Reply #54: Congress did pass a bill with a section on cluster munitions, H.R.2764 see below. [View All]

[jody]

H.R.2764 Consolidated Appropriations Act, 2008 passed and became Public Law No: 110-161

LANDMINES AND CLUSTER MUNITIONS
SEC. 646. (a) LANDMINES- Notwithstanding any other provision of law, demining equipment available to the United States Agency for International Development and the Department of State and used in support of the clearance of landmines and unexploded ordnance for humanitarian purposes may be disposed of on a grant basis in foreign countries, subject to such terms and conditions as the President may prescribe.
(b) CLUSTER MUNITIONS- During the current fiscal year, no military assistance shall be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless--
(1) the submunitions of the cluster munitions have a 99 percent or higher tested rate; and
(2) the agreement applicable to the assistance, transfer, or sale of the cluster munitions or cluster munitions technology 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.

The bill passed is different than the Feinstein/Leahy amendment.

Sec. 8109. No funds appropriated or otherwise made available by this Act my be obligated or expended to acquire, utilize, sell, or transfer any cluster munition unless the rules of engagement applicable to the cluster munition ensure that the cluster munition will not be used in or near any concentrated population of civilians, whether permanent or temporary, including inhabited parts of cities or villages, camps or columns of refugees or evacuees, or camps or groups of nomads.

ON EDIT ADD:
HR 2764 does not limit U.S. commanders when using cluster munitions as the Feinstein/Leahy amendment could have done.