1. Arms Control and Disarmament Act, as amended

Public Law 87-297 [H.R. 9118], 75 Stat. 631, approved September 26, 1961, as amended by Public Law 88-186 [S. 777], 77 Stat. 341, approved November 26, 1963; Public Law 88-426 [H.R. 11049], 78 Stat. 400, approved August 14, 1964; Public Law 88-448 [H.R. 7381], 78 Stat. 484, approved August 19, 1964; Public Law 89-27 [H.R. 2998], 79 Stat. 118, approved May 27, 1965; Public Law 90-314 [H.R. 14940], 82 Stat. 129, approved May 23, 1968; Public Law 91-246 [S. 3544], 84 Stat. 270, approved May 12, 1970; Public Law 92-352 [H.R. 14734], 86 Stat. 489, approved July 13, 1972; Public Law 93-332 [H.R. 12799], 88 Stat. 289, approved July 8, 1974; Public Law 94-141 [S. 1517], 89 Stat. 756, approved November 29, 1975; Public Law 95-108 [H.R. 6179], 91 Stat. 871, approved August 17, 1977; Public Law 95-338 [H.R. 11832], 92 Stat. 458, approved August 8, 1978; Public Law 96-66 [H.R. 2774], 93 Stat. 414, approved September 21, 1979; Public Law 96-465 [H.R. 6790], 94 Stat. 2071 at 2159, approved October 17, 1980; Public Law 97-339 [H.R. 3467], 96 Stat. 1635, approved October 15, 1982; Public Law 98-202 [H.R. 2906], 97 Stat. 1381, approved December 2, 1983; Public Law 99-93 [H.R. 2068], 99 Stat. 405, approved August 16, 1985; Public Law 99-550 [H.R. 3641], 100 Stat. 3067, approved October 27, 1986; and by Public Law 100-213 [H.R. 2689], 101 Stat. 1444, approved December 24, 1987

AN ACT To establish a United States Arms Control and Disarmament Agency. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I-SHORT TITLE, PURPOSE, AND DEFINITIONS

SHORT TITLE

Section 1.1 This Act may be cited as the "Arms Control and Disarmament Act”.

PURPOSE

Sec. 2.2 An ultimate goal of the United States is a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. It is the purpose of this Act to provide

122 U.S.C. 2551 note.

2 22 U.S.C. 2551.

This goal is reaffirmed in sec. 1 of the Arms Export Control Act (22 U.S.C. 2751), which adds: "In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races." That section further expresses the sense of the Congress that foreign military sales be approved "only when they are consistent with the foreign policy interests of the United States with particular regard being given, where appropriate to the impact of the sales on existing or incipient

arms races.

"

Sec. 150 of Public Law 94-141 amended the laws relating to international arms transfers to require that decisions on such transfers be made in coordination with the Director of the United States Arms Control and Disarmament Agency and take into account his opinion as to whether the proposed action will contribute to an arms race, or increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control arrangements. The changes made by sec. 150 of Public Law 94-141 were to add a subsec. (f) to sec.

Continued

impetus toward this goal by creating a new agency of peace to deal with the problem of reduction and control of armaments looking toward ultimate world disarmament.

Arms control and disarmament policy, being an important aspect of foreign policy, must be consistent with national security policy as a whole. The formulation and implementation of United States arms control and disarmament policy in a manner which will promote the national security can best be insured by a central organization charged by statute with primary responsibility for this field. This organization must have such a position within the Government that it can provide the President, the Secretary of State, other officials of the executive branch, and the Congress with recommendations concerning United States arms control and disarmament policy, and can assess the effect of these recommendations upon our foreign policies, our national security policies, and our economy.4

414 of the Mutual Security Act of 1954 (which sec. 212 of the International Security Assistance and Arms Export Control Act of 1976 subsequently repealed and incorporated as subsec. 38(a)2) of the Arms Export Control Act (22 U.S.C. 2778(a)(2))), and to amend sec. 42(a) of the Foreign Military Sales Act (now sec. 42(a) of the Arms Export Control Act (22 U.S.C. 2791(a))) and sec. 511 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2321(d)). See also Executive Order 11958 which directs in sec. 1 in subsec. (g) that the Director of the Arms Control and Disarmament Agency, within his area of responsibility, shall assist the Secretary of State in preparation of the annual presentation materials for security assistance programs required to be transmitted to Congress by sec. 25 of the Arms Export Control Act (22 U.S.C. 2765), and in subsec. (j) that with respect to matters related to subpars. (D) and (I) of sec. 36(b)(1) of that Act (22 U.S.Č. 2776(b)(1)) the Secretary of Defense shall consult with the Director of the Arms Control and Disarmament Agency, and in sec. 2 that in carrying out the functions delegated to them with respect to arms sales and exports, the Secretaries of State and Defense shall consult with the Director of this Agency on matters pertaining to his responsibilities.

The Director has charged an Assistant Director with primary responsibility for developing policy recommendations and negotiating proposals relating to the control of international transfers of arms and related technology and for assuring that the Agency's views are made known and taken into account concerning arms control factors involved in individual U.S. arms transfers and in policy decisions related to such transfers (22 CFR 601.14).

The Nuclear Non-Proliferation Act of 1978 (Public Law 95-242) amended the Atomic Energy Act of 1954, as amended, (the 1954 act) and created new requirements relating to nuclear export controls. The Arms Control and Disarmament Agency has the following responsibilities under this law:

Sec. 102 (22 U.S.C. 3222) directs the Director of the Agency "to establish and implement procedures which will ensure orderly processing of subsequent arrangements and export li

censes with minimum time delay."

Sec. 301(c) amended chapter 10 of the 1954 act by adding a new sec. 111 (42 U.S.C. 2141) in which subsec. (b) requires the Department of Energy to consult with the Agency before making certain government-to-government transfers of special nuclear material or source material.

Sec. 302 amended subsec. 57(b) of the 1954 act (42 U.S.C. 2077(b)) to require the Secretary of Energy to consult with the Agency before making a determination under that subsection that the production of special nuclear material outside of the United States is not inimical to the interest of the United States.

Sec. 303(a) amended chapter 11 of the 1954 act by adding sec. 131 (42 U.S.C. 2160) in which par. (1) of subsec. (a) requires the Secretary of Energy to consult with the Director of the Agency prior to entering into proposed subsequent arrangements under agreements for cooperation. Par. 2 of subsec. (a) provides that: "If in the Director's view a proposed subsequent arrangement might significantly contribute to proliferation, he may prepare an unclassified Nuclear Proliferation Assessment Statement regarding the adequacy of the safeguards and other control mechanisms and the application of peaceful use assurances of the relevant agreement to ensure that assistance to be furnished pursuant to the subsequent arrangement will not be used to further any military or nuclear explosive purpose." Subsec. (c) requires the Secretary of Energy to establish implementing procedures which are agreeable to the Director and which require the Director to specify if he intends to prepare a Nuclear Proliferation Assessment Statement. If the Director declares that he intends to prepare a statement, subsec. (c) and par. (1) of subsec. (a) impose restrictions on actions by the Secretary of Energy to enter into the proposed subsequent arrangement. Sec. 402(a) (42 U.S.C. 2153a(a)) provides that source or special nuclear material exported from the United States may not be enriched without prior approval under procedures identical to those for proposed subsequent arrangements under sec. 131.

Continued

This organization must have the capacity to provide the essential scientific, economic, political, military, psychological, and technological information upon which realistic arms control and disarmament policy must be based. It shall have the authority, under the direction of the President and the Secretary of State,5 to carry out the following primary functions:

(a) The conduct, support, and coordination of research for arms control and disarmament policy formulation;

(b) The preparation for and management of United States participation in international negotiations in the arms control and disarmament field;

(c) The dissemination and coordination of public information concerning arms control and disarmament; and

(d) The preparation for, operation of, or as appropriate, direction of United States participation in such control systems as may become part of United States arms control and disarmament activities.

DEFINITIONS

Sec. 3.6 As used in this Act

Sec. 304(a) amended chapter 11 of the 1954 act by adding a new sec. 126 (42 U.S.C. 2155) in which par. (1) of subsec. (a) requires the Secretary of State to consult with the Director of the Agency before notifying the Nuclear Regulatory Commission that it is the judgment of the executive branch that a proposed export license or exemption for "any production or utilization facility or any source material or special nuclear material" will not be inimical to the common defense and security.

Sec. 304(d) (42 U.S.C. 2156a) requires the Nuclear Regulatory Commission to consult with the Director of the Agency in promulgating physical security regulations for exported nuclear materials.

Sec. 309(a) amended sec. 109 of the 1954 act (42 U.S.C. 2139) to require in subsec. (a) that the Nuclear Regulatory Commission consult with the Director before determining which component parts of reactors, production facilities, or other items "are especially relevant from the standpoint of export control because of their significance for nuclear explosive purposes." Sec. 309(b) and sec. 309(c) require that implementing regulations of the Nuclear Regulatory Commission, and procedures regarding control by the Department of Commerce over export items which could be of significance for nuclear explosive purposes, shall provide for prior consultations with the Agency.

Sec. 401 amended subsec. 123(a) of the 1954 act (42 U.S.C. 2153(a)) to require, with certain exceptions, that "any proposed agreements for cooperation be negotiated by the Secretary of State in consultation with the Director of the Arms Control and Disarmament Agency". As further amended by sec. 301(a)(1) of Public Law 99-64, subsec. 123(a) of the 1954 act provides that when such agreements are submitted to the President they shall be accompanied by the views and recommendations of the Director "who shall also provide to the President an unclassified Nuclear Proliferation Assessment Statement (A) which shall analyze the consistency of the text of the proposed agreement for cooperation with all the requirements of this Act, with specific attention to whether the proposed agreement is consistent with each of the criteria set forth in this subsection, and (B) regarding the adequacy of the safeguards and other control mechanisms and the peaceful use assurances contained in the agreement for cooperation to ensure that any assistance furnished thereunder will not be used to further any military or nuclear explosive purpose."

Sec. 401 also amended subsec. 123(d) of the 1954 act (42 U.S.C. 2153(d)) to provide that the 60day period for congressional action on agreements for cooperation submitted to Congress under that subsection does not begin until the Nuclear Proliferation Assessment Statement required by subsec. 123(a) to be prepared by the Director of the Arms Control and Disarmament Agency has been submitted to Congress and added an unlettered paragraph following subsec. 123(d) relating to submission of Agency views to Congressional committees.

Sec. 602(c) directs the Agency to keep specified congressional committees currently informed on its activities to carry out the Act and otherwise prevent proliferation, and on the activities of foreign nations of significance from the proliferation standpoint.

Sec. 602(e) directs the Agency to cooperate with the Comptroller General in the conduct of a study for a report to Congress by Mar. 10, 1981 on the implementation and impact of the Act. 5 Sec. 144 o -141 struck out "It must be able" and inserted "It shall have the the President and the Secretary of State,".

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(a) The terms "arms control" and "disarmament” mean the identification, verification, inspection, limitation, control, reduction, or elimination, of armed forces and armaments of all kinds under international agreement including the necessary steps taken under such an agreement to establish an effective system of international control, or to create and strengthen international organizations for the maintenance of peace.

(b) The term "Government agency" means any executive department, commission, agency, independent establishment, corporation wholly or partly owned by the United States which is an instrumentality of the United States, or any board, bureau, division, service, office, officer, authority, administration, or other establishment in the executive branch of Government.

(c) The term "Agency" means the United States Arms Control and Disarmament Agency.

TITLE II-ORGANIZATION

UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

Sec. 21.7 There is hereby established an agency to be known as the "United States Arms Control and Disarmament Agency".

DIRECTOR

Sec. 22. The Agency shall be headed by a Director, who shall serve as the principal adviser to the Secretary of State, the National Security Council, and the President on arms control and disarmament matters. In carrying out his duties under this Act the Director shall, under the direction of the Secretary of State, have primary responsibility within the Government for arms control and disarmament matters, as defined in this Act. The Director shall attend all meetings of the National Security Council involving weapons procurement, arms sales, consideration of the defense budget, and all arms control and disarmament matters. 10 The Director shall be appointed by the President, by and with the advice and consent of the Senate. No person serving on active duty as a commissioned officer of the Armed Forces of the United States may be appointed Director. 11

DEPUTY DIRECTOR

Sec. 23.12 A Deputy Director of the Agency shall be appointed by the President, by and with the advice and consent of the Senate. The Deputy Director shall perform such duties and exercise such powers as the Director may prescribe. He shall act for, and exercise

7 22 U.S.C. 2561.

822 U.S.C. 2562.

9 Sec. 145 of Public Law 94-141 inserted ", the National Security Council," after "Secretary of State".

10 Sec. 2 of Public Law 98-202 added this sentence and substituted "The Director" in lieu of "He" in the next sentence.

11 Par. (a) of sec. 1 of Public Law 96-66 added the last sentence to this section. Sec. 305(17)A) of Public Law 88-426 repealed a sentence fixing the compensation of the Director, and sec. 303(b)13) of that Act established such compensation at level II of the Executive Schedule (5 U.S.C. 5313), the rate for which was subsequently set at $89,500 per annum. See Schedule 5 of Executive Order 12622 (53 F.R. 226).

12 22 U.S.C. 2563.

the powers of, the Director during his absence or disability or during a vacancy in said office. No person serving on active duty as a commissioned officer of the Armed Forces of the United States may be appointed Deputy Director. 13

ASSISTANT DIRECTORS

Sec. 24.14 Not to exceed four Assistant Directors may be appointed by the President, by and with the advice and consent of the Senate.15 They shall perform such duties and exercise such powers as the Director may prescribe.

BUREAUS, OFFICES, AND DIVISIONS

Sec. 25.16 The Director, under the direction of the Secretary of State, may establish within the Agency such bureaus, offices, and divisions as he may determine to be necessary to discharge his responsibilities under this Act, including, but not limited to, an Office of the General Counsel.

GENERAL ADVISORY COMMITTEE

Sec. 26.17 The President, by and with the advice and consent of the Senate, may appoint a General Advisory Committee of not to exceed fifteen members to advise the Director on arms control and disarmament policy and activities. The President shall designate one of the members as Chairman. The members of the committee may receive the compensation and reimbursement for expenses specified for consultants by section 41(d) of this Act. The Committee shall meet at least twice each year. It shall from time to time advise the President, the Secretary of State, and the Disarmament Director respecting matters affecting arms control, disarmament, and world peace.18

13 Par. (b) of sec. 1 of Public Law 96-66 added the last sentence to this section. Sec. 305(17)(B) of Public Law 88-426 repealed a sentence fixing the compensation of the Deputy Director, and sec. 303(d)(35) of that Act established such compensation at level IV of the Executive Schedule. Sec. 704(a) (1) and (2)(A) of Public Law 99-93 amended 5 U.S.C. 5314 and 5315 by increasing the compensation level of the Deputy Director from level IV of the Executive Schedule to level III, the rate for which was subsequently set at $82,500 per annum. See Schedule 5 of Executive Order 12622 (53 F.R. 226).

14 22 U.S.C. 2564.

15 Sec. 305(17)XC) of Public Law 88-426 repealed a sentence fixing the compensation of Assistant Directors, and sec. 303(e)(75) of that Act established such compensation at level V of the Executive Schedule. Compensation of the General Counsel was established at level V of the Executive Schedule by sec. 303(eX85) of that Act. Sec. 704(a)(2)(B) and sec. 704(a)(3) of Public Law 99-93 amended 5 U.S.C. 5315 and 5316 by increasing the compensation level for Assistant Directors from level V of the Executive Schedule to level IV, the rate for which was subsequently set at $77,500 per annum. See Schedule 5 of Executive Order 12622 (53 F.R. 226). The position of General Counsel has been designated as a general position in the Senior Executive Service (45 F.R. 3849).

16 22 U.S.C. 2565.

17 22 U.S.C. 2566.

18 Sec. 14(a)(1) of the Federal Advisory Committee Act (5 U.S.C. Appendix I) provides that each advisory committee established by the President which was in existence on Jan. 5, 1973, would terminate not later than midnight Jan. 5, 1975, unless renewed by the President prior to that time. Notice of renewal of the General Advisory Committee effective Jan. 5, 1975, was published in 40 F.R. 4183. Subsequent notices of renewal of the Committee effective Jan. 5, were published in 42 F.R. 1096 (1977), 44 F.R. 2054 (1979), 46 F.R. 6031 (1981), 48 F.R. 1333 (1983), and 50 F.R. 1903 (1985). A further notice of renewal of the Committee effective Jan. 5, 1987, was published in 52 F.R. 7465. Pursuant to sec. 14(c) of the Federal Advisory Committee Act, such renewal continues only to Jan. 5, 1989, unless renewed for a successive 2-year period at that