On the recordDecember 21, 2010
It seems to me we have a very simple way to address those concerns. Let me reiterate to my colleagues the quote of Mr. Hadley: The Bilateral Consultative Commission seems to have been given authority to adopt without Senate review measures to improve the viability and effectiveness of the Treaty which could include restrictions on missile defense. I would also agree with my colleague from Maryland that, indeed, the BCC has the authority to negotiate amendments to the treaty. The simple step beyond that I am trying to do with my amendment is to make it clear, using the terms supplied to us by the State Department that say: The BCC cannot make changes that affect the substantive rights or obligations of the United States. I am trying to make that part of the resolution of ratification, and that is all it does. It says if the BCC adopts provisions that affect substantive rights or obligations under the treaty that create new rights or obligations, that those changes must come back to the Senate.
