S9850 CONGRESSIONAL RECORD — SENATE September 26, 2008 floor consideration of H.R. 2638 that It is the understanding of the United MOTION Arex Avanni, a detailee to the Com- States of America that nothing in Protocol Mr. WHITEHOUSE. I move to concur V would preclude future arrangements in mittee on Appropriations, be granted in the House amendment to the Senate the privilege of the floor. connection with the settlement of armed conflicts, or assistance connected thereto, to amendment to H.R. 2638 and I send a The PRESIDING OFFICER. Without allocate responsibilities under Article 3 in a cloture motion to the desk. objection, it is so ordered. manner that respects the essential spirit and The PRESIDING OFFICER. The clo- f purpose of Protocol V. ture motion having been presented Section 3. Declaration. under rule XXII, the Chair directs the The of the Senate clerk to read the motion. under section 1 is subject to the following The assistant legislative clerk read declaration: INTERNATIONAL CONVENTION ON With the exception of Articles 7 and 8, this as follows: CONTROL OF HARMFUL ANTI- Protocol is self-executing. This Protocol CLOTURE MOTION FOULING SYSTEMS ON SHIPS, does not confer private rights enforceable in We, the undersigned Senators, in accord- 2001 United States courts. ance with the provisions of rule XXII of the TREATY DOC. 110–13 INTERNATIONAL CONVEN- Standing Rules of the Senate, hereby move TION ON THE CONTROL OF HARMFUL ANTI- to bring to a close debate on the motion to CCW PROTOCOL ON EXPLOSIVE FOULING SYSTEMS ON SHIPS concur in the House amendment to H.R. 2638, REMNANTS OF WAR Resolved (two-thirds of the Senators present the Department of Homeland Security Ap- propriations Act/ for Mr. WHITEHOUSE. Mr. President, I concurring therein), Section 1. Senate Advice and Consent sub- fiscal year 2009. ask unanimous consent that the Sen- Evan Bayh, Debbie Stabenow, Benjamin ate proceed to executive session to con- ject to two declarations. The Senate advises and consents to the L. Cardin, Byron L. Dorgan, Barbara A. sider the Calendar Nos. 24 and 30, and ratification of the International Convention Mikulski, Jeff Bingaman, John F. that the treaties be considered as hav- on the Control of Harmful Anti-Fouling Sys- Kerry, Herb Kohl, Sherrod Brown, Jon ing advanced through the various par- tems on Ships, adopted on October 5, 2001 Tester, E. Benjamin Nelson, Richard liamentary stages up to and including (Treaty Doc. 110–13), subject to the declara- Durbin, Patrick J. Leahy, Amy the presentation of the resolutions of tion of section 2 and the declaration of sec- Klobuchar, Robert P. Casey, Jr., Claire McCaskill, Bernard Sanders. ratification; that any committee un- tion 3. derstandings, declarations, and condi- Section 2. Declaration. Mr. WHITEHOUSE: I ask unanimous The advice and consent of the Senate consent that the mandatory quorum be tions, if applicable, be agreed to; that under section 1 is subject to the following any statements be printed in the waived. declaration, which shall be included in the The PRESIDING OFFICER. Without RECORD as if read; and that the Senate instrument of ratification: objection, it is so ordered. take one vote on the resolution of rati- The United States of America declares fication; further, that when the resolu- that, pursuant to Article 16(2)(f)(ii)(3) of the AMENDMENT NO. 5670 tions of ratification are voted on, the Convention, amendments to Annex 1 of the Mr. WHITEHOUSE. I now move to motions to reconsider be considered Convention shall enter into force for the concur in the House amendment to the made and laid on the table; the Presi- United States of America only after notifica- Senate amendment to H.R. 2638 with an tion to the Secretary-General of its accept- dent be immediately notified of the amendment which is at the desk. ance with respect to such amendments. The PRESIDING OFFICER. The Senate’s action, and the Senate resume Section 3. Declaration. legislative session, all without inter- The advice and consent of the Senate clerk will report. vening action or debate. under section 1 is subject to the following The assistant legislative clerk read The PRESIDING OFFICER. Without declaration: as follows: objection, it is so ordered. This Convention is not self-executing. The Senator from Rhode Island [Mr. Mr. WHITEHOUSE. Mr. President, I f WHITEHOUSE] moves to concur in the House amendment to the Senate amendment to ask for a division vote on the resolu- LEGISLATIVE SESSION tions of ratification. H.R. 2638, with an amendment numbered 5670. The PRESIDING OFFICER. A divi- The PRESIDING OFFICER. Under sion vote was been requested. Senators the previous order, the Senate returns Mr. WHITEHOUSE. I ask unanimous in favor of ratification of these treaties to legislative session. consent that the reading of the amend- will rise and remain standing until f ment be dispensed with. The PRESIDING OFFICER. Without counted. LEGISLATIVE SESSION Those opposed will rise and stand objection, it is so ordered. until counted. The amendment is as follows: On a division vote, two-thirds of the ACTION VITIATED—H.R. 2638 At the end, add the following: Senators present having voted in the The provisions of this Act shall become ef- Mr. WHITEHOUSE. Mr. President, I affirmative, the resolutions of ratifica- fective 2 days after enactment. ask unanimous consent that the pre- tion are agreed to. Mr. WHITEHOUSE. I ask for the yeas vious action with respect to the House The resolutions of ratification agreed and nays. Message to H.R. 2638 be vitiated. to are as follows: The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without sufficient second? There appears to be TREATY DOC. 109–10(C) CCW PROTOCOL ON objection, it is so ordered. EXPLOSIVE REMNANTS OF WAR (PROTOCOL V) a sufficient second. Resolved (two-thirds of the Senators present f The yeas and nays were ordered. concurring therein), CONSOLIDATED SECURITY, DIS- AMENDMENT NO. 5671 Section 1. Senate Advice and Consent sub- ASTER ASSISTANCE, AND CON- Mr. WHITEHOUSE. I have a second- ject to an understanding and a declaration TINUING APPROPRIATIONS ACT, degree amendment at the desk and ask The Senate advises and consents to the 2009 for its consideration. ratification of the Protocol on Explosive The PRESIDING OFFICER. The Remnants of War to the Convention on Pro- Mr. WHITEHOUSE. I ask unanimous clerk will report. hibitions or Restrictions on the Use of Cer- consent that the Chair lay before the The assistant legislative clerk read tain Conventional Weapons Which May be Senate a message from the House with as follows: Deemed to be Excessively Injurious or to respect to H.R. 2638. Have Indiscriminate Effects (Protocol V), The PRESIDING OFFICER laid be- The Senator from Rhode Island [Mr. adopted at Geneva on November 28, 2003 WHITEHOUSE], for Mr. REID, proposes an (Treaty Doc. 109–10(C)), subject to the under- fore the Senate the following message: amendment numbered 5671 to amendment standing of section 2 and the declaration of Resolved that the House agree to the No. 5670. section 3. amendment of the Senate, to the bill, H.R. Mr. WHITEHOUSE. I ask unanimous Section 2. Understanding. 2638, an act making appropriations for the The advice and consent of the Senate Department of Homeland Security for the consent that the reading of the amend- under section 1 is subject to the following fiscal year ending September 30, 2008, and for ment be dispensed with. understanding, which shall be included in other purposes, do pass with a House amend- The PRESIDING OFFICER. Without the instrument of ratification: ment to the Senate amendment. objection, it is so ordered.

VerDate Aug 31 2005 08:26 Sep 27, 2008 Jkt 069060 PO 00000 Frm 00292 Fmt 4624 Sfmt 0634 E:\CR\FM\G26SE6.116 S26SEPT1 wwoods2 on PRODPC68 with SENATE