[Congressional Record Volume 146, Number 131 (Wednesday, October 18, 2000)]
[Senate]
[Page S10667]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



               INTERNATIONAL PLANT PROTECTION CONVENTION

  The resolution of ratification was read as follows:

       Resolved, (two thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the International Plant Protection Convention 
     (IPPC), Adopted at the Conference of the Food and Agriculture 
     Organization (FAO) of the United Nations at Rome on November 
     17, 1997 (Treaty Doc. 106-23), referred to in this resolution 
     of ratification as ``the amended Convention,'' subject to the 
     understandings of subsection (a), the declaration 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 amended 
     Convention and shall be binding on the President:
       (1) Relationship to other international agreements.--The 
     United States understands that nothing in the amended 
     Convention is to be interpreted in a manner inconsistent 
     with, or alters the terms or effect of, the World Trade 
     Organization Agreement on the Application of Sanitary or 
     Phytosanitary Measures (SPS Agreement) or other relevant 
     international agreements.
       (2) Authority to take measures against pests.--The United 
     States understands that nothing in the amended Convention 
     limits the authority of the United States, consistent with 
     the SPS Agreement, to take sanitary or phytosanitary measures 
     against any pest to protect the environment or human, animal, 
     or plant life or health.
       (3) Article xx (``technical assistance'').--The United 
     States understands that the provisions of Article XX entail 
     no binding obligation to appropriate funds for technical 
     assistance.
       (b) Declaration.--The advice and consent of the Senate is 
     subject to the following declaration:
       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 to congress.--One year after the date the 
     amended Convention enters into force for the United States, 
     and annually thereafter for five years, the Secretary of 
     Agriculture, in consultation with the Secretary of State, 
     shall provide a report on Convention implementation to the 
     Committee on Foreign Relations of the Senate setting forth at 
     least the following:
       (A) a discussion of the sanitary or phytosanitary standard-
     setting activities of the IPPC during the previous year;
       (B) a discussion of the sanitary or phytosanitary standards 
     under consideration or planned for consideration by the IPPC 
     in the coming year;
       (C) information about the budget of the IPPC in the 
     previous fiscal year; and
       (D) a list of countries which have ratified or accepted the 
     amended Convention, including dates and related particulars.
       (2) Supremacy of the constitution.--Nothing in the amended 
     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.

  The PRESIDING OFFICER. A division has been requested.
  Senators in favor of the ratification of this treaty, please raise 
their hand. (After a pause.) Those opposed will raise their hands.
  With two-thirds of the Senators present having voted in the 
affirmative, the resolution of ratification is agreed to.
  Mr. THOMAS. I thank the Presiding Officer, the Senator from West 
Virginia, and the clerk.
  By the way, just for information, these treaties were all approved by 
the Foreign Relations Committee on October 4 and 5.

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