Senate Panel Passes Far-Reaching Export Restrictions on Cluster Munitions

The Senate Appropriations Committee has approved legislation that would effectively ban the U.S. from exporting cluster bombs, a weapon with a particularly deadly record of killing and maiming civilians both during and after an attack.  Recognizing that U.S.-made cluster bombs have been deployed in civilian areas of more than three countries in the last 15 years, Senators Diane Feinstein (CA) and Patrick Leahy (VT) worked to attach a provision limiting the export of cluster bombs to the fiscal year 2008 (FY08) State Department and Foreign Operations appropriations bill approved by the Senate Appropriations Committee on June 28. 

The legislation bars the U.S. from agreeing to the sale or transfer or cluster bombs, unless:

• The cluster bombs have a failure rate of 1 percent or less.
• The sale or transfer agreement specifies that the cluster bombs will be used only against clearly defined military targets and not where civilians are known to be present.

In effect, given the type of cluster munitions in the U.S. stockpile, this amendment would bar the export of essentially all U.S. cluster bombs.

To learn more about U.S. cluster munitions policy, click here: http://www.banminesusa.org/cluster/policy.html

Next Steps

The Senate panel’s support is a clear victory for those urging the U.S. to ban these hideous weapons.  However, much work remains to ensure that the provision survives the legislative process.  Numerous hurdles stand between the provision on cluster munitions and final passage by Congress and the bill’s signing by the president. The State Department and Foreign Operations appropriations bill will now go to the Senate floor for consideration in late July or September.  This provision could be removed from the bill while it is on the floor.  Advocates should encourage their senators to block any such efforts. 

Even if the bill is eventually signed by the president, the provisions are only in effect for  FY08 and should be considered an incremental step toward further controls.  Further work needs to be done to encourage the United States to ban these weapons.  The passage of export restrictions is the first step.  Next, restricts need to be put on the use of cluster bombs by the U.S. Armed Forces.  The Cluster Munitions Civilian Protection Act of 2007 (S. 549) will do just that.  Please encourage your senator to cosponsor this life- saving legislation by clicking here: http://capwiz.com/fconl/issues/alert/?alertid=9396921&type=CO