[Congressional Record Volume 145, Number 153 (Wednesday, November 3, 1999)]
[Senate]
[Pages S13795-S13798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     EXECUTIVE REPORTS OF COMMITTEE

  The following executive reports of committees were submitted:

       By Mr. JEFFORDS for the Committee on Health, Education, 
     Labor, and Pensions:
       Stephen Hadley, of the District of Columbia, to be a Member 
     of the Board of Directors of the United States Institute of 
     Peace for a term expiring January 19, 2003.
       Zalmay Khalilzad, of Maryland, to be a Member of the Board 
     of Directors of the United States Institute of Peace for a 
     term expiring January 19, 2001.
       Charles Richard Barnes, of Georgia, to be Federal Mediation 
     and Conciliation Director.
       Paul Steven Miller, of California, to be a Member of the 
     Equal Employment Opportunity Commission for a term expiring 
     July 1, 2004. (Reappointment)
       A. Lee Fritschler, of Pennsylvania, to be Assistant 
     Secretary for Postsecondary Education, Department of 
     Education.
       Irasema Garza, of Maryland, to be Director of the Women's 
     Bureau, Department of Labor.
       T. Michael Kerr, of the District of Columbia, to be 
     Administrator of the Wage and Hour Division, Department of 
     Labor.
       Anthony Musick, of Virginia, to be Chief Financial Officer, 
     Corporation for National and Community Service.
       Amy C. Achor, of Texas, to be a Member of the Board of 
     Directors of the Corporation for National and Community 
     Service for a term expiring October 6, 2003.
       Linda Lee Aaker, of Texas, to be a Member of the National 
     Council on the Humanities for a term expiring January 26, 
     2004.
       Edward L. Ayers, of Virginia, to be a Member of the 
     National Council on the Humanities for a term expiring 
     January 26, 2004.
       Pedro G. Castillo, of California, to be a Member of the 
     National Council on the Humanities for a term expiring 
     January 26, 2004.
       Peggy Whitman Prenshaw, of Louisiana, to be a Member of the 
     National Council on the Humanities for a term expiring 
     January 26, 2002.
       Theodore William Striggles, of New York, to be a Member of 
     the National Council on the Humanities for a term expiring 
     January 26, 2004.
       Ira Berlin, of the District of Columbia, to be a Member of 
     the National Council on the Humanities for a term expiring 
     January 26, 2004.
       Evelyn Edson, of Virginia, to be a Member of the National 
     Council on the Humanities for a term expiring January 26, 
     2004.

  (The above nominations were reported with the recommendation that 
they be confirmed, subject to the nominees' commitment to respond to 
requests to appear and testify before any duly constituted committee of 
the Senate.)

       By Mr. HELMS, from the Committee on Foreign Relations:
       Treaty Doc. 105-55: Tax Convention With Estonia (Exec. 
     Report 106-3).

  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 Convention between the Government of the 
     United States of America and the Republic of Estonia for the 
     Avoidance of Double Taxation and the Prevention of Fiscal 
     Evasion with Respect to Taxes on Income, signed at Washington 
     on January 15, 1998 (Treaty Doc. 105-55), subject to the 
     declaration of subsection (a) and the proviso of subsection 
     (b).
       (a) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       (1) Treaty interpretation.--The Senate affirms the 
     applicability to all treaties of the constitutionally based 
     principles of treaty interpretation set forth in Condition 
     (1) of the resolution of ratification of the INF Treaty, 
     approved by the Senate on May 27, 1988, and Condition (8) of 
     the resolution of ratification of the Document Agreed Among 
     the States Parties to the Treaty on Conventional Armed Forces 
     in Europe, approved by the Senate on May 14, 1997.
       (b) Proviso.--The resolution of ratification is subject to 
     the following proviso, which shall be binding on the 
     President:
       (1) Supremacy of constitution.--Nothing in the Convention 
     requires or authorizes legislation or other action by the 
     United States of America that is prohibited by the 
     Constitution of the United States as interpreted by the 
     United States.
                                  ____

       Treaty Doc. 105-56: Tax Convention With Lithuania (Exec. 
     Report 106-4).

[[Page S13796]]

  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 Convention between the Government of the 
     United States of America and the Government of the Republic 
     of Lithuania for the Avoidance of Double Taxation and the 
     Prevention of Fiscal Evasion with Respect to Taxes on Income, 
     signed at Washington on January 15, 1998 (Treaty Doc. 105-
     56), subject to the declaration of subsection (a) and the 
     proviso of subsection (b).
       (a) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       (1) Treaty interpretation.--The Senate affirms the 
     applicability to all treaties of the constitutionally based 
     principles of treaty interpretation set forth in Condition 
     (1) of the resolution of ratification of the INF Treaty, 
     approved by the Senate on May 27, 1988, and Condition (8) of 
     the resolution of ratification of the Document Agreed Among 
     the States Parties to the Treaty on Conventional Armed Forces 
     in Europe, approved by the Senate on May 14, 1997.
       (b) Proviso.--The resolution of ratification is subject to 
     the following proviso, which shall be binding on the 
     President:
       (1) Supremacy of constitution.--Nothing in the Convention 
     requires or authorizes legislation or other action by the 
     United States of America that is prohibited by the 
     Constitution of the United States as interpreted by the 
     United States.
                                  ____

       Treaty Doc. 105-57: Tax Convention With Latvia (Exec. 
     Report 106-5).

    Text of the Committee-Recommended Resolution Advice and Consent:

       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Convention between the Government of the 
     United States of America and the Republic of Latvia for the 
     Avoidance of Double Taxation and the Prevention of Fiscal 
     Evasion with Respect to Taxes on Income, signed at Washington 
     on January 15, 1998 (Treaty Doc. 105-57), subject to the 
     declaration of subsection (a) and the proviso of subsection 
     (b).
       (a) Declaration.--The Senate's advise and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       (1) Treaty interpretation.--The Senate affirms the 
     applicability to all treaties of the constitutionally based 
     principles of treaty interpretation set forth in Condition 
     (1) of the resolution of ratification of the INF Treaty, 
     approved by the Senate on May 27, 1988, and Condition (8) of 
     the resolution of ratification of the Document Agreed Among 
     the States Parties to the Treaty on Conventional Armed Forces 
     in Europe, approved by the Senate on May 14, 1997.
       (b) Proviso.--The resolution of ratification is subject to 
     the following proviso, which shall be binding on the 
     President:
       (1) Supremacy of constitution.--Nothing in the Convention 
     requires or authorizes legislation or other action by the 
     United States of America that is prohibited by the 
     Constitution of the United States as interpreted by the 
     United States.
                                  ____

       Treaty Doc. 106-3: Tax Convention With Venezuela (Exec. 
     Report 106-6).

    Text of the Committee-Recommended Resolution Advice and Consent:

       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Convention between the Government of the 
     United States of America and the Republic of Venezuela for 
     the Avoidance of Double Taxation and the Prevention of Fiscal 
     Evasion with Respect to Taxes on Income and Capital, together 
     with a Protocol, signed at Caracas on January 25, 1999 
     (Treaty Doc. 106-3), subject to the understandings of 
     subsection (a), the declarations of subsection (b), and the 
     proviso of subsection (c).
       (a) Understandings.--The Senate's advice and consent is 
     subject to the following understandings, which shall be 
     included in the instrument of ratification, and shall be 
     binding on the President.
       (1) Prevention of double exemption.--Where under Article 7 
     (Business profits) or Article 14 (Independent Personal 
     Services) of this Convention income is relieved from tax in 
     one Contracting State and, under the law in force in the 
     other Contracting State a person is not subject to tax in 
     that other Contracting State in respect of such income, then 
     the relief to be allowed under this Convention in the first-
     mentioned Contracting State shall apply only to so much of 
     the income as is subject to tax in the other contracting 
     State. This understanding shall cease to have effect when the 
     provisions of Venezuela's Law Amending the Income Tax Law 
     (hereinafter the ``new Venezuelan tax law''), relating to the 
     implementation of a worldwide tax system in replacement of 
     Venezuela's current territorial tax system, are effective in 
     accordance with the provisions of such new Venezuelan tax 
     law.
       (2) Venezuelan branch profits tax.--The United States 
     understands that the reference to an ``additional tax'' in 
     Article 11A of the Convention includes the tax that may be 
     imposed by Venezuela (the ``Venezuelan Branch Tax'') pursuant 
     to the relevant provisions of the new Venezuelan tax law. In 
     addition, the United States understands that the limit 
     imposed under Article 11A of the Convention shall apply with 
     respect to the Venezuelan Branch Tax and that for purposes of 
     that article, the Venezuelan Branch Tax shall be imposed only 
     on an amount not in excess of the amount that is analogous to 
     the ``dividend equivalent amount'' defined in subparagraph 
     (a) of paragraph 10 of the Protocol with respect to the 
     United States.
       (b) Declarations.--The Senate's advice and consent is 
     subject to the following declarations, which shall be binding 
     on the President:
       (1) New venezuelan tax law.--Before the President may 
     notify Venezuela pursuant to Article 29 of the Constitution 
     that the United States has completed the required 
     ratification procedures, he shall certify to the Committee on 
     Foreign Relations that:
       (i) the new Venezuelan tax law has been enacted in 
     accordance with Venezuelan law;
       (ii) the Department of Treasury, in consultation with the 
     Department of State, has thoroughly examined the new 
     Venezuelan tax law; and
       (iii) the new Venezuelan tax law is fully consistent with 
     and appropriate to the obligations under the Convention.
       (2) Treaty interpretation.--The Senate affirms the 
     applicability to all treaties of the constitutionally based 
     principles of treaty interpretation set forth in Condition 
     (1) of the resolution of ratification of the INF Treaty, 
     approved by the Senate on May 27, 1988, and Condition (8) of 
     the resolution of ratification of the Document Agreed Among 
     the States Parties to the Treaty on Conventional Armed Forces 
     in Europe, approved by the Senate on May 14, 1997.
       (c) Proviso.--The resolution of ratification is subject to 
     the following proviso, which shall be binding on the 
     President:
       (1) Supremacy of constitution.--Nothing in the Convention 
     requires or authorizes legislation or other action by the 
     United States of America that is prohibited by the 
     Constitution of the United States as interpreted by the 
     United States.
                                  ____

       Treaty Doc. 106-9: Tax Convention With Slovenia (Exec. 
     Report 106-7).

  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 Convention between the United States of 
     America and the Republic of Slovenia for the Avoidance of 
     Double Taxation and the Prevention of Fiscal Evasion with 
     Respect to Taxes on Income and Capital, signed at Ljubljana 
     on June 21, 1999 (Treaty Doc. 106-9), subject to the 
     reservation of subsection (a), the understanding of 
     subsection (b), the declaration of subsection (c), and the 
     proviso of subsection (d).
       (a) Reservation.--The Senate's advice and consent is 
     subject to the following reservation, which shall be included 
     in the instrument of ratification, and shall be binding on 
     the President:
       (1) Main purposes tests.--Paragraph 10 of Article 10 
     (Dividends), paragraph 10 of Article 11 (Interest), paragraph 
     7 of article 12 (Royalties), paragraph 3 of Article 21 (Other 
     Income), and subparagraph (g) of paragraph 3 of Article 25 
     (Mutual Agreement Procedure) of the Convention shall be 
     stricken in their entirety.
       (b) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification, and shall be 
     binding on the President:
       (1) Exchange of information.--The United States understands 
     that, pursuant to Article 26 of the Convention, both the 
     competent authority of the United States and the competent 
     authority of the Republic of Slovenia have the authority to 
     obtain and provide information held by financial 
     institutions, nominees or persons acting in an agency or 
     fiduciary capacity, or respecting interests in a person.
       (c) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       (1) Treaty interpretation.--The Senate affirms the 
     applicability to all treaties of the constitutionally based 
     principles of treaty interpretation set forth in Condition 
     (1) of the resolution of ratification of the INF Treaty, 
     approved by the Senate on May 27, 1988, and Condition (8) of 
     the resolution of ratification of the Document Agreed Among 
     the States Parties to the Treaty on Conventional Armed Forces 
     in Europe, approved by the Senate on May 14, 1997.
       (d) Proviso.--The resolution of ratification is subject to 
     the following proviso, which shall be binding on the 
     President:
       (1) Supremacy of constitution.--Nothing in the Convention 
     requires or authorizes legislation or other action by the 
     United States of America that is prohibited by the 
     Constitution of the United Stats as interpreted by the United 
     States.
                                  ____

       Treaty Doc. 106-11: Tax Convention With Italy (Exec. Report 
     106-8).

  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 Convention between the Government of the 
     United States of America and the Government of the Italian 
     Republic for the Avoidance of Double Taxation with Respect to 
     Taxes on Income and the Prevention of

[[Page S13797]]

     Fraud or Fiscal Evasion, signed at Washington on August 25, 
     1999, together with a Protocol (Treaty Doc. 106-11), subject 
     to the reservation of subsection (a), the understanding of 
     subsection (b), the declaration of subsection (c), and the 
     proviso of subsection (d).
       (a) Reservation.--The Senate's advice and consent is 
     subject to the following reservation, which shall be included 
     in the instrument of ratification, and shall be binding on 
     the President:
       (1) Main purpose tests.--Paragraph 10 of Article 10 
     (Dividends), paragraph 9 of Article 11 (Interest), paragraph 
     8 of Article 12 (Royalties), and paragraph 3 of Article 22 
     (Other Income) of the Convention, and paragraph 19 of Article 
     1 of the Protocol (dealing with Article 25 (Mutual Agreement 
     Procedure) of the Convention) shall be stricken in their 
     entirety, and paragraph 20 of Article 1 of the Protocol shall 
     be renumbered as paragraph 19.
       (b) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification, and shall be 
     binding on the President:
       (1) Exchange of information.--The United States understands 
     that, pursuant to Article 26 of the Convention, both the 
     competent authority of the United States and the competent 
     authority of the Republic of Italy have the authority to 
     obtain and provide information held by financial 
     institutions, nominees or persons acting in an agency or 
     fiduciary capacity, or respecting interests in a person.
       (c) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       (1) Treaty interpretation.--The Senate affirms the 
     applicability to all treaties of the constitutionally based 
     principles of treaty interpretation set forth in Condition 
     (1) of the resolution of ratification of the INF Treaty, 
     approved by the Senate on May 27, 1988, and Condition (8) of 
     the resolution of ratification of the Document Agreed Among 
     the States Parties to the Treaty on Conventional Armed Forces 
     in Europe, approved by the Senate on May 14, 1997.
       (d) Proviso.--The resolution of ratification is subject to 
     the following proviso, which shall be binding on the 
     President:
       (1) Supremacy of constitution.--Nothing in the Convention 
     requires or authorizes legislation or other action by the 
     United States of America that is prohibited by the 
     Constitution of the United States as interpreted by the 
     United States.
                                  ____

       Treaty Doc. 106-12: Tax Convention With Denmark (Exec. 
     Report 106-9).

  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 Convention between the Government of the 
     United States of America and the Government of the Kingdom of 
     Denmark for the Avoidance of Double Taxation and the 
     Prevention of Fiscal Evasion with Respect to Taxes on Income, 
     signed at Washington on August 19, 1999, together with a 
     Protocol (Treaty Doc. 106-12), subject to the declaration of 
     subsection (a) and the proviso of subsection (b).
       (a) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       (1) Treaty interpretation.--The Senate affirms the 
     applicability to all treaties of the constitutionally based 
     principles of treaty interpretation set forth in Condition 
     (1) of the resolution of ratification of the INF Treaty, 
     approved by the Senate on May 27, 1988, and Condition (8) of 
     the resolution of ratification of the Document Agreed Among 
     the States Parties to the Treaty on Conventional Armed Forces 
     in Europe, approved by the Senate on May 14, 1997.
       (b) Proviso.--The resolution of ratification is subject to 
     the following proviso, which shall be binding on the 
     President:
       (b) Supremacy of constitution.--Nothing in the Convention 
     requires or authorizes legislation or other action by the 
     United States of America that is prohibited by the 
     Constitution of the United States as interpreted by the 
     United States.
                                  ____

       Treaty Doc. 106-13: Protocol Amending Tax Convention with 
     Germany (Exec. Report 106-10).

  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 Protocol Amending the Convention between 
     the United States of America and the Federal Republic of 
     Germany for the Avoidance of Double Taxation with Respect to 
     Taxes on Estates, Inheritances, and Gifts signed at Bonn on 
     December 3, 1980, signed at Washington on December 14, 1998 
     (Treaty Doc. 106-13), subject to the declaration of 
     subsection (a) and the proviso of subsection (b).
       (a) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       (1) Treaty interpretation.--The Senate affirms the 
     applicability to all treaties of the constitutionally based 
     principles of treaty interpretation set forth in Condition 
     (1) of the resolution of ratification of the INF Treaty, 
     approved by the Senate on May 27, 1988, and Condition (8) of 
     the resolution of ratification of the Document Agreed Among 
     the States Parties to the Treaty on Conventional Armed Forces 
     in Europe, approved by the Senate on May 14, 1997.
       (b) Proviso.--The resolution of ratification is subject to 
     the following proviso, which shall be binding on the 
     President:
       (1) Supremacy of constitution.--Nothing in the Protocol 
     requires or authorizes legislation or other action by the 
     United States of America that is prohibited by the 
     Constitution of the United States as interpreted by the 
     United States.
                                  ____

       Treaty Doc. 106-15: Amending Convention with Ireland (Exec. 
     Report 106-11)

  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 Convention Amending the Convention 
     between the Government of the United States of America and 
     the Government of Ireland for the Avoidance of Double 
     Taxation and the Prevention of Fiscal Evasion with Respect to 
     Taxes on Income and Capital Gains, signed at Dublin on July 
     28, 1997 (the Amending Convention was signed at Washington on 
     September 24, 1999) (Treaty Doc. 106-15), subject to the 
     declaration of subsection (a) and the proviso of subsection 
     (b).
       (a) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       (1) Treaty interpretation.--The Senate affirms the 
     applicability to all treaties of the constitutionally based 
     principles of treaty interpretation set forth in Condition 
     (1) of the resolution of ratification of the INF Treaty, 
     approved by the Senate on May 27, 1988, and Condition (8) of 
     the resolution of ratification of the Document Agreed Among 
     the States Parties to the Treaty on Conventional Armed Forces 
     in Europe, approved by the Senate on May 14, 1997.
       (b) Proviso.--The resolution of ratification is subject to 
     the following proviso, which shall be binding on the 
     President:
       (1) Supremacy of constitution.--Nothing in the Amending 
     Convention requires or authorizes legislation or other action 
     by the United States of America that is prohibited by the 
     Constitution of the United States as interpreted by the 
     United States.
                                  ____

       Treaty Doc. 106-5: Convention (No. 182) for Elimination of 
     the Worst Forms of Child Labor (Exec. Report 106-12).

  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 Convention (No. 182) Concerning the 
     Prohibition and Immediate Action for the Elimination of the 
     Worst Forms of Child Labor, adopted by the International 
     Labor Conference at its 87th Session in Geneva on June 17, 
     1999 (Treaty Doc. 106-5), subject to the understandings of 
     subsection (a), the declaration of subsection (b), and the 
     proviso of subsection (c).
       (a) Understandings.--The Senate's advice and consent is 
     subject to the following understandings, which shall be 
     included in the instrument of ratification:
       (1) Children working on farms.--The United States 
     understands that Article 3(d) of Convention 182 does not 
     encompass situations in which children are employed by a 
     parent or by a person standing in the place of a parent on a 
     farm owned or operated by such parent or person, nor does it 
     change, or is it intended to lead to a change in the 
     agricultural employment provisions or any other provision of 
     the Fair Labor Standards Act in the United States.
       (2) Basic education.--The United States understands that 
     the term ``basic education'' in Article 7 of Convention 182 
     means primary education plus one year: eight or nine years of 
     schooling, based on curriculum and not age.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       (1) Treaty interpretation.--The Senate affirms the 
     applicability to all treaties of the constitutionally based 
     principles of treaty interpretation set forth in Condition 
     (1) of the resolution of ratification of the INF Treaty, 
     approved by the Senate on May 27, 1988, and Condition (8) of 
     the resolution of ratification of the Document Agreed Among 
     the States Parties to the Treaty on Convention Armed Forces 
     in Europe, approved by the Senate on May 14, 1997.
       (c) Proviso.--The resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       (1) Supremacy of the constitution.--Nothing in the Treaty 
     requires or authorizes legislation or other action by the 
     United States of America that is prohibited by the 
     Constitution of the United States as interpreted by the 
     United States.
                                  ____

       Treaty Doc. 106-2: Extradition Treaty With Korea (Exec. 
     Report 106-13).

   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 Extradition Treaty between the Government 
     of

[[Page S13798]]

     the United States of America and the Government of Republic 
     of Korea, signed at Washington on June 9, 1998 (Treaty Doc. 
     106-2), subject to the understanding of subsection (a), the 
     declaration of subsection (b), and the proviso of subsection 
     (c).
       (a) Understanding.--The Senate's advice and consent is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       (1) Prohibition on extradition to the international 
     criminal court.--The United States understands that the 
     protections contained in Article 15 concerning the Rule of 
     Specialty would preclude the resurrender of any person from 
     the United States to the International Criminal Court agreed 
     to in Rome, Italy, on July 17, 1998, unless the United States 
     consents to such resurrender; and the United States shall not 
     consent to the transfer of any person extradited to the 
     Republic of Korea by the United States to the International 
     Criminal Court agreed to in Rome, Italy, on July 17, 1998, 
     unless the treaty establishing that Court 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 
     of the United States Constitution.
       (b) Declaration.--The Senate's advice and consent is 
     subject to the following declaration, which shall be binding 
     on the President:
       (1) Treaty interpretation.--The Senate affirms the 
     applicability to all treaties of the constitutionally based 
     principles of treaty interpretation set forth in Condition 
     (1) of the resolution of ratification of the INF Treaty, 
     approved by the Senate on May 27, 1988, and Condition (8) of 
     the resolution of ratification of the Document Agreed Among 
     the States Parties to the Treaty on Conventional Armed Forces 
     in Europe, approved by the Senate on May 14, 1997.
       (c) Proviso.--The resolution of ratification is subject to 
     the following proviso, which shall not be included in the 
     instrument of ratification to be signed by the President:
       (1) Supremacy of the constitution.--Nothing in the Treaty 
     requires or authorizes legislation or other action by the 
     United States of America that is prohibited by the 
     Constitution of the United States as interpreted by the 
     United States.

                          ____________________