[Congressional Record Volume 146, Number 112 (Wednesday, September 20, 2000)]
[Senate]
[Pages S8866-S8868]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      EXECUTIVE SESSION--TREATIES

  Mr. ENZI. I ask unanimous consent that the Senate proceed to 
executive session to consider the following treaties on today's 
Executive Calendar:
  Nos. 15, 17, 18, and 19.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:

       Treaty Document No. 105-1, Convention On Protection of 
     Children and Co-operation In Respect of Intercountry 
     Adoption;
       Treaty Document No. 106-8, Convention (No. 176) Concerning 
     Safety and Health in Mines;
       Treaty Document No. 106-14, Food Aid Convention 1999;
       Treaty Document No. 105-48, Inter-American Convention On 
     Sea Turtles.

  Mr. ENZI. I further ask unanimous consent that the treaties be 
considered as having passed through their various parliamentary stages 
up to and including the presentation of the resolutions of 
ratification; all committee provisos, reservations, understandings, and 
declarations be considered agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The treaties will be considered to have passed through their various 
parliamentary stages up to and including the resolutions of 
ratification.
  The resolutions of ratification read as follows:


  convention on protection of children and cooperation in respect of 
                         intercountry adoption

       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 non 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 of 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.

[[Page S8867]]

       (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'' provision 
     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.
                                  ____



       convention (no. 176) concerning safety and health in mines

       Resolved (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of Convention (No. 176) Concerning Safety and 
     Health in Mines, Adopted by the International Labor 
     Conference at its 82nd Session in Geneva on June 22, 1995 
     (Treaty Doc. 106-8) (hereinafter, ``The Convention''), 
     subject to the understandings of subsection (a), the 
     declarations of subsection (b) and the provisos of subsection 
     (c).
       (a) Understandings.--The Senate's advice and consent is 
     subject to the following understandings, which shall be 
     included in the instrument of ratification:
       (1) Article 12.--The United States understands that Article 
     12 does not mean that the employer in charge shall always be 
     held responsible for the acts of an independent contractor.
       (2) Article 13.--The United States understands that Article 
     13 neither alters nor abrogates any requirement, mandated by 
     domestic statute, that a miner or a miner's representative 
     must sign an inspection notice, or that a copy of a written 
     inspection notice must be provided to the mine operator no 
     later than the time of inspection.
       (b) Declarations.--The Senate's advice and consent is 
     subject to the following declarations, which shall be binding 
     on the President:
       (1) Not self-executing.--The United States understands that 
     the Convention is not self-executing.
       (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 State Parties to the Treaty on Conventional Armed Forces 
     in Europe, approved by the Senate on May 14, 1997.
       (c) Provisos.--The advice and consent of the Senate is 
     subject to the following provisos:
       (1) Report.--One year after the date the Convention enters 
     into force for the United States, and annually for five years 
     thereafter, the Secretary of Labor, after consultation with 
     the Secretary of State, shall provide a report to the 
     Committee on Foreign Relations of the Senate setting forth 
     the following:
       (i) a listing of parties which have excluded mines from the 
     Convention's application pursuant to Article 2(a), a 
     description of the excluded mines, an explanation of the 
     reasons for the exclusions, and an indication of whether the 
     party plans or has taken steps to progressively cover all 
     mines, as set forth in Article 2(b);
       (ii) a listing of countries which are or have become 
     parties to the Convention and corresponding dates; and
       (iii) an assessment of the relative costs or competitive 
     benefits realized during the reporting period, if any, by 
     United States mine operators as a result of United States 
     ratification of the Convention.
       (2) Supremacy of the constitution.--Nothing in the 
     Convention 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.
                                  ____



                       food aid convention, 1999

       Resolved (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Food Aid Convention, 1999, which was open 
     for signature at the United Nations Headquarters, New York, 
     from May 1 through June 30, 1999, and signed by the United 
     States on June 16, 1999 (Treaty Doc. 106-14), referred to in 
     this resolution of ratification as ``The Convention,'' 
     subject to the declarations of subsection (a) and the proviso 
     of subsection (b).
       (a) Declarations.--The advice and consent of the Senate is 
     subject to the following declarations:
       (1) No diversion.--United States contributions pursuant to 
     this Convention shall not be diverted to government troops or 
     security forces in countries which have been designated as 
     state sponsors of terrorism by the Secretary of State.
       (2) Private voluntary organizations.--To the maximum 
     feasible extent, distribution of United States contributions 
     under this Convention should be accomplished through private 
     voluntary organizations.
       (3) 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 State Parties to the Treaty on Conventional Armed Forces 
     in Europe, approved by the Senate on May 14, 1997.
       (b) Proviso.--The advice and consent of the Senate is 
     subject to the following provisos:
       (1) Supremacy of the constitution.--Nothing in the 
     Convention 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.
                                  ____



 inter-american convention for the protection and conservation of sea 
                         turtles, with annexes

       Resolved (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Inter-American Convention for the 
     Protection and Conservation of Sea Turtles, With Annexes, 
     done at Caracas, Venezuela, on December 1, 1996 (Treaty Doc. 
     105-48), which was signed by the United States, subject to 
     ratification, on December 13, 1996, referred to in this 
     resolution of ratification as ``The Convention,'' subject to 
     the understandings of subsection (a), the declarations of 
     subsection (b) and the provisos of subsection (c).
       (a) Understandings.--The advice and consent of the Senate 
     is subject to the following understandings, which shall be 
     included in the instrument of ratification of the Convention 
     and shall be binding on the President:
       (1) Article vi (``secretariat'').--The United States 
     understands that no permanent secretariat is established by 
     this Convention, and that nothing in the Convention obligates 
     the United States to appropriate funds for the purpose of 
     establishing a permanent secretariat now or in the future.
       (2) Article xii (``international cooperation'').--The 
     United States understands that, upon entry into force of this 
     Convention for the United States, the United States will have 
     no binding obligation under the Convention to provide 
     additional funding or technical assistance for any of the 
     measures listed in Article XII.
       (3) Article xiii (``financial resources'').--Bearing in 
     mind the provisions of paragraph (7), the United States 
     understands that establishment of a ``special fund,'' as 
     described in this Article, imposes no obligation on Parties 
     to participate or contribute to the fund.
       (b) Declarations.--The advice and consent of the Senate is 
     subject to the following declarations:
       (1) ``No reservations'' clause.--Concerning Article XXIII, 
     it is the sense of the Senate that this ``no reservations'' 
     provision has the effect of inhibiting the Senate in its 
     exercise of its constitutional duty to give advice and 
     consent to ratification of a treaty, and the Senate's 
     approval of these treaties should not be construed as a 
     precedent for acquiescence to future treaties containing such 
     provisions.
       (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, 1998, and Condition (8) of 
     the resolution of ratification of the Document Agreed Among 
     the State Parties to the Treaty on Conventional Armed Forces 
     in Europe, approved by the Senate on May 14, 1997.
       (3) New legislation.--Existing federal legislation provides 
     sufficient legislative authority to implement United States 
     obligations under the Convention. Accordingly, no new 
     legislation is necessary in order for the United States to 
     implement the Convention. Because all species of sea turtles 
     occurring in the Western Hemisphere are listed as endangered 
     or threatened under the Endangered Species Act of 1973, as 
     amended (Title 16, United States Code, Section 1536 et seq.), 
     said Act will serve as the basic authority for implementation 
     of United States obligations under the Convention.
       (4) Articles ix and x (``monitoring programs,'' 
     ``compliance'').--The United States understands that nothing 
     in the Convention precludes the boarding, inspection or 
     arrest by United States authorities of any vessel which is 
     found within United States territory or maritime areas with 
     respect to which it exercises sovereignty, sovereign rights 
     or jurisdiction, for purposes consistent with Articles IX and 
     X of this Convention.
       (5) It is the sense of the Senate that the entry into force 
     and implementation of this Convention in the United States 
     should not interfere with the right of waterfront property 
     owners, public or private, to use or alienate their property 
     as they see fit consistent with pre-existing domestic law.
       (c) Provisos.--The advice and consent of the Senate is 
     subject to the following provisos:
       (1) Report to congress.--The Secretary of State shall 
     provide to the Committee on Foreign Relations of the Senate a 
     copy of each annual report prepared by the United States in 
     accordance with Article XI of the Convention. The Secretary 
     shall include for the

[[Page S8868]]

     Committee's information a list of ``traditional communities'' 
     exceptions which may have been declared by an party to the 
     Convention.
       (2) Supremacy of the constitution.--Nothing in the 
     Convention 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.

  Mr. ENZI. I further ask unanimous consent that any statements be 
printed in the Congressional Record as if read, and that the Senate 
take one vote on the resolutions of ratification to be considered as 
separate votes. Further, that when the resolutions of ratification are 
voted upon, the motion to reconsider be laid upon the table, the 
President be notified of the Senate's action, and that following the 
disposition of the treaties, the Senate return to legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The understandings to the resolutions of ratification are agreed to.
  Mr. ENZI. I ask for a division vote on the resolutions of 
ratification.
  The PRESIDING OFFICER. A division has been requested.
  Senators in favor of the resolutions of ratification will rise and 
stand until counted.
  Those opposed will rise and stand until counted.
  On a division, two-thirds of the Senators present having voted in the 
affirmative, the resolutions of ratification are agreed to.

                          ____________________