[Congressional Record (Bound Edition), Volume 146 (2000), Part 12]
[Senate]
[Pages 17106-17107]
[From the U.S. Government Publishing Office, www.gpo.gov]



                     EXECUTIVE REPORTS OF COMMITTEE

  The following executive reports of committee were submitted on 
September 5, 2000:

       By Mr. HELMS, from the Committee on Foreign Relations:
       Treaty Doc. 106-8. Convention (No. 176) Concerning Safety 
     and Health in Mines (Exec. Report No. 106-16).

  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 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.
                                  ____

       Treaty Doc. 106-14. Food Aid Convention 1999 (Exec. Rept. 
     106-17).

  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 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 Diverson.--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.
                                  ____

       Treaty Doc. 105-48. Inter-American Convention on Sea 
     Turtles (Exec. Rept. 106-18).

  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 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

[[Page 17107]]

     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, 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.
       (3) New legislation.--Existing federal legislation provides 
     sufficient legislation 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 turtle 
     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 Committee's information a list of 
     ``traditional communities'' exceptions which may have been 
     declared by any 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.

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