[Congressional Record Volume 148, Number 137 (Thursday, October 17, 2002)]
[Senate]
[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.

                          ____________________