[Page S9939]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.
                                 ______