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Senate Proceeding on Dec 21st, 2010 :: 9:16:00 to 9:23:35
Total video length: 13 hours 34 minutes Stream Tools: Stream Overview | Edit Time

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Roger F. Wicker

9:16:00 to 9:16:21( Edit History Discussion )

Roger F. Wicker: divided -- no, hold it. okay. mr. president, we'll hold off on the unanimous consent agreement, but senator wicker, i believe, will start the debate on his amendment. thank you. the presiding officer: the senator from mississippi is recognized. mr. wicker: i ask consent to

Roger F. Wicker

9:16:00 to 9:23:35( Edit History Discussion )
Speech By: Roger F. Wicker

Roger F. Wicker

9:16:22 to 9:16:42( Edit History Discussion )

Roger F. Wicker: call up amendment number 4895 by wicker a the presiding officer: is there objection? without objection, so ordered. the clerk will report. the clerk: the senator from mississippi, mr. wicker, proposes amendment numbered 4895. mr. wicker: i ask unanimous consent that the amendment be considered as read. the presiding officer: without objection. mr. wicker: and thank you,

Roger F. Wicker

9:16:43 to 9:17:04( Edit History Discussion )

Roger F. Wicker: mr. president. i rise this evening to offer another amendment to the resolution of ratification. this amendment rises out of concerns over the bilateral consultive commission known as the b.c. the b.c. has been referred to numerous times in debate today.

Roger F. Wicker

9:17:05 to 9:17:27( Edit History Discussion )

Roger F. Wicker: article 12 of the treaty establishes the b.c. as a forum for the parties to resolve issues concerning implementation of the treaty. part six of the protocol says the b.c. has the authority to resolve questions relating to compliance, agree to additional measures to improve the

Roger F. Wicker

9:17:28 to 9:17:49( Edit History Discussion )

Roger F. Wicker: viability and effectiveness of the treaty and discuss other issues raised by either party. this clearly is very broad authority given to the b.c. in effect, the subject matter jurisdiction of the b.c. seems

Roger F. Wicker

9:17:50 to 9:18:11( Edit History Discussion )

Roger F. Wicker: limitless, based on the clear language of article 12. now, former national security advisor under president george w. bush, stephen hadley, appeared before the senate foreign relations committee and expressed concerns over this

Roger F. Wicker

9:18:12 to 9:18:32( Edit History Discussion )

Roger F. Wicker: treaty, and he stated with regard to the bilateral consultive commission -- quote -- "the bilateral consultive commission seems to have been given authority to adopt without senate review measures that -- measures to improve the viability and effectiveness of the treaty, which could include

Roger F. Wicker

9:18:33 to 9:18:54( Edit History Discussion )

Roger F. Wicker: restrictions on missile defense." unquote. it is that element of senate review that this amendment will inject back into the process. mr. president, others have voiced concern that the mandate of the b.c. is overly broad. this should trouble senators,

Roger F. Wicker

9:18:55 to 9:19:15( Edit History Discussion )

Roger F. Wicker: and it's why i offer this amendment to place proper limits on the power of the b.c. now, i hold in my hand a fact sheet written by the department of state bureau of verification, compliance and implementation,

Roger F. Wicker

9:19:16 to 9:19:36( Edit History Discussion )

Roger F. Wicker: dated august 11, 2010, and i ask that this fact sheet consisting of two pages be admitted into the record at this point. the presiding officer: without objection. mr. wicker: the fact sheet mentions on more than one occasion that change is -- that changes adopted by the b.c.

Roger F. Wicker

9:19:37 to 9:20:00( Edit History Discussion )

Roger F. Wicker: cannot affect substantive rights or obligations. it says under background, the new start treaty authorizes the parties to use the bilateral consultive commission, b.c., to reach agreement on changes in the protocol of the treaty, including its annexes, that do not affect substantive rights or obligations. further down, under authority of

Roger F. Wicker

9:20:01 to 9:20:21( Edit History Discussion )

Roger F. Wicker: the b.c., the state department fact sheet says in addition to making technical changes to the protocol, including its annexes, that do not affect substantive rights or obligations, the b. b.c. may -- and then it lists six bullets. first, resolve questions relating to compliance with the obligations assumed by the

Roger F. Wicker

9:20:22 to 9:20:42( Edit History Discussion )

Roger F. Wicker: parties. secondly, agree upon constitutional measures as -- substitutional measures as may be necessary to approve the necessity of the treaty. next, discuss features of the mills and their launchers, other than icbms and icbm launchers or slbms and slbm launchers,

Roger F. Wicker

9:20:43 to 9:21:03( Edit History Discussion )

Roger F. Wicker: referred to in paragraph 3 of article 5 of the treaty that distinguished such missiles and their launchers from icbm and icbm launchers or slbms and slbm launchers. next, discuss on an annual basis the exchange of telemetric information under the treaty. fifth, resolve questions related to the applicability of

Roger F. Wicker

9:21:04 to 9:21:26( Edit History Discussion )

Roger F. Wicker: provisions of the treaty to a new kind of strategic offensive arm. and finally, discuss other issues raised by either party. but the changes may not affect substantive rights or obligations of the parties.

Roger F. Wicker

9:21:27 to 9:21:47( Edit History Discussion )

Roger F. Wicker: rules governing the work of the b.c. the b.c. is required to meet at least twice a year in geneva unless the parties agree otherwise. the work of the b.c. is confidential except that the parties agree in the b.c. to release details of the work and b.c. agreements reached as a result of its work recorded in

Roger F. Wicker

9:21:48 to 9:22:10( Edit History Discussion )

Roger F. Wicker: writing are not confidential. if the b.c. agrees to amends in the treaty -- to amendments in the treaty -- the b.c. can agree to amendments in the treaty, but they must be submitted back to the united states senate for advice and consent.

Roger F. Wicker

9:22:11 to 9:22:31( Edit History Discussion )

Roger F. Wicker: a very powerful provision, no doubt, and it's reassuring to have this fact sheet saying that substantive changes cannot be made by the b.c. it would be more reassuring if

Roger F. Wicker

9:22:32 to 9:22:52( Edit History Discussion )

Roger F. Wicker: we put this in writing, and that is what the wicker and kyl amendment 4895 does. it -- it is very simple and it uses the state department language, mr. president, stating

Roger F. Wicker

9:22:53 to 9:23:13( Edit History Discussion )

Roger F. Wicker: that provisions adopted by the b.c. that affect substantive rights -- and those are the very words used by the state department in the fact sheet -- are those that create new rights or obligations for the united states and must therefore be submitted to the senate for its

Roger F. Wicker

9:23:14 to 9:23:39( Edit History Discussion )

Roger F. Wicker: advice and consent. the bottom line is this: if it is determined that a substantive change has been made by a decision of the b.c., then that change should be subject to the advice and consent of the senate. i urge a yes vote to this very simple but straightforward

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