Sec. 142. Limitation on demilitarization of certain cluster munitions
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/bill/115/hr/2810/eh/section-142·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in subsection (c), the Secretary of Defense may not demilitarize any cluster munitions until the date on which the Secretary of Defense submits to the congressional defense committees the certification described in subsection (b). The certification described in this subsection is a written certification that the Department of Defense has an inventory of covered munitions that meets not less than 75 percent of the operational requirements of the Department with respect to cluster munitions across the full range of military operational environments. The limitation under subsection
(a)shall not apply to the demilitarization of cluster munitions that the Secretary determines— are unserviceable as a result of an inspection, test, field incident, or other significant failure to meet performance or logistics requirements; or are unsafe or could pose a safety risk if not demilitarized or destroyed. In this section: The term cluster munition means a munition that is composed of a nonreusable canister or delivery body that contains multiple, conventional submunitions, without regard to the mode by which the munition is delivered. The term does not include— nuclear, chemical, or biological weapons; obscurants; pyrotechnics; non-lethal systems; non-explosive kinetic effect submunitions; electronic effects; or landmines. The term covered munitions means cluster munitions containing submunitions that, after arming, do not result in more than 1 percent unexploded ordnance (as that term is defined in section 101(e)(5) of title 10, United States Code) across the range of intended operational environments. The term demilitarize , when used with respect to a cluster munition or components of a cluster munition— means to destroy the military offensive or defensive advantages inherent in the munition or its components; and includes any mutilation, scrapping, melting, burning, or alteration that prevents the use of the munition or its components for the military purposes for which the munition or its components was designed or for a lethal purpose.