The Biden administration’s recent decision to send cluster munitions to Ukraine is dividing Democrats on Capitol Hill, splitting even some of the president’s closest allies over the strategic wisdom — and potential repercussions — of arming Kyiv with weapons banned by most of the world.
In the eyes of those supporting the policy, cluster munitions are a necessary, if imperfect, tool to help Kyiv’s military repel Russia’s invading forces amid the long-drawn conflict over Ukraine’s autonomy.
“Let me just say, I’m not a big fan of cluster bombs. However, I have been a relentless advocate for more firepower for Ukraine. And if that’s what it takes to win, then we have to do it,” former Speaker Nancy Pelosi (D-Calif.) said. “I support the president’s judgment.”
Opposing the weapons transfer is another group of Democrats, featuring other liberal allies of President Biden who fear that the imprecise nature of cluster bomb strikes will heighten the threat to civilian populations, including children.
“I’m very vocal on this: I don’t support the cluster munitions,” said Rep. Adam Schiff (D-Calif.), who is vying for a Senate seat in next year’s elections. “The opportunity for civilian harm is just too great.”
The issue could reach the floor in the coming days.
An amendment offered to this year’s defense authorization bill would prevent the administration from sending cluster munitions, or the technology to build them, to Kyiv, where leaders have long requested the weapons from Washington.
Rep. Sara Jacobs (D-Calif.), the lead sponsor of the amendment, cited several reasons for pushing the ban. Not only do cluster bombs raise the physical risks for civilians, she said, but delivering them to Ukraine would erode America’s moral authority to criticize Russia’s frequently brutal battlefield tactics.
“Obviously, no one wants to buck our president. And I know, for the administration, it was a very difficult decision,” Jacobs said. “But these are also very horrible weapons that leave civilians — and especially children — very vulnerable to killing and maiming for decades after a conflict ends. And I think it’s important that we in Congress have a long-overdue discussion about whether or not they should be a part of the United States’ arsenal.”
Joining Jacobs on the proposal are other liberals, including Reps. Jim McGovern (D-Mass.), Pramila Jayapal (D-Wash.) and Alexandria Ocasio-Cortez (D-N.Y.). A pair of conservative Republicans — Reps. Matt Gaetz (Fla.) and Anna Paulina Luna (Fla.), who are wary of any U.S. involvement in Ukraine — have also signed on. And other conservatives say they would support the amendment if it comes to the floor.
“I would vote to block that,” Rep. Dan Bishop (R-N.C.), a member of the hard-right Freedom Caucus, said of the weapons transfer. “It is another indication of a policy or action in search of a policy. And I think it’s reprehensible.”
The debate over cluster munitions is hardly new. The weapons can take any number of forms — a bomb, a rocket, an artillery shell — but their primary feature is to spill open before hitting the ground, spraying dozens of smaller munitions over a much broader area. The “bomblets” are an effective way to confront an enemy on the battlefield, and supporters say they would be particularly suited to root-out the entrenched Russian soldiers in Ukraine.
But cluster munitions also have relatively high rates of failure. And like land mines, unexploded bomblets can rest undetected long after the conflict ends, creating a lethal threat to anything — or anyone — that disturbs them. In response to that threat, more than 100 nations have ratified a 2008 treaty to ban their use altogether.
“They’re kind of indiscriminate, and some of the shells have a lot of duds in them,” said Rep. Jimmy Gomez (D-Calif.), who has signed a letter urging the administration not to transfer the weapons.
Yet other Democrats supporting Biden’s policy noted that the weapons would be used by Ukrainian forces, who would have every incentive to minimize the threat to their own civilians and sweep up any duds later.
“Weapons are terrible — all of them. But in this case, the cluster weapons will be used on Ukrainian soil, by Ukrainians. And the clean up would be done by Ukrainians,” said Rep. Brad Sherman (D-Calif.), a senior member of the Foreign Affairs Committee. “So I’m with the president.”
It remains to be seen if lawmakers will be asked to vote on Jacobs’s proposal.
Lawmakers from both parties have offered more than 1,500 amendments to the defense authorization bill, and GOP leaders are racing this week to winnow the list down to a manageable size, with hopes to pass the final package by the end of this week or early in the next. Amid the scramble, it’s unclear which proposals will reach the floor, which will be scrapped and which will be cobbled together with other amendments as a package.
As lawmakers await the answers, Rep. Jason Crow (D-Colo.), another member of Foreign Affairs who has long urged the administration to send more powerful weapons to Ukraine, is approaching the question of cluster munitions with caution.
A former Army Ranger, Crow is concerned that the administration’s dud-rate figures are rosier than those reported by other outside researchers. Last month, he sent a letter to Defense Secretary Lloyd Austin asking the Pentagon to release those figures publicly in order to allow members of Congress and Ukrainian officials to get a better idea of the risks before launching U.S. cluster munitions into battle.
“It is a very challenging issue that pits both our humanitarian concerns and international norms, which we’ve worked very hard to set, against existential need by Ukrainians,” he said.
Crow is also requesting the details of any Ukrainian agreements to limit the use of the cluster munitions, as well as some assurance that the United States will help fund the process of cleaning up unexploded ordinance when the conflict ends. Until then, his support for the weapons transfer remains in limbo.
“The administration should give all of Congress the information that we need to assess our vote,” Crow said.
Mychael Schnell contributed.