[Congressional Record Volume 146, Number 50 (Thursday, April 27, 2000)]
[Senate]
[Pages S3022-S3023]
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. WARNER for the Committee on Armed Services.
       The following named officer for appointment in the United 
     States Air Force to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                        To be lieutenant general

     Lt. Gen. John L. Woodward, Jr., 3961

       The following named officer for appointment in the United 
     States Air Force to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                        To be lieutenant general

     Maj. Gen. Harry D. Raduege, Jr., 9435

       The following named officer for appointment in the United 
     States Air Force to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                        To be lieutenant general

     Maj. Gen. John R. Dallager, 9670

       The following named officer for appointment in the United 
     States Army to the grade indicated under title 10, U.S.C., 
     section 624:

             To be brigadier general, medical service corps

     Col. Richard L. Ursone, 5290
     Bruce Sundlun, of Rhode Island, to be a Member of the 
         National Security Education Board for a term of four 
         years.
     Manuel Trinidad Pacheco, of Arizona, to be a Member of the 
         National Security Education Board for a term of four 
         years. (Reappointment)
       The following named officer for appointment as Deputy Judge 
     Advocate General of the United States Navy in the grade 
     indicated under title 10, U.S.C., section 5149:

                           To be rear admiral

     Capt. Michael F. Lohr, 1245

       The following named officer for appointment as Judge 
     Advocate General of the United States Navy under title 10, 
     U.S.C., section 5148:

              Judge Advocate General of the United States

     Rear Adm. Donald J. Guter, 0275

       The following named officer for appointment in the United 
     States Navy to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                           To be vice admiral

     Vice Adm. Edmund P. Giambastiani, Jr., 8318

       The following named officer for appointment in the United 
     States Marine Corps to the grade indicated while assigned to 
     a position of importance and responsibility under title 10, 
     U.S.C., section 601:

                        To be lieutenant general

     Lt. Gen. Raymond P. Ayres, Jr., 5986

       The following named officer for appointment in the United 
     States Marine Corps to the grade indicated while assigned to 
     a position of importance and responsibility under title 10, 
     U.S.C., section 601:

                        To be lieutenant general

     Maj. Gen. Emil R. Bedard, 9035

       The following named officer for appointment in the United 
     States Marine Corps to the grade indicated while assigned to 
     a position of importance and responsibility under title 10, 
     U.S.C., section 601:

                        To be lieutenant general

     Lt. Gen. Bruce B. Knutson, Jr., 7136

       The following named officer for appointment in the United 
     States Marine Corps to the grade indicated while assigned to 
     a position of importance and responsibility under title 10, 
     U.S.C., section 601:

                        To be lieutenant general

     Maj. Gen. William L. Nyland, 8595

       The following named officer for appointment in the United 
     States Marine Corps to the grade indicated while assigned to 
     a position of importance and responsibility under title 10, 
     U.S.C., section 601:

                        To be lieutenant general

     Maj. Gen. Michael W. Hagee, 5620

       (The above nominations were reported with the 
     recommendation that they be confirmed.)

  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WARNER. Mr. President, for the Committee on Armed Services, I 
report favorably nomination lists which were printed in the Records of 
the dates indicated, 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.

       Air Force nominations beginning Marlene E. Abbott and 
     ending Brian P. Zurovetz, which nominations were received by 
     the Senate and appeared in the Congressional Record on March 
     30, 2000.
       Air Force nomination of David S. Wood, which was received 
     by the Senate and appeared in the Congressional Record of 
     April 4, 2000.
       Air Force nominations beginning Robert F. Byrd and ending 
     John B. Steele, which nominations were received by the Senate 
     and appeared in the Congressional Record on April 11, 2000.
       Army nominations beginning Robert B. Abernathy, Jr. and 
     ending X4568, which nominations were received by the Senate 
     and appeared in the Congressional Record on February 2, 2000.
       Army nominations beginning Harold T. Carlson and ending 
     Jeffrey M. Young, which nominations were received by the 
     Senate and appeared in the Congressional Record on February 
     7, 2000.
       Army nominations beginning Robert V. Loring and ending 
     Jeffrey D. Watters, which nominations were received by the 
     Senate and appeared in the Congressional Record on March 30, 
     2000.
       Army nominations beginning Willie D. Davenport and ending 
     William P. Troy, which nominations were received by the 
     Senate and appeared in the Congressional Record on March 30, 
     2000.
       Army nominations beginning *Thomas N. Auble and ending 
     *Robert A. Yoh, which nominations were received by the Senate 
     and appeared in the Congressional Record on March 30, 2000.
       Army nominations beginning Richard A. Keller and ending 
     *Wendy L. Harter, which nominations were received by the 
     Senate and appeared in the Congressional Record on April 4, 
     2000.
       Army nominations beginning James M. Brown and ending Thomas 
     E. Stokes, Jr., which nominations were received by the Senate 
     and appeared in the Congressional Record on April 11, 2000.
       Navy nomination of Leanne M. York-Slagle, which was 
     received by the Senate and appeared in the Congressional 
     Record of March 30, 2000.
       Navy nominations beginning James H. Fraser and ending 
     Dwayne K. Hopkins, which nominations were received by the 
     Senate and appeared in the Congressional Record on March 30, 
     2000.
       Navy nominations beginning Gerald L. Gray and ending Linda 
     M. Gardner, which nominations were received by the Senate and 
     appeared in the Congressional Record on April 4, 2000.
       Navy nominations beginning Coy M. Adams, Jr. and ending 
     Michael A. Zurich, which nominations were received by the 
     Senate and appeared in the Congressional Record on April 4, 
     2000.
       Marine Corps nomination of J. E. Christiansen, which was 
     received by the Senate and appeared in the Congressional 
     Record of April 4, 2000.
       Marine Corps nomination of Clifton J. McCullough, which was 
     received by the Senate and appeared in the Congressional 
     Record of April 4, 2000.
       Marine Corps nomination of Landon K. Thorne III, which was 
     received by the Senate and appeared in the Congressional 
     Record of April 4, 2000.
       Marine Corps nominations beginning David R. Chevallier and 
     ending John K. Winzeler, which nominations were received by 
     the Senate and appeared in the Congressional Record on April 
     4, 2000.
       By Mr. HELMS, from the Committee on Foreign Relations
       Treaty Doc. 105-51 Convention on Protection of Children and 
     Co-operation in Respect of Intercountry Adoption (Exec. 
     Report No. 106-14).

[[Page S3023]]

  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 Convention on Protection of Children and 
     Co-operation in Respect of Intercountry Adoption, adopted and 
     opened for signature at the conclusion of the seventeenth 
     session of the Hague conference on Private International Law 
     on May 29, 1993 (Treaty Doc. 105-51) (hereinafter, ``The 
     Convention''), subject to the declarations of subsection (a) 
     and subsection (b).
       (a) Declarations.--The Senate's advice and consent is 
     subject to the following declarations, which shall be 
     included in the instrument of ratification:
       (1) Non-self executing convention.--The United States 
     declares that the provisions of Articles 1 through 39 of the 
     Convention are not self-executing.
       (2) Performance of required functions.--The United States 
     declares, pursuant to Article 22(2), that in the United 
     States the Central Authority functions under Articles 15-21 
     may also be performed by bodies or persons meeting the 
     requirements of Articles 22(2)(a) and (b). Such bodies or 
     persons will be subject to federal law and regulations 
     implementing the Convention as well as state licensing and 
     other laws and regulations applicable to providers of 
     adoption services. The performance of Central Authority 
     functions by such approved adoption service providers would 
     be subject to the supervision of the competent federal and 
     state authorities in the United States.
       (b) Declarations.--The Senate's advice and consent is 
     subject to the following declarations, which shall be binding 
     on the President:
       (1) Deposit on instrument.--The President shall not deposit 
     the instrument of ratification for the Convention until such 
     time as the federal law implementing the Convention is 
     enacted and the United States is able to carry out all the 
     obligations of the Convention, as required by its 
     implementing legislation.
       (2) 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.
       (3) 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.
       (4) Rejection of no reservations provision.--It is the 
     Sense of the Senate that the ``no reservations'' provisions 
     contained in Article 40 of the Convention has the effect of 
     inhibiting the Senate from exercising its constitutional duty 
     to give advice and consent to a treaty, and the Senate's 
     approval of this Convention should not be construed as a 
     precedent for acquiescence to future treaties containing such 
     a provision.

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