[Congressional Record Volume 141, Number 54 (Thursday, March 23, 1995)]
[Senate]
[Pages S4490-S4491]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                    EXECUTIVE REPORTS OF COMMITTEES

  The following executive report of a committee was reported on March 
22, 1995:

       By Mr. HELMS, from the Committee on Foreign Relations:
       Treaty Doc. 103-25 Treaty Convention on Conventional 
     Weapons (Exec. Rept. 104-1).

   Text of the Committee-Recommended Resolution of Advice and Consent

       Resolved (two-thirds of the Senators present concurring 
     therein), That (a) the Senate advise and consent to the 
     ratification of the following Convention and two accompanying 
     Protocols, concluded at Geneva on October 10, 1980 (contained 
     in Treaty Document 103-25), subject to the conditions of 
     subsections (b) and (c):
       (1) The Convention on Prohibitions or Restrictions on the 
     Use of Certain Conventional Weapons Which May Be Deemed To Be 
     Excessively Injurious or To Have Indiscriminate Effects (in 
     this resolution referred to as the ``Convention'').
       (2) The Protocol on Non-Detectable Fragments (in this 
     resolution referred to as ``Protocol I'').
       (3) The Protocol on Prohibitions or Restrictions on the Use 
     of Mines, Booby-Traps and Other Devices, together with its 
     technical annex (in this resolution referred to as ``Protocol 
     II'').
       (b) The advice and consent of the Senate under subsection 
     (a) is given subject to the following conditions, which shall 
     be included 
     [[Page S4491]] in the instrument of ratification of the 
     Convention:
       (1) Reservation.--Article 7(4)(b) of the Convention shall 
     not apply with respect to the United States.
       (2) Declaration.--The United States declares, with 
     reference to the scope of application defined in Article 1 of 
     the Convention, that the United States will apply the 
     provisions of the Convention, Protocol I, and Protocol II to 
     all armed conflicts referred to in Articles 2 and 3 common to 
     the Geneva Conventions for the Protection of War Victims of 
     August 12, 1949.
       (3) Understanding.--The United States understands that 
     Article 6(1) of Protocol II does not prohibit the adaptation 
     for use as booby-traps of portable objects created for a 
     purpose other than as a booby-trap if the adaptation does not 
     violate paragraph (1)(b) of the Article.
       (4) Understanding.--The United States considers that the 
     fourth paragraph of the preamble to the Convention, which 
     refers to the substance of provisions of Article 35(3) and 
     Article 55(1) of Additional Protocol I to the Geneva 
     Conventions for the Protection of War Victims of August 12, 
     1949, applies only to States which have accepted those 
     provisions.
       (c) The advice and consent of the Senate under subsection 
     (a) is given subject to the following conditions, which are 
     not required to be included in the instrument of ratification 
     of the Convention:
       (1) Declaration.--Any amendment to the Convention, Protocol 
     I, or Protocol II (including any amendment establishing a 
     commission to implement or verify compliance with the 
     Convention, Protocol I, or Protocol II), any adherence by the 
     United States to Protocol III to the Convention, or the 
     adoption of any additional protocol to the Convention, will 
     enter into force with respect to the United States only 
     pursuant to the treaty-making power of the President, by and 
     with the advice and consent of the Senate, as set forth in 
     Article II, Section 2, Clause 2 of the Constitution of the 
     United States.
       (2) Declaration.--The Senate notes the statements by the 
     President and the Secretary of State in the letters 
     accompanying transmittal of the Convention to the Senate that 
     there are concerns about the acceptability of Protocol III to 
     the Convention from a military point of view that require 
     further examination and that Protocol III should be given 
     further study by the United States Government on an 
     interagency basis. Accordingly, the Senate urges the 
     President to complete the process of review with respect to 
     Protocol III and to report the results to the Senate on the 
     date of submission to the Senate of any amendments which may 
     be concluded at the 1995 international conference for review 
     of the Convention.
       (3) Statement.--The Senate recognizes the expressed 
     intention of the President to negotiate amendments or 
     protocols to the Convention to carry out the following 
     objectives:
       (A) An expansion of the scope of Protocol II to include 
     internal armed conflicts.
       (B) A requirement that all remotely delivered mines shall 
     be equipped with self-destruct devices.
       (C) A requirement that manually emplaced antipersonnel 
     mines without self-destruct devices or backup self-
     deactivation features shall be used only within controlled, 
     marked, and monitored minefields.
       (D) A requirement that all mines shall be detectable using 
     commonly available technology.
       (E) A requirement that the party laying mines assumes 
     responsibility for them.
       (F) The establishment of an effective mechanism to verify 
     compliance with Protocol II.

  The following executive reports of committees were submitted on March 
23, 1995:

       By Mr. PRESSLER, from the Committee on Commerce, Science, 
     and Transportation:
       Robert Pitofsky, of Maryland, to be a Federal Trade 
     Commissioner for the term of seven years from September 26, 
     1994.

  (The above nomination was reported with the recommendation that he be 
confirmed, subject to the nominee's commitment to respond to requests 
to appear and testify before any duly constituted committee of the 
Senate.)
  Mr. PRESSLER. Mr. President, for the Committee on Commerce, Science, 
and Transportation, I also report favorably five nomination lists in 
the Coast Guard, which were printed in full in the Congressional 
Records of January 6, February 3 and 16, 1995, and ask unanimous 
consent, to save the expense of reprinting on the Executive Calendar, 
that these nominations lie at the Secretary's desk for the information 
of Senators.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The nominations ordered to lie on the Secretary's desk were printed 
in the Records of January 6, February 3 and 16, 1995, at the end of the 
Senate proceedings.)

       By Mr. LUGAR, from the Committee on Agriculture, Nutrition, 
     and Forestry:
       Daniel Robert Glickman, of Kansas, to be Secretary of 
     Agriculture.

  (The above nomination was reported with the recommendation that he be 
confirmed, subject to the nominee's commitment to respond to requests 
to appear and testify before any duly constituted committee of the 
Senate.)
              INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

  The following bills and joint resolutions were introduced, read the 
first and second time by unanimous consent, and referred as indicated:

           By Mrs. BOXER:
       S. 600. A bill to require the Secretary of Agriculture to 
     issue regulations concerning use of the term ``fresh'' in the 
     labeling of poultry, and for other purposes; to the Committee 
     on Agriculture, Nutrition, and Forestry.
           By Mr. CHAFEE (for himself, Mr. Kennedy, Mr. Pell, and 
             Mr. Kerry):
       S. 601. A bill to revise the boundaries of the Blackstone 
     River Valley National Heritage Corridor in Massachusetts and 
     Rhode Island, and for other purposes; to the Committee on 
     Energy and Natural Resources.
           By Mr. BROWN (for himself, Mr. Simon, Mr. Dole, Ms. 
             Mikulski, Mr. Roth, Mr. McConnell, and Mr. McCain):
       S. 602. A bill to amend the NATO Participation Act of 1994 
     to expedite the transition to full membership in the North 
     Atlantic Treaty Organization of European countries emerging 
     from communist domination; to the Committee on Foreign 
     Relations.
           By Mr. FAIRCLOTH:
       S. 603. A bill to nullify an executive order that prohibits 
     Federal contracts with companies that hire permanent 
     replacements for striking employees, and for other purposes; 
     to the Committee on Labor and Human Resources.
           By Mr. PRESSLER:
       S. 604. A bill to amend title 49, United States Code, to 
     relieve farmers and retail farm suppliers from limitations on 
     maximum driving and on-duty time in the transportation of 
     agricultural commodities or farm supplies if such 
     transportation occurs within 100-air mile radius of the 
     source of the commodities or the distribution point for the 
     farm supplies; to the Committee on Commerce, Science, and 
     Transportation.
           By Mr. DOLE (for himself, Mr. Hatch, Mr. Heflin, Mr. 
             Lott, Mr. Gramm, Mr. Brown, Mr. Craig, Mr. Shelby, 
             Mr. Nickles, Mr. Kyl, Mr. Abraham, Mr. Thurmond, Mr. 
             Inhofe, Mr. Packwood, Mr. Warner, Mr. Coats, Mr. 
             Burns, Mr. Thomas, Mr. Pressler, Mrs. Hutchison, Mr. 
             Hatfield, Mr. Grams, Mr. Frist, Mr. McConnell, Mr. 
             Ashcroft, Mr. Mack, Mr. Murkowski, Mr. Bennett, Mr. 
             Kempthorne, Mr. Grassley, Mr. Bond, and Mr. Stevens):
       S. 605. A bill to establish a uniform and more efficient 
     Federal process for protecting property owners' rights 
     guaranteed by the fifth amendment; to the Committee on the 
     Judiciary.
           By Mr. BRADLEY (for himself and Mr. Lautenberg):
       S. 606. A bill to make improvements in pipeline safety, and 
     for other purposes; to the Committee on Commerce, Science, 
     and Transportation.
           By Mr. WARNER (for himself and Mr. Reid):
       S. 607. A bill to amend the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 to clarify 
     the liability of certain recycling transactions, and for 
     other purposes; to the Committee on Environment and Public 
     Works.
           By Mr. KENNEDY (for himself and Mr. Kerry):
       S. 608. A bill to establish the New Bedford Whaling 
     National Historical Park in New Bedford, Massachusetts, and 
     for other purposes; to the Committee on Energy and Natural 
     Resources.
           By Mr. WELLSTONE:
       S. 609. A bill to assure fairness and choice to patients 
     and health care providers, and for other purposes; to the 
     Committee on Labor and Human Resources.
           By Mr. LOTT:
       S. 610. A bill to provide for an interpretive center at the 
     Civil War Battlefield of Corinth, Mississippi, and for other 
     purposes; to the Committee on Energy and Natural Resources.
     

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