On the recordDecember 21, 2010
the amendment offered by Senator Wicker is an amendment that is looking for an issue. There is no issue that is joined here with respect to the bilateral commission or what it might do with respect to the creation of rights. But if this amendment were to pass, there would be an issue, not only an issue with respect to Russian participation but actually an issue that could be harmful to the United States. This is a little bit technical and it is a tricky thing to follow in some ways, but let me lay this out. Under the START treaty, the prior treaty under which we have lived since 1992, and now under the proposed New START treaty, the consultative commission that we create in the treaty will get together in order to work out the problems that may or may not arise and is allowed to agree upon 'such additional measures as may be necessary to improve the viability and the effectiveness of the treaty.' If those additional measures they might approve at some point in time are changes to the protocol or to its annexes and if the changes don't affect substantive rights or obligations under the treaty, then it is entirely allowable for those changes to be adopted without referring them back to the Senate for any advice or ratification.
