[Congressional Record Volume 143, Number 143 (Wednesday, October 22, 1997)]
[Senate]
[Pages S10949-S10950]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    EXECUTIVE REPORTS OF COMMITTEES

  The following executive reports of committees were submitted:

       By Mr. MURKOWSKI, from the Committee on Energy and Natural 
     Resources:
       M. John Berry, of Maryland, to be an Assistant Secretary of 
     the Interior.

  (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.)

       By Mr. JEFFORDS, from the Committee on Labor and Human 
     Resources:
       Ela Yazzie-King, of Arizona, to be a Member of the National 
     Council on Disability for a term expiring September 17, 1999. 
     (Reappointment)
       Espiridion A. Borrego, of Texas, to be Assistant Secretary 
     of Labor for Veterans' Employment and Training.
       Patricia Watkins Lattimore, of the District of Columbia, to 
     be an Assistant Secretary of Labor.
       Charles N. Jeffress, of North Carolina, to be an Assistant 
     Secretary of Labor.
       Jeanette C. Takamura, of Hawaii, to be Assistant Secretary 
     for Aging, Department of Health and Human Services.
       Robert H. Beatty, Jr., of West Virginia, to be a Member of 
     the Federal Mine Safety and Health Review Commission for the 
     remainder of the term expiring August 30, 1998.
       David Satcher, of Tennessee, to be an Assistant Secretary 
     of Health and Human Services.
       David Satcher, of Tennessee, to be Medical Director in the 
     Regular Corps of the Public Health Service, subject to 
     qualifications therefor as provided by law and regulations, 
     and to be Surgeon General of the Public Health Service for a 
     term of four years.
       Susan Robinson King, of the District of Columbia, to be an 
     Assistant Secretary of Labor.

  (The above nomination was reported with the recommendation that they 
be confirmed, subject to the nominees' commitment to respond to 
requests to appear and testify before any duly constituted committee of 
the Senate.)

       By Mr. HELMS, from the Committee on Foreign Relations:
       Treaty Docs. 104-28 and 105-26 Migratory Bird Protocol With 
     Canada and Migratory Bird Protocol With Mexico (Exec. Rept. 
     105-5).

   Text of the Committee Recommended Resolution of Advice and Consent

       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Protocol between the Government of the 
     United States of America and the Government of the United 
     Mexican States Amending the Convention for the Protection of 
     Migratory Birds and Game Mammals, signed at Mexico City on 
     May 5, 1997 (Treaty Doc. 105-26), subject to the 
     understanding of subsection (a), the declaration of 
     subsection (b), and the proviso of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the

[[Page S10950]]

     instrument of ratification, and shall be binding on the 
     President:
       (1) Indigenous inhabitants.--The United States understands 
     that the term ``indigenous inhabitants'' as used in Article I 
     means a permanent resident of a village within a subsistence 
     harvest area, regardless of race. In its implementation of 
     Article I, the United States also understands that where it 
     is appropriate to recognize a need to assist indigenous 
     inhabitants in meeting nutritional and other essential needs, 
     or for the teaching of cultural knowledge to or by their 
     family members, there may be cases where, with the permission 
     of the village council and the appropriate permits, immediate 
     family members of indigenous inhabitants may be invited to 
     participate in the customary spring and summer subsistence 
     harvest.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       (1) Treaty interpretation.--The Senate affirms the 
     applicability to all treaties of the constitutionally based 
     principles of treaty interpretation set forth in Condition 
     (1) of the resolution of ratification of the INF Treaty, 
     approved by the Senate on May 27, 1988, and Condition (8) of 
     the resolution of ratification of the Document Agreed Among 
     the States Parties to the Treaty on Conventional Armed Forces 
     in Europe, approved by the Senate on May 14, 1997.
       (c) Proviso.--The resolution of ratification is subject to 
     the following proviso, which shall be binding on the 
     President:
       (1) Supremacy of the constitution.--Nothing in the Treaty 
     requires or authorizes legislation or other action by the 
     United States of America that is prohibited by the 
     Constitution of the United States as interpreted by the 
     United States.
                                  ____


   Text of the Committee Recommended Resolution of Advice and Consent

       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Protocol Between the United States and 
     Canada Amending the 1916 Convention for the Protection of 
     Migratory Birds in Canada and the United States, with Related 
     Exchange of Notes, signed at Washington on December 14, 1995 
     (Treaty Doc. 104-28), subject to the understanding of 
     subsection (a), the declaration of subsection (b), and the 
     proviso of subsection (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification, and shall be 
     binding on the President:
       (1) Indigenous inhabitants.--The United States understands 
     that the term ``indigenous inhabitants'' as used in Article 
     II(4)(b) means a permanent resident of a village within a 
     subsistence harvest area, regardless of race. In its 
     implementation of Article II(4)(b), the United States also 
     understands that where it is appropriate to recognize a need 
     to assist indigenous inhabitants in meeting nutritional and 
     other essential needs, or for the teaching of cultural 
     knowledge to or by their family members, there may be cases 
     where, with the permission of the village council and the 
     appropriate permits, immediate family members of indigenous 
     inhabitants may be invited to participate in the customary 
     spring and summer subsistence harvest.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       (1) Treaty interpretation.--The Senate affirms the 
     applicability to all treaties of the constitutionally based 
     principles of treaty interpretation set forth in Condition 
     (1) of the resolution of ratification of the INF Treaty, 
     approved by the Senate on May 27, 1988, and Condition (8) of 
     the resolution of ratification of the Document Agreed Among 
     the States Parties to the Treaty on Conventional Armed Forces 
     in Europe, approved by the Senate on May 14, 1997.
       (c) Proviso.--The resolution of ratification is subject to 
     the following proviso, which shall be binding on the 
     President.
       (1) Supremacy of the constitution.--Nothing in the Treaty 
     requires or authorizes legislation or other action by the 
     United States of America that is prohibited by the 
     Constitution of the United States as interpreted by the 
     United States.
                                  ____

       Ex. F, 96-1 U.S.-Mexico Treaty On Maritime Boundaries 
     (Exec. Rept. 105-4).

   Text of the Committee-Recommended Resolution of Advice and Consent

       Resolved, (two-thirds of the Senators present concurring 
     therein), Tha the Senate advise and consent to the 
     ratification of the Treaty on Maritime boundaries between the 
     United States of America and the United Mexican States, 
     signed at Mexico City on May 4, 1978 (Ex. F, 96-1), subject 
     to the declaration of subsection (a), and the proviso of 
     subsection (b).
       (a) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       91) Treaty interpretation.--The Senate affirms the 
     applicability to all treaties of the constitutionally based 
     principles of treaty interpretation set forth in Condition 
     (1) of the resolution of ratification of the INF Treaty, 
     approved by the Senate on May 27, 1988, and Condition (8) of 
     the resolution of ratification of the Document Agreed Among 
     the States Parties to the Treaty on Conventional Armed Forces 
     in Europe, approved by the Senate on May 14, 1997.
       (b) Proviso.--The resolution of ratification is subject to 
     the following proviso, which shall be binding on the 
     President:
       (1) Supremacy of the constitution.--Nothing in the Treaty 
     requires or authorizes legislation or other action by the 
     United States of America that is prohibited by the 
     Constitution of the United States as interpreted by the 
     United States.

                          ____________________