S.Amdt. 4267

1. Adds SEC. 1223. REPORT ON THE STATUS OF UNITED STATES OBLIGATIONS UNDER THE COMPREHENSIVE NUCLEAR TEST-BAN TREATY at the end of subtitle B of title XII

   Adds a section

   In S. 2766 · Placed on Calendar Senate

   (8) Guidance for the implementation of the plan.

   Inserted: SEC. 1223. REPORT ON THE STATUS OF UNITED STATES OBLIGATIONS UNDER THE COMPREHENSIVE NUCLEAR TEST-BAN TREATY.

   Inserted: (a) Findings.--Congress makes the following findings:

   Inserted: (1) On October 13, 1999, the Senate voted not to give its advice and consent to the ratification of the Comprehensive Nuclear Test-Ban Treaty.

   Inserted: (2) Immediately following such vote, then-Secretary of State Madeleine K. Albright sent a letter to, among others, the governments of the countries in the North Atlantic Treaty Organization and of Russia, China, India, Japan, and Australia assuring them that "the United States will continue to act in accordance with its obligations as a signatory under international law, and will seek reconsideration of the Treaty at a later date when conditions are better suited for ratification" (in this section referred to as the "assurances letter").

   Inserted: (b) Report.--

   Inserted: (1) In general.--Not later than 90 days after the date of the enactment of this Act, the President shall, in consultation with the Secretary of Defense, the Secretary of State, and the Attorney General, submit to Congress a report on the status of United States obligations under the Comprehensive Nuclear Test-Ban Treaty.

   Inserted: (2) Content.--The report required under paragraph (1) shall specifically address each of the following issues:

   Inserted: (A) Whether the assurances regarding United States obligations under the Comprehensive Nuclear Test-Ban Treaty that were provided in the assurances letter are consistent with the current policy of the United States.

   Inserted: (B) If the assurances are not consistent with United States policy, a description of the steps taken by the President to communicate to the foreign governments that received the assurances letter that such assurances are no longer operative.

   Inserted: (C) If the assurances are not consistent with United States policy, whether the President has provided to the foreign governments that received the assurances letter written notice that the letter is no longer operative.

   Inserted: (D) Whether the President agrees with the statement by then-Secretary of State Albright in the assurances letter that the Comprehensive Nuclear Test-Ban Treaty imposes on the United States continuing "obligations as a signatory under international law," irrespective of the October 13, 1999, vote by the Senate not to give its advice and consent to the ratification of the Treaty.

   Inserted: (E) If the President believes that the Comprehensive Nuclear Test-Ban Treaty does not impose on the United States continuing obligations as a signatory under international law--

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   Inserted: (i) whether the President believes that the assertion in the assurances letter that such obligations existed was erroneous; and

   Inserted: (ii) if not, a description of the steps taken by the President to terminate the obligations that existed at the time of the assurances letter.

   Inserted: (F) If the President believes that the Comprehensive Nuclear Test-Ban Treaty does impose on the United States continuing obligations as a signatory under international law, a description of the nature and extent of such obligations.

   Inserted: (G) Whether, as a matter of international law, the United States is, as of the time of the report, a signatory to the Comprehensive Nuclear Test-Ban Treaty.

   Inserted: (H) Whether the official list of signatories to the Comprehensive Nuclear Test-Ban Treaty maintained by the depositary of the Treaty accurately reflects whether the United States is still a signatory to the Treaty.

   Inserted: (I) Whether the President has a constitutional duty to ensure that United States international legal obligations conform with domestic legislation subsequently enacted that is inconsistent with such obligations, and whether any such duty extends to reconciling or changing internationally-maintained records that purport to reflect the official status of the United States as a signatory to a treaty the ratification of which has been rejected by the Senate and is no longer supported by the President.

   Original wording

   At the end of subtitle B of title XII, add the following:

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As printed