearly defined military targets and cannot be used where civilians are known to be present or in civilian‑populated areas.
Congress expresses that the Department of Defense should ensure the 2008 Gates policy is fully implemented and that the 2018 deadline for ending U.S. use of cluster munitions is met.
The United States should develop a strategy to phase out the transfer, export, and use of all cluster munitions and ensure any replacements comply with the Convention on Cluster Munitions.
The United States should take steps to accede to the Convention on Cluster Munitions as soon as possible.

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the Committee on Armed Services, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Armed Services Committee

April 6, 2017

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HouseIntro Referral

Introduced in House

April 6, 2017

HouseIntro Referral

Referred to the Committee on Armed Services, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Armed Services Committee

April 6, 2017

Bill Text

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Introduced in HouseIssued April 6, 2017

I

115th CONGRESS

1st Session

H. R. 1975

IN THE HOUSE OF REPRESENTATIVES

April 6, 2017

Mr. McGovern (for himself and Mr. Issa) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To protect civilians from cluster munitions, and for other purposes.

1.

Short title

This Act may be cited as the Cluster Munitions Civilian Protection Act of 2017.

2.

Findings

Congress makes the following findings:

(1)

The Convention on Cluster Munitions, done at Dublin May 30, 2008, and entered into force August 1, 2010, now has 100 States Parties, including Canada, France, Germany, and the United Kingdom, and an additional 19 signatories.

(2)

The Convention on Cluster Munitions, which comprehensively bans the use, production, acquisition, export, or transfer of cluster munitions and requires the destruction of existing stockpiles, clearance of contaminated land, and assistance to cluster munition victims, has led to the destruction of nearly 1,400,000 cluster munitions containing more than 170,000,000 submunitions.

(3)

Under a policy issued in 2008 by Secretary of Defense Robert Gates, by the end of 2018, the United States will no longer use cluster munitions anywhere in the world, unless, after arming, the cluster munitions do not result in more than 1 percent unexploded ordnance across the range of intended operational environments.

(4)

The CBU–105 Sensor Fuzed Weapon meets the standard established by Secretary Gates in 2008.

3.

Limitation on the use of cluster munitions

No funds appropriated or otherwise available to any Federal department or agency may be obligated or expended to purchase, transfer, issue a license for the export of, or 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 export or transfer 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.

4.

Sense of Congress

It is the sense of Congress that—

(1)

the Secretary of Defense should ensure that the July 2008 Gates policy on cluster munitions is being fully implemented and that the 2018 deadline referred to in section 2(3) will be met;

(2)

the United States Government should adopt a policy and develop a strategy to phase out, as soon as possible, the transfer, export, and use of all cluster munitions;

(3)

any alternatives that the United States Government develops to replace cluster munitions should be compliant with the Convention on Cluster Munitions; and

(4)

the United States should take all steps necessary to enable it to accede to the Convention on Cluster Munitions as soon as possible.