[Pages S10674-S10677]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

EXECUTIVE REPORTS OF COMMITTEE

The following executive reports of committee were submitted:

By Mr. BIDEN, from the Committee on Foreign Relations:

[Treaty Doc. 107-15 Treaty with Honduras for Return of Stolen, Robbed,
and Embezzled Vehicles and Aircraft, with Annexes and Exchange of Notes
(Exec. Rept. No. 107-11)]

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 Treaty between the Government of the
United States of America and the Government of the Republic
of Honduras for the Return of Stolen, Robbed, or Embezzled
Vehicles and Aircraft, with Annexes and a related exchange of
notes, signed at Tegucigalpa on November 23, 2001 (Treaty
Doc. 107-15).

[Treaty Doc. 107-6 Extradition Treaty with Peru (Exec. Rept. No. 107-
12)]

Text of the Committee Recommended Resolution of Advice and Consent

Resolved (two-thirds of the Senators present concurring
therein),
Section 1. Advice and Consent to Ratification of the
Extradition Treaty with Peru, subject to an understanding and
a condition.
The Senate advises and consents to the ratification of the
Extradition Treaty Between the United States of America and
the Republic of Peru, signed at Lima on July 26, 2001 (Treaty
Doc. 107-6; in this resolution referred to as the
``Treaty''), subject to the understanding in section 2 and
the condition in section 3.
Section 2. Understanding.
The advice and consent of the Senate under section 1 is
subject to the following understanding, which shall be
included in the instrument of ratification:
Prohibition of Extradition to the International Criminal
Court.--The United States understands that the protections
contained in Article XIII concerning the Rule of Speciality
would preclude the resurrender of any person extradited to
the Republic of Peru from the United States to the
International Criminal Court, unless the United States
consents to such resurrender; and the United States shall not
consent to any such resurrender unless the Statute
establishing that Court has entered into force for the United
States by and with the advice and consent of the Senate in
accordance with Article II, section 2 of the United States
Constitution.
Section 3. Condition.
The advice and consent of the Senate under section 1 is
subject to the condition that nothing in the Treaty requires
or authorizes legislation or other action by the

[[Page S10675]]

United States that is prohibited by the Constitution of the
United States as interpreted by the United States.

Treaty Doc. 107-4 Extradition Treaty with Lithuania (Exec. Rept. No.
107-13)]

Text of the Committee Recommended Resolution of Advice and Consent

Resolved (two-thirds of the Senators present concurring
therein),
Section 1. Advice and Consent to Ratification of the
Extradition Treaty with Lithuania, subject to a condition.
The Senate advises and consents to the ratification of the
Extradition Treaty Between the Government of the United
States of America and the Government of the Republic of
Lithuania, signed at Vilnius on October 23, 2001 (Treaty Doc.
107-4; in this resolution referred to as the ``Treaty''),
subject to the condition in section 2.
Section 2. Condition.
The advice and consent of the Senate under section 1 is
subject to the condition that nothing in the Treaty requires
or authorizes legislation or other action by the United
States that is prohibited by the Constitution of the United
States as interpreted by the United States.

[Treaty Doc. 107-11 Second Protocol Amending Extradition Treaty with
Canada (Exec. Rept. No. 107-14)]

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 Second Protocol Amending the Treaty on
Extradition Between the Government of the United States of
America and the Government of Canada, signed at Ottawa on
January 12, 2001 (Treaty Doc. 107-11).

[Treaty Doc. 107-13 Treaty with Belize on Mutual Legal Assistance in
Criminal Matters (Exec. Rept. No. 107-15)]

Text of the Committee Recommended Resolution of Advice and Consent

Resolved (two-thirds of the Senators present concurring
therein),
Section 1. Advice and Consent to Ratification of the Treaty
with Belize on Mutual Legal Assistance in Criminal Matters,
subject to an understanding and conditions.
The Senate advises and consents to the ratification of the
Treaty Between the Government of the United States of America
and the Government of Belize on Mutual Legal Assistance in
Criminal Matters, signed at Belize, on September 19, 2000,
and a related exchange of notes (Treaty Doc. 107-13; in this
resolution referred to as the ``Treaty''), subject to the
understanding in section 2 and the conditions in section 3.
Section 2. Understanding.
The advice and consent of the Senate under section 1 is
subject to the following understanding, which shall be
included in the instrument of ratification:
Prohibition on Assistance to the International criminal
Court.--The United States shall exercise its rights to limit
the use of assistance that it provides under the Treaty so
that any assistance provided by the Government of the United
States shall not be transferred to or otherwise used to
assist the International Criminal Court unless the treaty
establishing the Court has entered into force for the
United States by and with the advice of the Senate in
accordance with Article II, Section 2 of the United States
Constitution, or unless the President has waived any
applicable prohibition on provision of such assistance in
accordance with applicable United States law.
Section 3. Conditions.
The advice and consent of the Senate under section 1 is
subject to the following conditions:
(1) Limitation on Assistance.--Pursuant to the right of the
United States under the Treaty to deny legal assistance that
would prejudice the essential public policy or interests of
the United States, the United States shall deny any request
for such assistance if the Central Authority of the United
States (as designated in Article 2(2) of the Treaty), after
consultation with all appropriate intelligence, anti-
narcotic, and foreign policy agencies, has specific
information that a senior Government official of the
requesting party who will have access to information to be
provided as part of such assistance is engaged in a felony,
including the facilitation of the production or distribution
of illegal drugs.
(2) Supremacy of the Constitution.--Nothing in the Treaty
requires or authorizes legislation or other action by the
United States that is prohibited by the Constitution of the
United States as interpreted by the United States.

[Treaty Doc. 107-3 Treaty with India on Mutual Legal Assistance In
Criminal Matters (Exec. Rept. No. 107-15)]

Text of the Committee Recommended Resolution of Advice and Consent

Resolved (two-thirds of the Senators present concurring
therein),
Section 1. Advice and Consent to Ratification of the Treaty
with India on Mutual Legal Assistance in Criminal Matters,
subject to an understanding and conditions.
The Senate advises and consents to the ratification of the
Treaty Between the Government of the United States of America
and the Government of the Republic of India on Mutual Legal
Assistance in Criminal Matters, signed at New Delhi on
October 17, 2001 (Treaty Doc. 107-3; in this resolution
referred to as the ``Treaty''), subject to the understanding
in section 2 and the conditions in section 3.
Section 2. Understanding.
The advice and consent of the Senate under section 1 is
subject to the following understanding, which shall be
included in the instrument of ratification:
Prohibition on Assistance to the International Criminal
Court.--The United States shall exercise its rights to limit
the use of assistance that it provides under the Treaty so
that any assistance provided by the Government of the United
States shall not be transferred to or otherwise used to
assist the International Criminal Court unless the treaty
establishing the Court has entered into force for the United
States by and with the advice of the Senate in accordance
with Article II, Section 2 of the United States Constitution,
or unless the President has waived any applicable prohibition
on provision of such assistance in accordance with applicable
United States law.

[Treaty Doc. 107-9 Treaty with Ireland on Mutual Legal Assistance in
Criminal Matters (Exec. Rept. No. 107-15)]

Text of the Committee Recommended Resolution of Advice and Consent

Resolved (two-thirds of the Senators present concurring
therein),
Section 1. Advice and Consent to Ratification of the Treaty
with Ireland on Mutual Legal Assistance in Criminal Matters,
subject to an understanding and conditions.
The Senate advises and consents to the ratification of the
Treaty Between the Government of the United States of America
and the Government of Ireland on Mutual Legal Assistance in
Criminal Matters, signed at Washington on January 18, 2001
(Treaty Doc. 107-9; in this resolution referred to as the
``Treaty''), subject to the understanding in section 2 and
the conditions in section 3.
Section 2. Understanding.
The advice and consent of the Senate under section 1 is
subject to the following understanding, which shall be
included in the instrument of ratification:
Prohibition on Assistance to the International Criminal
Court.--The United States shall exercise its rights to limit
the use of assistance that it provides under the Treaty so
that any assistance provided by the Government of the United
States shall not be transferred to or otherwise used to
assist the International Criminal Court unless the treaty
establishing the Court has entered into force for the United
States by and with the advice of the Senate in accordance
with Article II, Section 2 of the United States Constitution,
or unless the President has waived any applicable prohibition
on provision of such assistance in accordance with applicable
United States law.

[Treaty Doc. 107-16 Treaty with Liechtenstein on Mutual Legal
Assistance in Criminal Matters (Exec. Rept. No. 107-15)]

Text of the Committee Recommended Resolution of Advice and Consent

Resolved (two-thirds of the Senators present concurring
therein),
Section 1. Advice and Consent to Ratification of the Treaty
with Liechtenstein on Mutual Legal Assistance in Criminal
Matters, subject to an understanding and conditions.
The Senate advises and consents to the ratification of the
Treaty Between the Government of the United States of America
and the Principality of Liechtenstein on Mutual Legal
Assistance in Criminal Matters, and a related exchange of
notes, signed at Vaduz on July 8, 2002 (Treaty Doc. 107-16;
in this resolution referred to as the ``Treaty''), subject to
the understanding in section 2 and the conditions in section
3.
Section 2. Understanding.
The advice and consent of the Senate under section 1 is
subject to the following understanding, which shall be
included in the instrument of ratification:
Prohibition on Assistance to the International Criminal
Court--The United States shall exercise its rights to limit
the use of assistance that it provides under the Treaty so
that any assistance provided by the Government of the United
States shall not be transferred to or otherwise used to
assist the International Criminal Court unless the treaty
establishing the Court has entered into force for the United
States by and with the advice of the Senate in accordance
with Article II, Section 2 of the United States Constitution,
or unless the President has waived any applicable prohibition
on provision of such assistance in accordance with applicable
United States law.
Section 3. Conditions.
The advice and consent of the Senate under section 1 is
subject to the following conditions:
(1) Limitation on Assistance.--Pursuant to the right of the
United States under the Treaty to deny legal assistance that
would prejudice the essential public policy or interests of
the United States, the United States shall deny any request
for such assistance if the Central Authority of the United
States (as designated in Article 2(2) of the Treaty), after
consultation with all appropriate intelligence, anti-
narcotic, and foreign policy agencies, has specific
information that a senior Government official of the
requesting party who will have access to information to be
provided as part of such assistance is engaged in a felony,
including the facilitation of the production or distribution
of illegal drugs.
(2) Supremacy of the Constitution.--Nothing in the Treaty
requires or authorizes legislation or other action by the
United States that is prohibited by the Constitution of the

[[Page S10676]]

United States as interpreted by the United States.

Nominations Discharged

The following nominations were discharged from the Committee on
Health, Education, Labor, and Pension pursuant to the order of October
17, 2002 and placed on the Executive Calendar.

national foundation on the arts and the humanities

David Gelenter, of Connecticut, to be a Member of the
National Council on the Arts for a term expiring September 3,
2006, vice Hsin-Ming Fung.

national institute for literacy

Juan R. Olivarez, of Michigan, to be a Member of the
National Institute for Literacy Advisory Board for a term of
one year. (New Position)
Carol C. Gambill, of Tennessee, to be a Member of the
National Institute for Literacy Advisory Board for a term of
three years. (New Position)

national Council on disability

Joel Kahn, of Ohio, to be a Member of the National Council
on Disability for a term expiring September 17, 2004, vice
Dave Nolan Brown, term expired.
Patricia Pound, of Texas, to be a Member of the National
Council on Disability for a term expiring September 17, 2005.
(Reappointment)
Linda Wetters, of Ohio, to be a Member of the National
Council on Disability for a term expiring September 17, 2003,
vice Gerald S. Segal.

barry goldwater scholarship & excellence in education foundation

Peggy Goldwater-Clay, of California, to be a Member of the
Board of Trustee of the Barry Goldwater Scholarship and
Excellence in Education Foundation for a term expiring June
5, 2006. (Reappointment)

national museum services board

Judith Ann Rapanos, of Michigan, to be a Member of the
National Museum Services Board for a term expiring December
6, 2002, vice Kinshasha Holman Conwill, term expired.
Judity Ann Rapanos, of Michigan, to be a Member of the
National Museum Services Board for a term expiring December
6, 2007. (Reappointment)
Beth Walkup, of Arizona, to be a Member of the National
Museum Services Board for a term expiring December 6, 2003,
vice Robert G. Breunig, term expired.
Nancy S. Dwight, of New Hampshire, to be a Member of the
National Museum Services Board for a term expiring December
6, 2005, vice Ayse Manyas Kenmore, term expired.
A. Wilson Greene, of Virginia, to be a Member of the
National Museum Services Board for a term expiring December
6, 2004, vice Charles Hummel, term expired.
Maria Mercedes Guillemard, of Puerto Rico, to be a Member
of the National Museum Services Board for a term expiring
December 6, 2005, vice Lisa A. Hembry, term expired.
Peter Hero, of California, to be a Member of the National
Museum Services Board for a term expiring December 6, 2006,
vice Alice Rae Yelen, term expired.
Thomas E. Lorentzen, of California, to be a Member of the
National Museum Services Board for a term expiring December
6, 2006, vice Philip Frost, term expired.

occupational safety and health review commission

James M. Stephens, of Virginia, to be a Member of the
Occupational Safety and Health Review Commission for a term
expiring April 27, 2005, vice Ross Edward Eisenbrey.

national labor relations board

Robert J. Battista, of Michigan, to be a Member of the
National Labor Relations Board for the term of five years
expiring December 16, 2007, vice Wilma B. Liebman, term
expiring.
Wilma B. Liebman, of the District of Columbia, to be a
Member of the National Labor Relations Board for the term of
five years expiring August 27, 2006, vice Peter J. Hurtgen.
Peter Schaumber, of the District of Columbia, to be a
Member of the National Labor Relations Board for the term of
five years expiring August 27, 2005, vice Joseph Robert
Brame, III, term expired.

The following nomination was discharged from the Committee on Health,
Education, Labor and Pensions pursuant to the order of October 17, 2002
and further referred to the Committee on Governmental Affairs for not
more than 20 days:

department of education

John Portman Higgins, of Virginia, to be Inspector General,
Department of Education, vice Lorraine Pratte Lewis,
resigned.

INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

The following bills and joint resolutions were introduced, read the
first and second times by unanimous consent, and referred as indicated:

By Mr. REED (for himself and Mr. Fitzgerald):
S. 3127. A bill to amend the Safe Drinking Water Act to
provide assistance to States to support testing of private
wells in areas of suspected contamination to limit or prevent
human exposure to contaminated groundwater; to the Committee
on Environment and Public Works.
By Mr. VOINOVICH (for himself and Mr. DeWine):
S. 3128. A bill to authorize the Pyramid of Remembrance
Foundation to establish a memorial in the District of
Columbia and its environs to honor members of the Armed
Forces of the United States who have lost their lives during
peacekeeping operations, humanitarian efforts, training,
terrorist attacks, or covert operations; to the Committee on
Energy and Natural Resources.
By Mr. CRAPO:
S. 3129. A bill to permit the Secretary of the Interior to
enter certain leases for fire capitalization improvements; to
the Committee on Energy and Natural Resources.
By Mr. DURBIN (for himself and Mr. Gregg):
S. 3130. A bill to amend the Federal Food, Drug, and
Cosmetic Act to add requirements regarding device
reprocessing and reuse; to the Committee on Health,
Education, Labor, and Pensions.
By Mr. VOINOVICH (for himself and Mr. Feingold):
S. 3131. A bill to balance the budget and protect the
Social Security Trust Fund surpluses; to the Committee on the
Budget and the Committee on Governmental Affairs, jointly,
pursuant to the order of August 4, 1977, with instructions
that if one Committee reports, the other Committee have
thirty days to report or be discharged.
By Mr. BAUCUS (for himself, Mr. Crapo, and Mr. Craig):
S. 3132. A bill to improve the economy and the quality of
life for all citizens by authorizing funds for Federal-aid
highways, and for other purposes; to the Committee on
Environment and Public Works.
By Mr. BAUCUS (for himself, Mr. Crapo, and Mr. Craig):
S. 3133. A bill to amend the Internal Revenue Code of 1986
to make funding available to carry out the Maximum Economic
Growth for America Through Highway Funding Act; to the
Committee on Finance.
By Mr. BAUCUS (for himself, Mr. Crapo, and Mr. Craig):
S. 3134. A bill to amend titles 23 and 49, United States
Code, to encourage economic growth in the United States by
increasing transportation investments in rural areas, and for
other purposes; to the Committee on Environment and Public
Works.
By Mr. CARPER (for himself, Mr. Chafee, Mr. Breaux, and
Mr. Baucus):
S. 3135. A bill to amend the Clean Air Act to establish a
national uniform multiple air pollutant regulatory program
for the electric generating sector; to the Committee on
Environment and Public Works.
By Mr. BAUCUS:
S. 3136. A bill to establish a trust fund for the purpose
of making medical benefit payments to current and former
residents of Libby, Montana; to the Committee on Environment
and Public Works.
By Mr. LEAHY:
S. 3137. A bill to provide remedies for retaliation against
whistleblowers making congressional disclosures; to the
Committee on Governmental Affairs.
By Mr. DOMENICI:
S. 3138. A bill to authorize the Secretary of the Interior,
in cooperation with the University of New Mexico, to
construct and occupy a portion of the Hibben Center for
Archaeological Research at the University of New Mexico, and
for other purposes; to the Committee on Energy and Natural
Resources.
By Mr. SESSIONS (for himself, Mr. Grassley, and Mr.
Leahy):
S. 3139. A bill to provide a right to be heard for
participants and beneficiaries of an employee pension benefit
plan of a debtor in order to protect pensions of those
employees and retirees; to the Committee on the Judiciary.
By Mr. DODD (for himself and Ms. Collins):
S. 3140. A bill to assist law enforcement in their efforts
to recover missing children and to clarify the standards for
State sex offender registration programs; to the Committee on
the Judiciary.
By Mr. DODD (for himself, Mr. Kennedy, Mrs. Murray,
Mrs. Boxer, Mr. Inouye, Mr. Akaka, and Mr. Corzine):
S. 3141. A bill to amend the Family and Medical Leave Act
of 1993 to expand the scope of the Act, and for other
purposes; to the Committee on Health, Education, Labor, and
Pensions.
By Mr. WELLSTONE (for himself, Mr. Bingaman, and Mrs.
Lincoln):
S. 3142. A bill to amend title XIX of the Social Security
Act to require drug manufacturers to pay rebates to State
prescription drug discount programs as a condition of
participation in a rebate agreement for outpatient
prescription drugs under the medicaid program, to provide
increased rebate payments to State medicaid programs, and for
other purposes; to the Committee on Finance.
By Mr. WELLSTONE:
S. 3143. A bill to provide for the establishment of the
Consumer and Shareholder Protection Association, and for
other purposes; to the Committee on Commerce, Science, and
Transportation.
By Mrs. LINCOLN:
S. 3144. A bill to amend title XVI of the Social Security
Act to clarify that the value of certain funeral and burial
arrangements are

[[Page S10677]]

not to be considered available resources under the
supplemental security income program; to the Committee on
Finance.
By Mr. DODD (for himself, Mr. Edwards, and Mr. DeWine):
S. 3145. A bill to amend the Higher Education Act of 1965
to establish a scholarship program to encourage and support
students who have contributed substantial public services; to
the Committee on Health, Education, Labor, and Pensions.
By Mr. LEAHY (for himself and Mrs. Carnahan):
S. 3146. A bill to reauthorize funding for the National
Center for Missing and Exploited Children, and for other
purposes; to the Committee on the Judiciary.
By Mr. DeWINE (for himself, Mr. Leahy, Mr. Grassley,
Ms. Cantwell, Mr. Brownback, and Mr. Domenici):
S. 3147. A bill to foster local collaborations which will
ensure that resources are effectively and efficiently used
within the criminal and juvenile justice systems; to the
Committee on the Judiciary.
By Mr. LIEBERMAN (for himself and Mr. Hatch):
S. 3148. A bill to provide incentives to increase research
by private sector entities to develop antivirals, antibiotics
and other drugs, vaccines, microbicides, and diagnostic
technologies to prevent and treat illnesses associated with a
biological, chemical, or radiological weapons attack; to the
Committee on Finance.
By Mr. FRIST (for himself, Mr. Leahy, and Mr. Cochran):
S. 3149. A bill to provide authority for the Smithsonian
Institution to use voluntary separation incentives for
personnel flexibility, and for other purposes; considered and
passed.
By Mr. McCAIN:
S.J. Res. 50. A joint resolution expressing the sense of
the Senate with respect to human rights in Central Asia; to
the Committee on Foreign Relations.
By Mr. WYDEN:
S.J. Res. 51. A resolution to recognize the rights of
consumers to use copyright protected works, and for other
purposes; to the Committee on the Judiciary.

____________________