[Congressional Record (Bound Edition), Volume 148 (2002), Part 15]
[Senate]
[Pages 21026-21028]
[From the U.S. 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 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.

[[Page 21027]]

       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 
     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.

[[Page 21028]]

       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.

                          ____________________