Cluster Munitions Civilian Protection Act of 2017

Mr. President, I rise today with my colleagues Senators Leahy, Brown, Cardin, Durbin, Franken, Klobuchar, Murphy, Murray, Markey, Merkley, Sanders, Udall, and Whitehouse to introduce the Cluster Munitions Civilian Protection Act of 2017.

First and foremost, the legislation would limit the use of cluster munitions by the U.S. Armed Forces. In June 2008, then-Secretary of Defense Robert Gates signed a memo stating that after 2018 the United States will not use cluster munitions with a greater than 1 percent unexploded ordnance rate. The Cluster Munitions Civilian Protection Act would codify the Gates policy by immediately prohibiting the use of cluster munitions with a greater than 1 percent failure rate.

Second, this bill would make it clear that the export of U.S.-made cluster munitions must be contingent upon the receiving country not using these weapons inappropriately. Since 2008, the Congress has required that U.S.-made cluster munitions can only be used by the recipient country against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians.

During the 114th Congress, the Defense Department discovered that several export agreements for U.S. cluster munitions--known as letters of offer and acceptance--failed to mirror congressional restrictions on their use. Specifically, the Pentagon found that letters of offer and acceptance with South Korea and Saudi Arabia were either incomplete or missing. While the Pentagon is attempting to amend the mistake, it is imperative that the Congress make clear that U.S.-made cluster munitions must not be used where civilians are known to be present or in areas normally inhabited by civilians. As a result, the legislation requires export policies and licenses to restrict cluster munition use against clearly defined military targets and not in civilian areas.

Today 119 countries have signed or acceded to the Convention on Cluster Munitions. In fact, four of our closest allies--Canada, Great Britain, Germany, and France--are states parties, legally bound by all of the convention's provisions.

The convention prohibits the use, production, transfer, and stockpiling of cluster munitions. The convention also requires the destruction of stockpiled cluster munitions within eight years, clearance of cluster munition remnants within 10 years, and assistance to victims, including those injured by submunitions.

I am disappointed that the United States has not signed the convention but believe we can move toward doing so. This legislation states that it is the sense of Congress that No. 1, the U.S. Government should phase out the use of all cluster munitions as soon as possible; No. 2, any alternatives that the United States develops to replace cluster munitions should be compliant with the Convention on Cluster Munitions; and No. 3, the United States should accede to the convention as soon as possible.

The United States has not widely used cluster munitions since the first weeks of the 2003 Iraq war. Unfortunately, cluster munitions have been used by others around the world with devastating effect on civilians in the past year.

According to the Cluster Munition Monitor, since 2012, Syrian government forces have used at least 13 different types of cluster munitions in 360 recorded attacks. Additionally, the United States and the United Kingdom have publicly accused Russia of using these weapons in Syria, including against the moderate opposition.

In Yemen, the Saudi-backed coalition has employed cluster munitions against the Houthis. Human Rights Watch and Amnesty International have documented at least 19 instances of cluster munitions use in Yemen, including with U.S.-made weapons. The U.S. Defense Department has acknowledged that U.S.-made weapons were employed in Yemen, though the Pentagon has said their use didn't violate export restrictions.

Finally, there is evidence that cluster munitions were also used in the Nagorno-Karabakh region and by Kenya in Somalia.

According to the Cluster Munitions Monitor, over the past 50 years, there have been 20,300 documented cluster munitions deaths in 33 nations. The estimated number of total cluster munitions casualties, however, is an astonishing 55,000 people.

While cluster munitions are intended for military targets, in actuality civilians accounted for 97 percent of cluster munition casualties in 2015.

Worldwide casualties caused by cluster munitions demonstrate that they are indiscriminate weapons. While U.S.-made cluster munitions reduce the likelihood of civilian casualties when they are used correctly, U.S. ratification of the Convention on Cluster Munitions would help move the world toward a global ban.

This legislation moves the United States toward accession by codifying the Gates policy and encouraging the Pentagon to develop alternatives to cluster munitions that are compliant with the convention.

Mr. President, the Congress cannot compel the administration to sign the Convention on Cluster Munitions. But, we can surely take steps to abide by its spirit. Passing the ``Cluster Munitions Civilian Protection Act'' would do exactly that.

I urge my colleagues to support this bill.

Mr. President, I rise today with my colleagues Senators Leahy, Brown, Cardin, Durbin, Franken, Klobuchar, Murphy, Murray, Markey, Merkley, Sanders, Udall, and Whitehouse to introduce the Cluster Munitions Civilian Protection Act of 2017.

First and foremost, the legislation would limit the use of cluster munitions by the U.S. Armed Forces. In June 2008, then-Secretary of Defense Robert Gates signed a memo stating that after 2018 the United States will not use cluster munitions with a greater than 1 percent unexploded ordnance rate. The Cluster Munitions Civilian Protection Act would codify the Gates policy by immediately prohibiting the use of cluster munitions with a greater than 1 percent failure rate.

Second, this bill would make it clear that the export of U.S.-made cluster munitions must be contingent upon the receiving country not using these weapons inappropriately. Since 2008, the Congress has required that U.S.-made cluster munitions can only be used by the recipient country against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians.

During the 114th Congress, the Defense Department discovered that several export agreements for U.S. cluster munitions--known as letters of offer and acceptance--failed to mirror congressional restrictions on their use. Specifically, the Pentagon found that letters of offer and acceptance with South Korea and Saudi Arabia were either incomplete or missing. While the Pentagon is attempting to amend the mistake, it is imperative that the Congress make clear that U.S.-made cluster munitions must not be used where civilians are known to be present or in areas normally inhabited by civilians. As a result, the legislation requires export policies and licenses to restrict cluster munition use against clearly defined military targets and not in civilian areas.

Today 119 countries have signed or acceded to the Convention on Cluster Munitions. In fact, four of our closest allies--Canada, Great Britain, Germany, and France--are states parties, legally bound by all of the convention's provisions.

The convention prohibits the use, production, transfer, and stockpiling of cluster munitions. The convention also requires the destruction of stockpiled cluster munitions within eight years, clearance of cluster munition remnants within 10 years, and assistance to victims, including those injured by submunitions.

I am disappointed that the United States has not signed the convention but believe we can move toward doing so. This legislation states that it is the sense of Congress that No. 1, the U.S. Government should phase out the use of all cluster munitions as soon as possible; No. 2, any alternatives that the United States develops to replace cluster munitions should be compliant with the Convention on Cluster Munitions; and No. 3, the United States should accede to the convention as soon as possible.

The United States has not widely used cluster munitions since the first weeks of the 2003 Iraq war. Unfortunately, cluster munitions have been used by others around the world with devastating effect on civilians in the past year.

According to the Cluster Munition Monitor, since 2012, Syrian government forces have used at least 13 different types of cluster munitions in 360 recorded attacks. Additionally, the United States and the United Kingdom have publicly accused Russia of using these weapons in Syria, including against the moderate opposition.

In Yemen, the Saudi-backed coalition has employed cluster munitions against the Houthis. Human Rights Watch and Amnesty International have documented at least 19 instances of cluster munitions use in Yemen, including with U.S.-made weapons. The U.S. Defense Department has acknowledged that U.S.-made weapons were employed in Yemen, though the Pentagon has said their use didn't violate export restrictions.

Finally, there is evidence that cluster munitions were also used in the Nagorno-Karabakh region and by Kenya in Somalia.

According to the Cluster Munitions Monitor, over the past 50 years, there have been 20,300 documented cluster munitions deaths in 33 nations. The estimated number of total cluster munitions casualties, however, is an astonishing 55,000 people.

While cluster munitions are intended for military targets, in actuality civilians accounted for 97 percent of cluster munition casualties in 2015.

Worldwide casualties caused by cluster munitions demonstrate that they are indiscriminate weapons. While U.S.-made cluster munitions reduce the likelihood of civilian casualties when they are used correctly, U.S. ratification of the Convention on Cluster Munitions would help move the world toward a global ban.

This legislation moves the United States toward accession by codifying the Gates policy and encouraging the Pentagon to develop alternatives to cluster munitions that are compliant with the convention.

Mr. President, the Congress cannot compel the administration to sign the Convention on Cluster Munitions. But, we can surely take steps to abide by its spirit. Passing the ``Cluster Munitions Civilian Protection Act'' would do exactly that.

I urge my colleagues to support this bill.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.