[Congressional Record Volume 147, Number 161 (Tuesday, November 27, 2001)]
[Senate]
[Pages S12053-S12054]
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. SARBANES for the Committee on Banking, Housing, and 
     Urban Affairs.

[[Page S12054]]

       *Mark W. Olson, of Minnesota, to be a Member of the Board 
     of Governors of the Federal Reserve System for the unexpired 
     term of fourteen years from February 1, 1996.
       *Susan Schmidt Bies, of Tennessee, to be a Member of the 
     Board of Governors of the Federal Reserve System for a term 
     of fourteen years from February 1, 1998.
       *James Gilleran, of California, to be Director of the 
     Office of Thrift Supervision for the remainder of the term 
     expiring October 23, 2002.
       *John Thomas Korsmo, of North Dakota, to be a Director of 
     the Federal Housing Finance Board for a term expiring 
     February 27, 2009.
       *John Thomas Korsmo, of North Dakota, to be a Director of 
     the Federal Housing Finance Board for a term expiring 
     February 27, 2002.
       *Randall S. Kroszner, of Illinois, to be a Member of the 
     Council of Economic Advisers.
       *Franz S. Leichter, of New York, to be a Director of the 
     Federal Housing Finance Board for a term expiring February 
     27, 2006.
       *Allan I. Mendelowitz, of Connecticut, to be a Director of 
     the Federal Housing Finance Board for a term expiring 
     February 27, 2007.

  *Nomination was reported with recommendation that it be confirmed 
subject to the nominee's commitment to respond to requests to appear 
and testify before any duly constituted committee of the Senate.

       By Mr. BIDEN, from the Committee on Foreign Relations.
       Treaty Doc. 106-6 (Exec. Report No. 107-2).

 Text of the Committee Recommended Resolutions of Advice and Consent: 
                          (Treaty Doc. 106-6)

       Resolved (two-thirds of the Senators present concurring 
     therein), 

     SECTION 1. ADVICE AND CONSENT TO RATIFICATION OF THE 
                   INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF 
                   TERRORIST BOMBINGS, SUBJECT TO A RESERVATION, 
                   UNDERSTANDINGS, AND CONDITIONS.

       The Senate advises and consents to the ratification of the 
     International Convention for the Suppression of Terrorist 
     Bombings, adopted by the United Nations General Assembly on 
     December 15, 1997, and signed on behalf of the United States 
     of America on January 12, 1998 (Treaty Document 106-6; in 
     this resolution referred to as the ``Convention''), subject 
     to the reservation in section 2, the understandings in 
     section 3, and the conditions in section 4.

     SEC. 2. RESERVATION.

       The advice and consent of the Senate under section 1 is 
     subject to the reservation, which shall be included in the 
     United States instrument of ratification of the Convention, 
     that
       (a) pursuant to Article 20(2) of the Convention, the United 
     States of America declares that it does not consider itself 
     bound by Article 20(1) of the Convention; and
       (b) the United States of America reserves the right 
     specifically to agree in a particular case to follow the 
     procedure in Article 20(1) of the Convention or any other 
     procedure for arbitration.

     SEC. 3. UNDERSTANDINGS.

       The advice and consent of the Senate under section 1 is 
     subject to the following understandings, which shall be 
     included in the United States instrument of ratification of 
     the Convention:
       (1) Exclusion from coverage of term ``armed conflict''. The 
     United States of America understands that the term ``armed 
     conflict'' in Article 19(2) of the Convention does not 
     include internal disturbances and tensions, such as riots, 
     isolated and sporadic acts of violence, and other acts of a 
     similar nature.
       (2) Meaning of term ``international humanitarian law''. The 
     United States of America understands that the term 
     ``international humanitarian law'' in Article 19 of the 
     Convention has the same substantive meaning as the law of 
     war.
       (3) Exclusion from coverage of activities by military 
     forces. The United States understands that, under Article 19 
     and Article 1(4), the Convention does not apply to--
       (A) the military forces of a state in the exercise of their 
     official duties;
       (B) civilians who direct or organize the official 
     activities of military forces of a state; or
       (C) civilians acting in support of the official activities 
     of the military forces of a state, if the civilians are under 
     the formal command, control, and responsibility of those 
     forces.

     SEC. 4. CONDITIONS.

       The advice and consent of the Senate under section 1 is 
     subject to the following conditions:
       (1) Treaty interpretation. The Senate re-affirms condition 
     (8) of the resolution of ratification of the Document Agreed 
     Among the States Parties to the Treaty on Conventional Armed 
     Forces in Europe (CFE) of November 19, 1990 (adopted at 
     Vienna on May 31, 1996), approved by the Senate on May 14, 
     1997 (relating to condition (1) of the resolution of 
     ratification of the INF Treaty, approved by the Senate on May 
     27, 1988).
       (2) Prohibition on extradition to the international 
     criminal court. The United States shall not transfer any 
     person, or consent to the transfer of any person extradited 
     by the United States, to the International Criminal Court 
     established by the Statute adopted in Rome, Italy, on July 
     17, 1998, unless the Rome Statute has entered into force for 
     the United States, by and with the advice and consent of the 
     Senate, as required by Article II, Section 2, Clause 2 of the 
     United States Constitution.
       (3) Supremacy of the constitution. Nothing in the 
     Convention requires or authorizes the enactment of 
     legislation or the taking of any other action by the United 
     States that is prohibited by the Constitution of the United 
     States as interpreted by the United States.
                                  ____


  Text of the Committee Recommended Resolution of Advice and Consent: 
                          (Treaty Doc. 106-49)

       Resolved (two-thirds of the Senators present concurring 
     therein),

     SECTION 1. ADVICE AND CONSENT TO RATIFICATION OF THE 
                   INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF 
                   THE FINANCING OF TERRORISM, SUBJECT TO A 
                   RESERVATION, UNDERSTANDINGS, AND CONDITIONS.

       The Senate advises and consents to the ratification of the 
     International Convention for the Suppression of the Financing 
     of Terrorism, adopted by the United Nations General Assembly 
     on December 9, 1999, and signed on behalf of the United 
     States of America on January 10, 2000 (Treaty Document 106-
     49; in this resolution referred to as the ``Convention''), 
     subject to the reservation in section 2, the understandings 
     in section 3, and the conditions in section 4.

     SEC. 2. RESERVATION.

       The advice and consent of the Senate under section 1 is 
     subject to the reservation, which shall be included in the 
     United States instrument of ratification of the Convention, 
     that
       (a) pursuant to Article 24(2) of the Convention, the United 
     States of America declares that it does not consider itself 
     bound by Article 24(1) of the Convention; and
       (b) the United States of America reserves the right 
     specifically to agree in a particular case to follow the 
     arbitration procedure set forth in Article 24(1) of the 
     Convention or any other procedure for arbitration.

     SEC. 3. UNDERSTANDINGS.

       The advice and consent of the Senate under section 1 is 
     subject to the following understandings, which shall be 
     included in the United States instrument of ratification of 
     the Convention:
       (1) Exclusion of legitimate activities against lawful 
     targets. The United States of America understands that 
     nothing in the Convention precludes any State Party to the 
     Convention from conducting any legitimate activity against 
     any lawful target in accordance with the law of armed 
     conflict.
       (2) Meaning of the term ``armed conflict''. The United 
     States of America understands that the term ``armed 
     conflict'' in Article 2(1)(b) of the Convention does not 
     include internal disturbances and tensions, such as riots, 
     isolated and sporadic acts of violence, and other acts of a 
     similar nature.

     SEC. 4. CONDITIONS.

       The advice and consent of the Senate under section 1 is 
     subject to the following conditions:
       (1) Treaty interpretation. The Senate reaffirms condition 
     (8) of the resolution of ratification of the Document Agreed 
     Among the States Parties to the Treaty on Conventional Armed 
     Forces in Europe (CFE) of November 19, 1990 (adopted at 
     Vienna on May 31, 1996), approved by the Senate on May 14, 
     1997 (relating to condition (1) of the resolution of 
     ratification of the INF
       Treaty, approved by the Senate on May 27, 1988).
       (2) Prohibition on extradition to the international 
     criminal court. The United States shall not transfer any 
     person, or consent to the transfer of any person extradited 
     by the United States, to the International Criminal Court 
     established by the Statute adopted in Rome, Italy, on July 
     17, 1998 unless the Rome Statute has entered into force for 
     the United States, by and with the advice and consent of the 
     Senate, as required by Article II, Section 2, Clause 2 of the 
     United States Constitution.
       (3) Supremacy of the constitution. Nothing in the 
     Convention requires or authorizes the enactment of 
     legislation or the taking of any other action by the United 
     States that is prohibited by the Constitution of the United 
     States as interpreted by the United States.

                          ____________________