Calendar No. 273

103D CONGRESS

1ST SESSION S. 1182

[Report No. 103–172]

A BILL

To amend the Arms Control and Disarmament Act

N

oversight of the activities of the Agency.mament Agency and to improve congressionalto strengthen the Arms Control and DisarOVEMBER 5 (legislative day, NOVEMBER 2), 1993

Reported with an amendment
II

Calendar No. 273

103D CONGRESS

1ST SESSION S. 1182

[Report No. 103–172]

To amend the Arms Control and Disarmament Act to strengthen the Arms

Control and Disarmament Agency and to improve congressional oversight

of the activities of the Agency.

IN THE SENATE OF THE UNITED STATES

JUNE 30, 1993

Mr. PELL (for himself and Mr. SIMON) introduced the following bill; which

was read twice and referred to the Committee on Foreign Relations

NOVEMBER 5 (legislative day, NOVEMBER 2), 1993

Reported by Mr. PELL, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend the Arms Control and Disarmament Act to

strengthen the Arms Control and Disarmament Agency

and to improve congressional oversight of the activities

of the Agency.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF

2 CONTENTS.

3 (a) SHORT TITLE.—This Act may be cited as the

4 ‘‘Arms Control and Nonproliferation Act of 1993’’.

5 (b) REFERENCES IN ACT.—Except as specifically

6 provided in this Act, whenever in this Act an amendment

7 or repeal is expressed as an amendment to or repeal of

8 a provision, the reference shall be deemed to be made to

9 the Arms Control and Disarmament Act.

10 (c) TABLE OF CONTENTS.—The table of contents for

11 this Act is as follows:

Sec. 1. Short title; references in Act; table of contents.

Sec. 2. Congressional declarations; purpose.

Sec. 3. Purposes.

Sec. 4. Definitions.

Sec. 5. Repeals.

Sec. 6. Director.

Sec. 7. Bureaus, offices, and divisions.

Sec. 8. Presidential special representatives.

Sec. 9. Policy formulation.

Sec. 10. Negotiation management.

Sec. 11. Report on measures to coordinate research and development.

Sec. 12. Negotiating records.

Sec. 13. Verification of compliance.

Sec. 14. Role of ACDA with respect to dual-use exports.

Sec. 15. Authorities with respect to nonproliferation matters.

Sec. 16. Appointment and compensation of personnel.

Sec. 17. Security requirements.

Sec. 18. Annual report to Congress; authorization of appropriations.

12 SEC. 2. CONGRESSIONAL DECLARATIONS; PURPOSE.

13 (a) CONGRESSIONAL DECLARATIONS.—The Congress

14 declares that—

15 (1) a fundamental goal of the United States,

16 particularly in the wake of the highly turbulent and

17 uncertain international situation fostered by the end
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1 of the Cold War, the disintegration of the Soviet

2 Union and the resulting emergence of fifteen new

3 independent states, and the revolutionary changes in

4 the Eastern Europe, is to reduce and control the

5 large numbers of nuclear and chemical weapons in

6 the former Soviet Union and, more generally, to pre7 vent the proliferation of weapons of mass destruction

8 and of high-technology conventional armaments as

9 well as to prevent regional conflicts and conventional

10 arms races; and

11 (2) an ultimate goal of the United States con12 tinues to be a world in which the use of force is sub13 ordinated to the rule of law and international change

14 is achieved peacefully without the danger and bur15 den of destabilizing and costly armaments.

16 (b) PURPOSE.—The purpose of this Act is—

17 (1) to strengthen the United States Arms Con18 trol and Disarmament Agency; and

19 (2) to improve congressional oversight of the

20 arms control, nonproliferation, and disarmament ac21 tivities of the United States Arms Control and Dis22 armament Agency.

23 SEC. 3. PURPOSES.

24 Section 2 (22 U.S.C. 2551) is amended in the text

25 following the third undesignated paragraph by striking
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1 paragraphs (a), (b), (c), and (d) and by inserting the fol2 lowing new paragraphs:

3 ‘‘(1) The formulation, conduct, support, and co4 ordination of United States arms control policy, ne5 gotiations, and implementation fora.

6 ‘‘(2) The formulation, conduct, support, and co7 ordination of United States nonproliferation policy,

8 negotiations, and implementation fora.

9 ‘‘(3) The conduct, support, and coordination of

10 research for arms control and nonproliferation pol11 icy.

12 ‘‘(4) The preparation for, operation of, support

13 for, and direction of the United States support for

14 or participation in such verification or control sys15 tems as may be required by arms control or non16 proliferation agreements or such verification or con17 trol systems that may otherwise become part of

18 United States arms control or nonproliferation ac19 tivities.

20 ‘‘(5) The dissemination and coordination of

21 public information concerning arms control and non22 proliferation.’’.

23 SEC. 4. DEFINITIONS.

24 Section 3 (22 U.S.C. 2552) is amended to read as

25 follows:
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1 ‘‘DEFINITIONS

2 ‘‘SEC. 3. As used in this Act—

3 ‘‘(1) the term ‘Agency’ means the United States

4 Arms Control and Disarmament Agency;

5 ‘‘(2) the term ‘agreement’ means any bilateral

6 or multilateral legally-binding international agree7 ment, political agreement or understanding, or coop8 erative security arrangement, such as a confidence9 and security-building measure;

10 ‘‘(3) the term ‘arms control’ means the limita11 tion, reduction, elimination, or verification (including

12 on-site inspection) of armed forces or armaments of

13 all types by agreement and includes all matters re14 lating to disarmament;

15 ‘‘(4) the term ‘Government agency’ means any

16 executive department, commission, agency, independ17 ent establishment, corporation wholly or partly

18 owned by the United States which is an instrumen19 tality of the United States, or any board, bureau, di20 vision, service, office, officer, authority, administra21 tion, or other establishment in the executive branch

22 of Government; and

23 ‘‘(5) the term ‘nonproliferation’ means any

24 agreement, program, policy, or action to prevent, im25 pede, limit, or discourage nations or subnational
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1 groups from acquiring, developing, testing, produc2 ing, or exporting weapons of mass destruction and

3 their delivery systems, or advanced conventional

4 weapons or advanced military capabilities, as well as

5 any agreement, program, policy, or action to induce

6 nations or subnational groups not to retain such

7 weapons, capabilities, or delivery systems.’’.

8 SEC. 5. REPEALS.

9 The following provisions of law are hereby repealed:

10 (1) Section 26 (22 U.S.C. 2566), relating to the

11 General Advisory Committee.

12 (2) Section 36 (22 U.S.C. 2578), relating to

13 arms control impact information and analysis.

14 (3) Section 38 (22 U.S.C. 2578), relating to re15 ports on Standing Consultative Commission activi16 ties.

17 (4) Section 52 (22 U.S.C. 2592), relating to re18 ports on adherence to and compliance with agree19 ments.

20 (5) Section 906 of the National Defense Au21 thorization Act, Fiscal Year 1989 (22 U.S.C.

22 2592b), relating to an annual report on arms control

23 strategy.

24 (6) Section 1002 of the Department of Defense

25 Authorization Act, 1986 (22 U.S.C. 2592a), relating
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1 to an annual report on Soviet compliance with arms

2 control commitments.

3 SEC. 6. DIRECTOR.

4 Section 22 (22 U.S.C. 2562) is amended to read as

5 follows:

6 ‘‘DIRECTOR

7 ‘‘Sec. 22. (a) APPOINTMENT.—The Agency shall be

8 headed by a Director appointed by the President, by and

9 with the advice and consent of the Senate. No person serv10 ing on active duty as a commissioned officer of the Armed

11 Forces of the United States may be appointed Director.

12 ‘‘(b) DUTIES.—(1) The Director shall serve as the

13 principal adviser to the President and other executive

14 branch Government officials on matters relating to arms

15 control and nonproliferation. In carrying out his duties

16 under this Act, the Director shall have primary respon17 sibility within the Government for matters relating to

18 arms control and nonproliferation.

19 ‘‘(2) The Director shall attend all meetings of the Na20 tional Security Council involving weapons procurement,

21 arms sales, consideration of the defense budget, and all

22 arms control and nonproliferation matters.

23 ‘‘(3) The Director shall carry out his duties under

24 the direction of the President and subject to the foreign

25 policy guidance of the Secretary of State.’’.
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1 SEC. 7. BUREAUS, OFFICES, AND DIVISIONS.

2 Section 25 (22 U.S.C. 2565) is amended to read as

3 follows:

4 ‘‘SEC. 25. BUREAUS, OFFICES, AND DIVISIONS.

5 ‘‘The Director may establish within the Agency such

6 bureaus, offices, and divisions as he may determine to be

7 necessary to discharge his responsibilities pursuant to this

8 Act, including a bureau of intelligence and information

9 support and an office to perform legal services for the

10 Agency.’’.

11 SEC. 8. PRESIDENTIAL SPECIAL REPRESENTATIVES.

12 (a) Sections 27 and 28 (22 U.S.C. 2567, 2568) are

13 redesignated as sections 26 and 27, respectively.

14 (b) Section 26 (as redesignated by subsection (a)) is

15 amended to read as follows:

16 ‘‘PRESIDENTIAL SPECIAL REPRESENTATIVES

17 ‘‘SEC. 26. The President may appoint, by and with

18 the advice and consent of the Senate, Special Representa19 tives of the President for Arms Control and Nonprolifera20 tion. Each Presidential Special Representative shall hold

21 the personal rank of ambassador. Presidential Special

22 Representatives shall perform their duties and exercise

23 their powers under direction of the President, acting

24 through the Director. The Agency shall be the Govern25 ment agency responsible for providing administrative sup-
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1 port, including funding, staff, and office space, to all Pres2 idential Special Representatives.’’.

3 SEC. 9. POLICY FORMULATION.

4 Section 33 (22 U.S.C. 2573) is amended to read as

5 follows:

6 ‘‘POLICY FORMULATION

7 ‘‘SEC. 33. (a) FORMULATION.—The Director shall

8 prepare for the President, and the heads of such other

9 Government agencies as the President may determine, rec10 ommendations and guidance concerning United States

11 arms control and nonproliferation policy.

12 ‘‘(b) PROHIBITION.—No action shall be taken pursu13 ant to this or any other Act that would obligate the United

14 States to reduce or limit the Armed Forces or armaments

15 of the United States in a militarily significant manner,

16 except pursuant to the treaty-making power of the Presi17 dent set forth in Article II, Section 2, Clause 2 of the

18 Constitution or unless authorized by the enactment of fur19 ther affirmative legislation by the Congress of the United

20 States.’’.

21 SEC. 10. NEGOTIATION MANAGEMENT.

22 Section 34 (22 U.S.C. 2574) is amended to read as

23 follows:

24 ‘‘NEGOTIATION MANAGEMENT

25 ‘‘SEC. 34. The Director, under the direction of the

26 President, shall have primary responsibility for the prepa-
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1 ration, conduct, and management of United States partici2 pation in all international negotiations and implementa3 tion fora in the fields of arms control and nonproliferation.

4 In furtherance of this responsibility—

5 ‘‘(1) the Director shall have primary respon6 sibility for the preparation, formulation, support, co7 ordination, and transmission of instructions and

8 guidance for all such negotiations and fora, and

9 shall manage interagency groups established within

10 the executive branch of Government to support such

11 negotiations and fora;

12 ‘‘(2) all United States Government representa13 tives, whether or not Special Representatives under

14 section 26, who are conducting negotiations or act15 ing pursuant to agreements in the fields of arms

16 control or nonproliferation shall perform their duties

17 and exercise their powers, under the direction of the

18 President, acting through the Director; and

19 ‘‘(3) Special Representatives of the President

20 for Nonproliferation, established pursuant to section

21 26, shall, acting under the direction of the President

22 and through the Director, serve as the United States

23 Government representatives to international organi24 zations relating to the field of nonproliferation, in25 cluding the International Atomic Energy Agency, the
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1 Missile Technology Control Regime, the Nuclear

2 Suppliers Group, and the Australia Group with re3 spect to chemical weapons, as well as perform other

4 duties and exercise other powers as the President or

5 Director may prescribe.’’.

6 SEC. 11. REPORT ON MEASURES TO COORDINATE RE7 SEARCH AND DEVELOPMENT.

8 Not later than March 31, 1994, the President shall

9 submit to the Congress a report prepared by the Director

10 of the United States Arms Control and Disarmament

11 Agency, in coordination with the Secretary of State, the

12 Secretary of Defense, the Secretary of Energy, the Chair13 man of the Joint Chiefs of Staff, and the Director of

14 Central Intelligence with respect to the procedures estab15 lished pursuant to section 35 of the Arms Control and

16 Disarmament Act (22 U.S.C. 2575) for the effective co17 ordination of research and development on arms control

18 and disarmament among all departments and agencies of

19 the executive branch of Government.

20 SEC. 12. NEGOTIATING RECORDS.

21 (a) IN GENERAL.—The Arms Control and Disar22 mament Act is amended by inserting after section 35 the

23 following:

24 ‘‘NEGOTIATING RECORDS

25 ‘‘SEC. 36. (a) PREPARATION OF RECORDS.—The Di26 rector shall establish a permanent unit within the Agency
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1 that shall be responsible for organizing and maintaining

2 a negotiating and implementation record for each arms

3 control or nonproliferation agreement to which the United

4 States is a participating state and which was under nego5 tiation or in force on or after January 1, 1990.

6 ‘‘(b) CONTENTS OF RECORDS.—Each such negotiat7 ing and implementation record shall be comprehensive and

8 detailed, and shall include classified and unclassified mate9 rials such as instructions and guidance, position papers,

10 reporting cables and memoranda of conversation, working

11 papers, draft texts of the agreement, diplomatic notes,

12 notes verbal, and other internal and external correspond13 ence. Such records shall be maintained both in hard copy

14 and magnetic media. In order to implement effectively this

15 section, the Director shall ensure that Agency personnel

16 participate throughout the negotiation and implementa17 tion phases of all arms control and nonproliferation agree18 ments.’’.

19 (b) REPORT REQUIRED.—Not later than January 31,

20 1994, the Director of the United States Arms Control and

21 Disarmament Agency shall submit to the Speaker of the

22 House of Representatives and to the chairman of the

23 Committee on Foreign Relations of the Senate a detailed

24 report describing the actions he has undertaken to imple-
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1 ment section 36 of the Arms Control and Disarmament

2 Act.

3 SEC. 13. VERIFICATION OF COMPLIANCE.

4 Section 37 (22 U.S.C. 2577) is amended to read as

5 follows:

6 ‘‘VERIFICATION OF COMPLIANCE

7 ‘‘SEC. 37. (a) IN GENERAL.—In order to ensure that

8 arms control and nonproliferation agreements can be ade9 quately verified, the Director shall report to Congress, on

10 a timely basis, or upon request by an appropriate commit11 tee of the Congress—

12 ‘‘(1) in the case of any arms control or non13 proliferation agreement or treaty that has been con14 cluded by the United States, the determination of

15 the Director as to the degree to which the compo16 nents of such agreement or treaty can be verified;

17 ‘‘(2) in the case of any arms control or non18 proliferation agreement or treaty that has entered

19 into force, any significant degradation or alteration

20 in the capacity of the United States to verify compli21 ance of the components of such agreement or treaty;

22 and

23 ‘‘(3) the amount and percentage of research

24 funds expended by the Agency for the purpose of

25 analyzing issues relating to arms control and non26 proliferation verification.
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1 ‘‘(b) STANDARD FOR VERIFICATION OF COMPLI2 ANCE.—In making determinations under paragraphs (1)

3 and (2) of subsection (a), the Director shall assume all

4 measures of concealment not expressly prohibited could be

5 employed and that standard practices could be altered so

6 as to impede verification.

7 ‘‘(c) RULE OF CONSTRUCTION.—Except as otherwise

8 provided for by law, nothing in this section may be con9 strued as requiring the disclosure of sensitive information

10 relating to intelligence sources or methods or persons em11 ployed in the verification of compliance with arms control

12 or nonproliferation agreements.

13 ‘‘(d) PARTICIPATION OF THE DIRECTOR.—In order

14 to ensure adherence of the United States to obligations

15 or commitments undertaken in arms control and non16 proliferation agreements, and in order for the Director to

17 make the assessment required by section 51(a)(6), the Di18 rector shall participate in all interagency groups or organi19 zations within the executive branch of Government that

20 assess, analyze, or review United States planned or ongo21 ing policies, programs, or actions that affect or could af22 fect United States adherence to obligations undertaken in

23 arms control or nonproliferation agreements.’’.
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1 SEC. 14. ROLE OF ACDA WITH RESPECT TO DUAL-USE EX2 PORTS.

3 Title III of the Arms Control and Disarmament Act

4 is amended—

5 (1) by redesignating section 39 as section 38;

6 and

7 (2) by adding at the end the following new sec8 tion:

9 ‘‘ROLE OF ACDA WITH RESPECT TO DUAL-USE EXPORTS

10 ‘‘SEC. 39. (a) EXPORT CONTROLS ON NATIONAL SE11 CURITY GROUNDS.—The Director, the Secretary of De12 fense, and the heads of the other appropriate departments

13 and agencies shall identify goods and technologies for in14 clusion on the national security control list established

15 pursuant to section 5(c)(1) of the Export Administration

16 Act of 1979 (50 U.S.C. App. 2404(c)(1)). No item shall

17 be added to, or removed from, such list without the con18 currence of the Director, the Secretary of Defense, and

19 the Secretary of Commerce. If the Director, the Secretary

20 of Defense, and the Secretary of Commerce are unable to

21 concur, the matter shall be referred to the President for

22 resolution.

23 ‘‘(b) REVIEW.—The Director shall have the right to

24 review any export license application relating to section

25 5 of such Act if the Director requests such review. No

26 application that the Director has requested to review shall
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1 be granted or denied without the concurrence of the Direc2 tor. If concurrence is unable to be reached, the matter

3 shall be referred to the President for resolution.

4 ‘‘(c) INTERNATIONAL NEGOTIATIONS.—The Direc5 tor, in consultation with the Secretary of State, the Sec6 retary of Defense, the Secretary of Commerce, and the

7 heads of other appropriate departments and agencies shall

8 be responsible for conducting negotiations with other

9 countries regarding their cooperation in restricting the ex10 port of goods and technology, including negotiations with

11 respect to which goods and technology should be subject

12 to mutually agreed export restrictions and what conditions

13 should apply for exceptions from those restrictions.

14 ‘‘(d) EXPORT CONTROLS ON FOREIGN POLICY

15 GROUNDS.—The Director, the Secretary of State, and the

16 Secretary of Commerce shall identify goods and tech17 nologies for inclusion on the foreign policy control list es18 tablished pursuant to section 6 of such Act (50 U.S.C.

19 App. 2403(b)). No item shall be added to, or removed

20 from, such list without the concurrence of the Director,

21 Secretary of State, and the Secretary of Commerce. If the

22 Director, Secretary of State, and the Secretary of Com23 merce are unable to concur, the matter shall be referred

24 to the President for resolution.
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1 ‘‘(e) REVIEW.—The Director shall have the right to

2 review any export license application relating to section

3 6 of such Act that the Director requests to review. No

4 application that the Director has requested to review shall

5 be granted or denied without the concurrence of the Direc6 tor. If concurrence is unable to be reached, the matter

7 shall be referred to the President for resolution.

8 ‘‘(f) INFORMATION FROM THE DEPARTMENT OF

9 COMMERCE.—The Secretary of Commerce shall furnish to

10 the Agency all information with respect to the foreign

11 availability of any goods or technology subject to export

12 controls pursuant to such Act. Such transfer of informa13 tion shall be accomplished in a timely manner by electronic

14 means at the expense of the Agency.

15 ‘‘(g) PROHIBITION ON DELEGATION OR TRANSFER

16 OF POWERS.—The President may not delegate or transfer

17 his power, authority, or discretion to overrule or modify

18 any recommendation or decision made by the Secretary

19 of Commerce, the Director, the Secretary of Defense, or

20 the Secretary of State pursuant to the provisions of such

21 Act.

22 ‘‘(h) SUPERSEDING EXISTING LAW.—The provisions

23 of this subsection supersede the provisions of the Export

24 Administration Act of 1979, and any regulation, rule, or
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1 order issued thereunder, to the extent that those provi2 sions are inconsistent.’’.

3 SEC. 15. AUTHORITIES WITH RESPECT TO NONPROLIFERA4 TION MATTERS.

5 (a) AMENDMENTS TO THE ARMS EXPORT CONTROL

6 ACT.—(1) Section 38(a)(2) of the Arms Export Control

7 Act (22 U.S.C. 2778(a)(2)) is amended to read as follows:

8 ‘‘(2) Decisions on issuing export licenses under this

9 section shall be made only with the concurrence of the Di10 rector of the United States Arms Control and Disar11 mament Agency, taking into account the Director’s assess12 ment as to whether the export of an article would contrib13 ute to an arms race, support international terrorism, in14 crease the possibility of outbreak or escalation of conflict,

15 or prejudice the development of bilateral or multilateral

16 arms control or nonproliferation agreements or other ar17 rangements.’’.

18 (2) Section 42(a) of such Act (22 U.S.C. 2791(a))

19 is amended—

20 (A) by redesignating clauses (1), (2), and (3) as

21 clauses (A), (B), and (C), respectively;

22 (B) by inserting ‘‘(1)’’ immediately after ‘‘(a)’’;

23 and

24 (C) by amending clause (C) to read as follows:
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1 ‘‘(C) the assessment of the Director of the

2 United States Arms Control and Disarmament

3 Agency as to whether, and the extent to which, such

4 sale might contribute to an arms race, support inter5 national terrorism, increase the possibility of out6 break or escalation of conflict, or prejudice the de7 velopment of bilateral or multilateral arms control or

8 nonproliferation agreements or other arrange9 ments;’’; and

10 (D) by adding at the end the following:

11 ‘‘(2) Any proposed sale made pursuant to this Act

12 shall be approved only with the concurrence of the Direc13 tor of the United States Arms Control and Disarmament

14 Agency.’’.

15 (3) Section 71(a) of such Act (22 U.S.C. 2797(a))

16 is amended by inserting ‘‘and the Director of the Arms

17 Control and Disarmament Agency jointly’’ after ‘‘The Sec18 retary of State’’.

19 (4) Section 71(b)(1) of such Act (22 U.S.C.

20 2797(b)(1)) is amended by striking ‘‘A determination of

21 the Secretary of State’’ and inserting ‘‘A joint determina22 tion of the Secretary of State and the Director of the Unit23 ed States Arms Control and Disarmament Agency’’.

24 (5) Section 71(b)(2) of such Act (22 U.S.C.

25 2797(b)(2)) is amended by inserting ‘‘and the Director of
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1 the United States Arms Control and Disarmament Agen2 cy’’ after ‘‘The Secretary of State’’.

3 (6) Section 71(c) of such Act (22 U.S.C. 2797(c))

4 is amended by striking ‘‘The Secretary of State shall’’ and

5 inserting ‘‘The Secretary of State and the Director of the

6 Arms Control and Disarmament Agency shall jointly’’.

7 (7) Section 73(d) of such Act (22 U.S.C. 2797(d))

8 is amended by inserting ‘‘and the Director of the United

9 States Arms Control and Disarmament Agency’’ after

10 ‘‘The Secretary of State’’.

11 (b) AMENDMENTS TO THE ATOMIC ENERGY ACT.—

12 (1) Section 51 of the Atomic Energy Act of 1954 (42

13 U.S.C. 2071) is amended by adding at the end thereof

14 the following new sentence: ‘‘For purposes of this section,

15 any determination that other material is special nuclear

16 material shall be made only with the concurrence of the

17 Director of the Arms Control and Disarmament Agency.’’.

18 (2) Section 57 b. of such Act (42 U.S.C. 2077(b))

19 is amended by striking ‘‘and after consultation with the

20 Arms Control and Disarmament Agency,’’ and inserting

21 ‘‘and the Director of the United States Arms Control and

22 Disarmament Agency and after consultation with’’.

23 (3) Section 109 a. of such Act (42 U.S.C. 2139(a))

24 is amended by inserting ‘‘with the concurrence of the Di-
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1 rector of the Arms Control and Disarmament Agency,’’

2 after ‘‘if the Commission’’.

3 (4) Section 109 b. of such Act (42 U.S.C. 2139(b))

4 is amended in the first sentence by inserting ‘‘, with the

5 concurrence of the Director of the United States Arms

6 Control and Disarmament Agency’’ after ‘‘Commission’’.

7 (5) Section 111 b.(1) of such Act (42 U.S.C.

8 2141(b)(1)) is amended by striking ‘‘and has consulted

9 with the Arms Control and Disarmament Agency, the Nu10 clear Regulatory Commission,’’ and inserting ‘‘and the Di11 rector of the United States Arms Control and Disar12 mament Agency and has consulted with the Nuclear Regu13 latory Commission’’.

14 (6) Section 123 a. of such Act (42 U.S.C. 2153(a))

15 is amended in the undesignated paragraph following para16 graph (9)—

17 (A) in the second sentence, by striking out ‘‘ne18 gotiated by the Secretary of State’’ and inserting

19 ‘‘negotiated by the Director of the United States

20 Arms Control and Disarmament Agency’’;

21 (B) in the second sentence, by striking out

22 ‘‘shall be submitted to the President jointly by the

23 Secretary of State and the Secretary of Energy ac24 companied by the views and recommendations of the

25 Secretary of State,’’ and inserting ‘‘shall be submit-
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1 ted to the President jointly by the Director of the

2 United States Arms Control and Disarmament

3 Agency, the Secretary of State, and the Secretary of

4 Energy accompanied by the views and recommenda5 tions of the Director of the United States Arms

6 Control and Disarmament Agency, the Secretary of

7 State,’’;

8 (C) in the third sentence, by inserting ‘‘jointly’’

9 after ‘‘any proposed agreement for cooperation shall

10 be’’;

11 (D) in the third sentence, by inserting ‘‘and the

12 Director of the United States Arms Control and

13 Disarmament Agency’’ after ‘‘by the Secretary of

14 Energy’’; and

15 (E) in the third sentence, by inserting ‘‘and the

16 Director of the United States Arms Control and

17 Disarmament Agency’’ after ‘‘, by the Secretary of

18 Defense’’.

19 (7) Section 126 a. (1) of such Act (42 U.S.C.

20 2155(a)(1)) is amended by inserting ‘‘, with the concur21 rence of the Director of the United States Arms Control

22 and Disarmament Agency,’’ after ‘‘the Commission has

23 been notified by the Secretary of State’’.

24 (8) Section 131 a. (1) of such Act (42 U.S.C.

25 2160(a)(1)) is amended—
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1 (A) in the first sentence, by inserting ‘‘the Di2 rector of the United States Arms Control and Disar3 mament Agency and’’ after ‘‘the Secretary of En4 ergy shall obtain the concurrence of’’; and

5 (B) in the proviso, by striking ‘‘the Secretary of

6 State’’ and inserting ‘‘the Director of the United

7 States Arms Control and Disarmament Agency’’.

8 (9) Section 131 b. (2) of such Act (42 U.S.C.

9 2160(b)(2)) is amended by inserting ‘‘the Director of the

10 United States Arms Control and Disarmament Agency

11 and’’ after ‘‘unless in his judgment, and that of’’.

12 (10) Section 131 b. (3) of such Act (42 U.S.C.

13 2160(b)(3)) is amended by inserting ‘‘the Director of the

14 United States Arms Control and Disarmament Agency

15 and’’ after ‘‘to those which in this view, and that of’’.

16 (11) Section 142 of such Act (42 U.S.C. 2162) is

17 amended by adding at the end thereof the following new

18 subsection:

19 ‘‘(g) All determinations under this section to remove

20 data from the Restricted Data category shall be made only

21 after consultation with, and upon the concurrence of, the

22 Director of the United States Arms Control and Disar23 mament Agency.’’.
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1 SEC. 16. APPOINTMENT AND COMPENSATION OF PERSON2 NEL.

3 Section 41(b) (22 U.S.C. 2581(b)) is amended by

4 striking all that follows ‘‘General Schedule pay rates,’’ and

5 inserting in lieu thereof ‘‘except that—

6 ‘‘(1) the Director may, to the extent the Direc7 tor determines necessary, appoint in the excepted

8 service, and fix the compensation of, employees pos9 sessing specialized technical expertise without regard

10 to provisions of title 5, United States Code, govern11 ing appointment or compensation of employees of

12 the United States,

13 ‘‘(2) an employee who is appointed under this

14 provision may not be paid a salary in excess of the

15 rate payable for positions of equivalent difficulty or

16 responsibility, and in no event, may be paid at a rate

17 exceeding the maximum rate in effect for level 15 of

18 the General Schedule, and

19 ‘‘(3) the number of employees appointed under

20 this paragraph shall not exceed ten percent of the

21 number of positions allowed under the Agency’s full22 time equivalent limitation.’’.

23 SEC. 17. SECURITY REQUIREMENTS.

24 Section 45(a) (22 U.S.C. 2585) is amended in the

25 third sentence—
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1 (1) by inserting ‘‘or employed directly from

2 other Government agencies’’ after ‘‘persons detailed

3 from other Government agencies’’; and

4 (2) by striking ‘‘by the Department of Defense

5 or the Department of State’’ and inserting ‘‘by such

6 agencies’’.

7 SEC. 18. ANNUAL REPORT TO CONGRESS; AUTHORIZATION

8 OF APPROPRIATIONS.

9 (a) IN GENERAL.—Title IV of the Arms Control and

10 Disarmament Act is amended—

11 (1) by striking sections 49 and 50;

12 (2) by redesignating sections 51 and 53 as sec13 tions 49 and 50, respectively;

14 (3) by inserting after section 50 (as redesig15 nated by paragraph (2)) the following new sections:

16 ‘‘ANNUAL REPORT TO CONGRESS

17 ‘‘SEC. 51. (a) IN GENERAL.—Not later than January

18 31 of each year, the President shall submit to the Speaker

19 of the House of Representatives and to the chairman of

20 the Committee on Foreign Relations of the Senate a re21 port prepared by the Director, in consultation with the

22 Secretary of State, the Secretary of Defense, the Secretary

23 of Energy, the Chairman of the Joint Chiefs of Staff, and

24 Director of Central Intelligence, on the status of United

25 States policy and actions with respect to arms control and

26 nonproliferation. Such report shall include—
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1 ‘‘(1) a detailed statement concerning the arms

2 control objectives of the executive branch of Govern3 ment for the forthcoming year;

4 ‘‘(2) a detailed statement concerning the non5 proliferation objectives of the executive branch of

6 Government for the forthcoming year;

7 ‘‘(3) a detailed assessment of the status of any

8 ongoing arms control negotiations, including a com9 prehensive description of negotiations during the

10 preceding year and an appraisal of the status and

11 prospects for the forthcoming year;

12 ‘‘(4) a detailed assessment of the status of any

13 ongoing nonproliferation negotiations or other activi14 ties, including a comprehensive description of the ne15 gotiations or other activities during the preceding

16 year and an appraisal of the status and prospects

17 for the forthcoming year;

18 ‘‘(5) a detailed assessment of adherence of the

19 United States to obligations undertaken in arms

20 control and nonproliferation agreements, including

21 information on the policies and organization of each

22 relevant agency or department of the United States

23 to ensure adherence to such obligations, a descrip24 tion of national security programs with a direct

25 bearing on questions of adherence to such obliga-
27

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1 tions and of steps being taken to ensure adherence,

2 and a compilation of any substantive questions

3 raised during the preceding year and any corrective

4 action taken; and

5 ‘‘(6) a detailed assessment of the adherence of

6 other nations to obligations undertaken in all arms

7 control and nonproliferation agreements to which the

8 United States is a participating state, including in9 formation on actions taken by each nation with re10 gard to the size, structure, and disposition of its

11 military forces in order to comply with arms control

12 or nonproliferation agreements, and shall include, in

13 the case of each agreement about which compliance

14 questions exist—

15 ‘‘(A) a description of each significant issue

16 raised and efforts made and contemplated with

17 the other participating state to seek resolution

18 of the difficulty;

19 ‘‘(B) an assessment of damage, if any, to

20 the United States security and other interests;

21 and

22 ‘‘(C) recommendations as to any steps that

23 should be considered to redress any damage to

24 United States national security and to reduce

25 compliance problems.
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1 ‘‘(b) CLASSIFICATION OF THE REPORT.—The report

2 required by this section shall be submitted in unclassified

3 form, with classified annexes, as appropriate.

4 ‘‘AUTHORIZATION OF APPROPRIATIONS

5 ‘‘SEC. 52. (a) AUTHORIZATION OF APPROPRIA6 TIONS.—To carry out the purposes of this Act, there are

7 authorized to be appropriated—

8 ‘‘(1) $62,500,000 for fiscal year 1994 and

9 $64,375,000 for fiscal year 1995; and

10 ‘‘(2) such additional amounts as may be nec11 essary for each fiscal year for which an authoriza12 tion of appropriations is provided for in paragraph

13 (1) of this subsection for increases in salary, pay, re14 tirement, other employee benefits authorized by law,

15 and other nondiscretionary costs, and to offset ad16 verse fluctuations in foreign currency exchange

17 rates.

18 ‘‘(b) TRANSFER OF FUNDS.—Funds appropriated

19 pursuant to this section may be allocated or transferred

20 to any agency for carrying out the purposes of this Act.

21 Such funds shall be available for obligation and expendi22 ture in accordance with the authorities of this Act or in

23 accordance with the authorities governing the activities of

24 the agencies to which such funds are allocated or trans25 ferred.
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1 ‘‘(c) LIMITATION.—Not more than 12 percent of any

2 appropriation made pursuant to this Act shall be obligated

3 or reserved during the last month of the fiscal year.’’.

4 (b) EFFECTIVE DATE.—So much of the amendment

5 made by subsection (a) as inserts section 52 of the Arms

6 Control and Disarmament Act shall take effect on October

7 1, 1993.

8 SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF

9 CONTENTS.

10 (a) SHORT TITLE.—This Act may be cited as the

11 ‘‘Arms Control and Nonproliferation Act of 1993’’.

12 (b) REFERENCES IN ACT.—Except as specifically pro13 vided in this Act, whenever in this Act an amendment or

14 repeal is expressed as an amendment to or repeal of a provi15 sion, the reference shall be deemed to be made to the Arms

16 Control and Disarmament Act.

17 (c) TABLE OF CONTENTS.—The table of contents for

18 this Act is as follows:

Sec. 1. Short title; references in Act; table of contents.

Sec. 2. Congressional declarations; purpose.

Sec. 3. Purposes.

Sec. 4. Repeals.

Sec. 5. Director.

Sec. 6. Bureaus, offices, and divisions.

Sec. 7. Presidential special representatives.

Sec. 8. Policy formulation.

Sec. 9. Negotiation management.

Sec. 10. Report on measures to coordinate research and development.

Sec. 11. Negotiating records.

Sec. 12. Verification of compliance.

Sec. 13. Authorities with respect to nonproliferation matters.

Sec. 14. Appointment and compensation of personnel.

Sec. 15. Security requirements.

Sec. 16. Annual report to Congress; authorization of appropriations.
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Sec. 17. Conforming amendments.

1 SEC. 2. CONGRESSIONAL DECLARATIONS; PURPOSE.

2 (a) CONGRESSIONAL DECLARATIONS.—The Congress

3 declares that—

4 (1) a fundamental goal of the United States,

5 particularly in the wake of the highly turbulent and

6 uncertain international situation fostered by the end

7 of the Cold War, the disintegration of the Soviet

8 Union and the resulting emergence of fifteen new

9 independent states, and the revolutionary changes in

10 Eastern Europe, is to eliminate chemical and biologi11 cal weapons and to reduce and limit the large num12 bers of nuclear weapons in the former Soviet Union

13 and, more generally, to prevent the proliferation of

14 weapons of mass destruction and their means of deliv15 ery, and of high-technology conventional armaments

16 as well as to prevent regional conflicts and conven17 tional arms races; and

18 (2) an ultimate goal of the United States contin19 ues to be a world in which the use of force is subordi20 nated to the rule of law and international change is

21 achieved peacefully without the danger and burden of

22 destabilizing and costly armaments.

23 (b) PURPOSE.—The purpose of this Act is—

24 (1) to strengthen the United States Arms Control

25 and Disarmament Agency; and
31

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1 (2) to improve congressional oversight of the

2 arms control, nonproliferation, and disarmament ac3 tivities of the United States Arms Control and Disar4 mament Agency.

5 SEC. 3. PURPOSES.

6 Section 2 (22 U.S.C. 2551) is amended in the text fol7 lowing the third undesignated paragraph by striking para8 graphs (a), (b), (c), and (d) and by inserting the following

9 new paragraphs:

10 ‘‘(1) The preparation for and management of

11 United States participation in international negotia12 tions and implementation fora in the arms control

13 and disarmament field.

14 ‘‘(2) When directed by the President, the prepa15 ration for, and management of, United States partici16 pation in international negotiations and implementa17 tion fora in the nonproliferation field.

18 ‘‘(3) The conduct, support, and coordination of

19 research for arms control, nonproliferation, and dis20 armament policy formulation.

21 ‘‘(4) The preparation for, operation of, or, as ap22 propriate, direction of, United States participation in

23 such control systems as may become part of United

24 States arms control, nonproliferation, and disar25 mament activities.
32

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1 ‘‘(5) The dissemination and coordination of pub2 lic information concerning arms control, non3 proliferation, and disarmament.’’.

4 SEC. 4. REPEALS.

5 The following provisions of law are hereby repealed:

6 (1) Section 26 (22 U.S.C. 2566), relating to the

7 General Advisory Committee.

8 (2) Section 36 (22 U.S.C. 2578), relating to

9 arms control impact information and analysis.

10 (3) Section 38 (22 U.S.C. 2578), relating to re11 ports on Standing Consultative Commission activi12 ties.

13 (4) Section 52 (22 U.S.C. 2592), relating to re14 ports on adherence to and compliance with agree15 ments.

16 (5) Section 906 of the National Defense Author17 ization Act, Fiscal Year 1989 (22 U.S.C. 2592b), re18 lating to an annual report on arms control strategy.

19 (6) Section 1002 of the Department of Defense

20 Authorization Act, 1986 (22 U.S.C. 2592a), relating

21 to an annual report on Soviet compliance with arms

22 control commitments.

23 SEC. 5. DIRECTOR.

24 Section 22 (22 U.S.C. 2562) is amended to read as

25 follows:
33

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1 ‘‘DIRECTOR

2 ‘‘Sec. 22. (a) APPOINTMENT.—The Agency shall be

3 headed by a Director appointed by the President, by and

4 with the advice and consent of the Senate. No person serving

5 on active duty as a commissioned officer of the Armed

6 Forces of the United States may be appointed Director.

7 ‘‘(b) DUTIES.—(1) The Director shall serve as the

8 principal adviser to the Secretary of State, the National

9 Security Council, and the President and other executive

10 branch Government officials on matters relating to arms

11 control, nonproliferation, and disarmament matters. In

12 carrying out his duties under this Act, the Director, under

13 the direction of the President and the Secretary of State,

14 shall have primary responsibility within the Government

15 for matters relating to arms control and disarmament, and,

16 whenever directed by the President, primary responsibility

17 within the Government for matters relating to nonprolifera18 tion.

19 ‘‘(2) The Director shall attend all meetings of the Na20 tional Security Council involving weapons procurement,

21 arms sales, consideration of the defense budget, and all arms

22 control, nonproliferation, and disarmament matters.’’.

23 SEC. 6. BUREAUS, OFFICES, AND DIVISIONS.

24 Section 25 (22 U.S.C. 2565) is amended to read as

25 follows:
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1 ‘‘SEC. 25. BUREAUS, OFFICES, AND DIVISIONS.

2 ‘‘The Director, under the direction of the Secretary of

3 State, may establish within the Agency such bureaus, of4 fices, and divisions as he may determine to be necessary

5 to discharge his responsibilities pursuant to this Act, in6 cluding a bureau of intelligence and information support

7 and an office to perform legal services for the Agency.’’.

8 SEC. 7. PRESIDENTIAL SPECIAL REPRESENTATIVES.

9 (a) Sections 27 and 28 (22 U.S.C. 2567, 2568) are

10 redesignated as sections 26 and 27, respectively.

11 (b) Section 26 (as redesignated by subsection (a)) is

12 amended to read as follows:

13 ‘‘PRESIDENTIAL SPECIAL REPRESENTATIVES

14 ‘‘SEC. 26. The President may appoint, by and with

15 the advice and consent of the Senate, Special Representa16 tives of the President for Arms Control, Nonproliferation,

17 and Disarmament. Each Presidential Special Representa18 tive shall hold the personal rank of ambassador. Presi19 dential Special Representatives appointed under this sec20 tion shall perform their duties and exercise their powers

21 under direction of the President and the Secretary of State,

22 acting through the Director. The Agency shall be the Gov23 ernment agency responsible for providing administrative

24 support, including funding, staff, and office space, to all

25 Presidential Special Representatives.’’.
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1 SEC. 8. POLICY FORMULATION.

2 Section 33 (22 U.S.C. 2573) is amended to read as

3 follows:

4 ‘‘POLICY FORMULATION

5 ‘‘SEC. 33. (a) FORMULATION.—The Director shall pre6 pare for the President, the Secretary of State, and the heads

7 of such other Government agencies as the President may

8 determine, recommendations and advice concerning United

9 States arms control, nonproliferation, and disarmament

10 policy.

11 ‘‘(b) PROHIBITION.—No action shall be taken pursuant

12 to this or any other Act that would obligate the United

13 States to reduce or limit the Armed Forces or armaments

14 of the United States in a militarily significant manner,

15 except pursuant to the treaty-making power of the President

16 set forth in Article II, Section 2, Clause 2 of the Constitu17 tion or unless authorized by the enactment of further af18 firmative legislation by the Congress of the United States.’’.

19 SEC. 9. NEGOTIATION MANAGEMENT.

20 Section 34 (22 U.S.C. 2574) is amended to read as

21 follows:

22 ‘‘NEGOTIATION MANAGEMENT

23 ‘‘SEC. 34. (a) RESPONSIBILITIES.—The Director,

24 under the direction of the President and the Secretary of

25 State, shall have primary responsibility for the prepara26 tion, conduct, and management of United States participa-
36

•S 1182 RS

1 tion in all international negotiations and implementation

2 fora in the field of arms control and disarmament and shall

3 have primary responsibility, whenever directed by the

4 President, for the preparation, conduct, and management

5 of United States participation in international negotia6 tions and implementation fora in the field of nonprolifera7 tion. In furtherance of these responsibilities Special Rep8 resentatives of the President for Nonproliferation, estab9 lished pursuant to section 26, shall, as directed by the Presi10 dent, serve as the United States Government representatives

11 to international organizations, conferences, and activities

12 relating to the field of nonproliferation, such as the prep13 arations for and conduct of the review relating to the Treaty

14 on the Non-Proliferation of Nuclear Weapons.

15 ‘‘(b) FUNCTIONS WITH RESPECT TO THE UNITED

16 STATES INFORMATION AGENCY.—The Director shall per17 form functions pursuant to section 2(c) of the Reorganiza18 tion Plan 8 of 1953 with respect to providing to the United

19 States Information Agency official United States positions

20 and policy on arms control, nonproliferation, and disar21 mament matters for dissemination abroad.

22 ‘‘(c) AUTHORITY.—The Director is authorized—

23 ‘‘(1) to formulate plans and make preparations

24 for the establishment, operation, and funding of in25 spections and control systems which may become part
37

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1 of the United States arms control, nonproliferation,

2 and disarmament activities; and

3 ‘‘(2) as authorized by law, to put into effect, di4 rect, or otherwise assume United States responsibility

5 for such systems.’’.

6 SEC. 10. REPORT ON MEASURES TO COORDINATE RE7 SEARCH AND DEVELOPMENT.

8 Not later than March 31, 1994, the President shall sub9 mit to the Congress a report prepared by the Director of

10 the United States Arms Control and Disarmament Agency,

11 in coordination with the Secretary of State, the Secretary

12 of Defense, the Secretary of Energy, the Chairman of the

13 Joint Chiefs of Staff, and the Director of Central Intel14 ligence, with respect to the procedures established pursuant

15 to section 35 of the Arms Control and Disarmament Act

16 (22 U.S.C. 2575) for the effective coordination of research

17 and development on arms control, nonproliferation, and

18 disarmament among all departments and agencies of the

19 executive branch of Government.

20 SEC. 11. NEGOTIATING RECORDS.

21 (a) IN GENERAL.—The Arms Control and Disar22 mament Act is amended by inserting after section 35 the

23 following:

24 ‘‘NEGOTIATING RECORDS

25 ‘‘SEC. 36. (a) PREPARATION OF RECORDS.—The Di26 rector shall establish and maintain records for each arms
38

•S 1182 RS

1 control, nonproliferation, and disarmament agreement to

2 which the United States is a party and which was under

3 negotiation or in force on or after January 1, 1990, which

4 shall include classified and unclassified materials such as

5 instructions and guidance, position papers, reporting cables

6 and memoranda of conversation, working papers, draft

7 texts of the agreement, diplomatic notes, notes verbal, and

8 other internal and external correspondence.

9 ‘‘(b) NEGOTIATING AND IMPLEMENTATION

10 RECORDS.—In particular, the Director shall establish and

11 maintain a negotiating and implementation record for each

12 such agreement, which shall be comprehensive and detailed,

13 and shall document all communications between the parties

14 with respect to such agreement. Such records shall be main15 tained both in hard copy and magnetic media.

16 ‘‘(c) PARTICIPATION OF AGENCY PERSONNEL.—In

17 order to implement effectively this section, the Director shall

18 ensure that Agency personnel participate throughout the ne19 gotiation and implementation phases of all arms control,

20 nonproliferation, and disarmament agreements.’’.

21 (b) REPORT REQUIRED.—Not later than January 31,

22 1994, the Director of the United States Arms Control and

23 Disarmament Agency shall submit to the Speaker of the

24 House of Representatives and to the chairman of the Com25 mittee on Foreign Relations of the Senate a detailed report
39

•S 1182 RS

1 describing the actions he has undertaken to implement sec2 tion 36 of the Arms Control and Disarmament Act.

3 SEC. 12. VERIFICATION OF COMPLIANCE.

4 Section 37 (22 U.S.C. 2577) is amended to read as

5 follows:

6 ‘‘VERIFICATION OF COMPLIANCE

7 ‘‘SEC. 37. (a) IN GENERAL.—In order to ensure that

8 arms control, nonproliferation, and disarmament agree9 ments can be adequately verified, the Director shall report

10 to Congress, on a timely basis, or upon request by an appro11 priate committee of the Congress—

12 ‘‘(1) in the case of any arms control, non13 proliferation, or disarmament agreement that has

14 been concluded by the United States, the determina15 tion of the Director as to the degree to which the com16 ponents of such agreement can be verified;

17 ‘‘(2) in the case of any arms control, non18 proliferation, or disarmament agreement that has en19 tered into force, any significant degradation or alter20 ation in the capacity of the United States to verify

21 compliance of the components of such agreement; and

22 ‘‘(3) the amount and percentage of research

23 funds expended by the Agency for the purpose of ana24 lyzing issues relating to arms control, nonprolifera25 tion, and disarmament verification.
40

•S 1182 RS

1 ‘‘(b) STANDARD FOR VERIFICATION OF COMPLIANCE.—

2 In making determinations under paragraphs (1) and (2)

3 of subsection (a), the Director shall assume all measures of

4 concealment not expressly prohibited could be employed and

5 that standard practices could be altered so as to impede

6 verification.

7 ‘‘(c) RULE OF CONSTRUCTION.—Except as otherwise

8 provided for by law, nothing in this section may be con9 strued as requiring the disclosure of sensitive information

10 relating to intelligence sources or methods or persons em11 ployed in the verification of compliance with arms control,

12 nonproliferation, and disarmament agreements.

13 ‘‘(d) PARTICIPATION OF THE AGENCY.—In order to en14 sure adherence of the United States to obligations or com15 mitments undertaken in arms control, nonproliferation,

16 and disarmament agreements, and in order for the Director

17 to make the assessment required by section 51(a)(5), the Di18 rector, or the Director’s designee, shall participate in all

19 interagency groups or organizations within the executive

20 branch of Government that assess, analyze, or review

21 United States planned or ongoing policies, programs, or ac22 tions that have a direct bearing on United States adherence

23 to obligations undertaken in arms control, nonproliferation,

24 or disarmament agreements.’’.
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1 SEC. 13. AUTHORITIES WITH RESPECT TO NONPROLIFERA2 TION MATTERS.

3 (a) AMENDMENTS TO THE ARMS EXPORT CONTROL

4 ACT.—(1) Section 38(a)(2) of the Arms Export Control Act

5 (22 U.S.C. 2778(a)(2)) is amended to read as follows:

6 ‘‘(2) Decisions on issuing export licenses under this

7 section shall be made in coordination with the Director of

8 the United States Arms Control and Disarmament Agency,

9 taking into account the Director’s assessment as to whether

10 the export of an article would contribute to an arms race,

11 support international terrorism, increase the possibility of

12 outbreak or escalation of conflict, or prejudice the develop13 ment of bilateral or multilateral arms control or non14 proliferation agreements or other arrangements. The Direc15 tor of the Arms Control and Disarmament Agency is au16 thorized, whenever the Director determines that the issuance

17 of an export license under this section would be detrimental

18 to the national security of the United States, to recommend

19 to the President that such export license be disapproved.’’.

20 (2) Section 42(a) of such Act (22 U.S.C. 2791(a)) is

21 amended—

22 (A) by redesignating clauses (1), (2), and (3) as

23 clauses (A), (B), and (C), respectively;

24 (B) by inserting ‘‘(1)’’ immediately after ‘‘(a)’’;

25 (C) by amending clause (C) (as redesignated) to

26 read as follows:
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1 ‘‘(C) the assessment of the Director of the United

2 States Arms Control and Disarmament Agency as to

3 whether, and the extent to which, such sale might con4 tribute to an arms race, support international terror5 ism, increase the possibility of outbreak or escalation

6 of conflict, or prejudice the development of bilateral or

7 multilateral arms control or nonproliferation agree8 ments or other arrangements;’’; and

9 (D) by adding at the end the following:

10 ‘‘(2) Any proposed sale made pursuant to this Act shall

11 be approved only after consultation with the Director of the

12 United States Arms Control and Disarmament Agency. The

13 Director of the Arms Control and Disarmament Agency is

14 authorized, whenever the Director determines that a sale

15 under this section would be detrimental to the national se16 curity of the United States, to recommend to the President

17 that such sale be disapproved.’’.

18 (3) Section 71(a) of such Act (22 U.S.C. 2797(a)) is

19 amended by inserting ‘‘and the Director of the Arms Con20 trol and Disarmament Agency’’ after ‘‘The Secretary of De21 fense’’.

22 (4) Section 71(b)(1) of such Act (22 U.S.C. 2797(b)(1))

23 is amended by inserting ‘‘and the Director of the United

24 States Arms Control and Disarmament Agency’’ after ‘‘Sec25 retary of Defense’’.
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1 (5) Section 71(b)(2) of such Act (22 U.S.C. 2797(b)(2))

2 is amended by inserting ‘‘and the Director of the United

3 States Arms Control and Disarmament Agency’’ after ‘‘The

4 Secretary of Commerce’’.

5 (6) Section 71(c) of such Act (22 U.S.C. 2797(c)) is

6 amended by inserting ‘‘to include the Director of the Arms

7 Control and Disarmament Agency’’ after ‘‘other appro8 priate Government agencies’’.

9 (7) Section 73(d) of such Act (22 U.S.C. 2797(d)) is

10 amended by inserting ‘‘and the Director of the United

11 States Arms Control and Disarmament Agency’’ after ‘‘The

12 Secretary of Commerce’’.

13 (b) AMENDMENT TO THE NUCLEAR NON-PROLIFERA14 TION ACT.—Section 309(c) of the Nuclear Non-Proliferation

15 Act of 1978 (42 U.S.C. 2139(a)) is amended in the second

16 sentence by striking out ‘‘, as required,’’.

17 SEC. 14. APPOINTMENT AND COMPENSATION OF PERSON18 NEL.

19 Section 41(b) (22 U.S.C. 2581(b)) is amended by strik20 ing all that follows ‘‘General Schedule pay rates,’’ and in21 serting in lieu thereof ‘‘except that—

22 ‘‘(1) the Director may, to the extent the Director

23 determines necessary, appoint in the excepted service,

24 and fix the compensation of, employees possessing spe25 cialized technical expertise without regard to provi-
44

•S 1182 RS

1 sions of title 5, United States Code, governing ap2 pointment or compensation of employees of the United

3 States,

4 ‘‘(2) an employee who is appointed under this

5 provision may not be paid a salary in excess of the

6 rate payable for positions of equivalent difficulty or

7 responsibility, and in no event, may be paid at a rate

8 exceeding the maximum rate in effect for level 15 of

9 the General Schedule, and

10 ‘‘(3) the number of employees appointed under

11 this paragraph shall not exceed ten percent of the

12 number of positions allowed under the Agency’s full13 time equivalent limitation.’’.

14 SEC. 15. SECURITY REQUIREMENTS.

15 Section 45(a) (22 U.S.C. 2585) is amended in the

16 third sentence—

17 (1) by inserting ‘‘or employed directly from other

18 Government agencies’’ after ‘‘persons detailed from

19 other Government agencies’’; and

20 (2) by striking ‘‘by the Department of Defense or

21 the Department of State’’ and inserting ‘‘by such

22 agencies’’.
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1 SEC. 16. ANNUAL REPORT TO CONGRESS; AUTHORIZATION

2 OF APPROPRIATIONS.

3 (a) IN GENERAL.—Title IV of the Arms Control and

4 Disarmament Act is amended—

5 (1) by striking sections 49 and 50;

6 (2) by redesignating sections 51 and 53 as sec7 tions 49 and 50, respectively; and

8 (3) by inserting after section 50 (as redesignated

9 by paragraph (2)) the following new sections:

10 ‘‘ANNUAL REPORT TO CONGRESS

11 ‘‘SEC. 51. (a) IN GENERAL.—Not later than January

12 31 of each year, the President shall submit to the Speaker

13 of the House of Representatives and to the chairman of the

14 Committee on Foreign Relations of the Senate a report pre15 pared by the Director, in consultation with the Secretary

16 of State, the Secretary of Defense, the Secretary of Energy,

17 the Chairman of the Joint Chiefs of Staff, and Director of

18 Central Intelligence, on the status of United States policy

19 and actions with respect to arms control, nonproliferation,

20 and disarmament. Such report shall include—

21 ‘‘(1) a detailed statement concerning the arms

22 control and disarmament objectives of the executive

23 branch of Government for the forthcoming year;

24 ‘‘(2) a detailed statement concerning the non25 proliferation objectives of the executive branch of Gov26 ernment for the forthcoming year;
46

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1 ‘‘(3) a detailed assessment of the status of any

2 ongoing arms control or disarmament negotiations,

3 including a comprehensive description of negotiations

4 or other activities during the preceding year and an

5 appraisal of the status and prospects for the forthcom6 ing year;

7 ‘‘(4) a detailed assessment of the status of any

8 ongoing nonproliferation negotiations or other activi9 ties, including a comprehensive description of the ne10 gotiations or other activities during the preceding

11 year and an appraisal of the status and prospects for

12 the forthcoming year;

13 ‘‘(5) a detailed assessment of adherence of the

14 United States to obligations undertaken in arms con15 trol, nonproliferation, and disarmament agreements,

16 including information on the policies and organiza17 tion of each relevant agency or department of the

18 United States to ensure adherence to such obligations,

19 a description of national security programs with a

20 direct bearing on questions of adherence to such obli21 gations and of steps being taken to ensure adherence,

22 and a compilation of any substantive questions raised

23 during the preceding year and any corrective action

24 taken; and
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1 ‘‘(6) a detailed assessment of the adherence of

2 other nations to obligations undertaken in all arms

3 control, nonproliferation, and disarmament agree4 ments to which the United States is a participating

5 state, including information on actions taken by each

6 nation with regard to the size, structure, and disposi7 tion of its military forces in order to comply with

8 arms control, nonproliferation, or disarmament agree9 ments, and shall include, in the case of each agree10 ment about which compliance questions exist—

11 ‘‘(A) a description of each significant issue

12 raised and efforts made and contemplated with

13 the other participating state to seek resolution of

14 the difficulty;

15 ‘‘(B) an assessment of damage, if any, to

16 the United States security and other interests;

17 and

18 ‘‘(C) recommendations as to any steps that

19 should be considered to redress any damage to

20 United States national security and to reduce

21 compliance problems.

22 ‘‘(b) CLASSIFICATION OF THE REPORT.—The report

23 required by this section shall be submitted in unclassified

24 form, with classified annexes, as appropriate.
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1 ‘‘AUTHORIZATION OF APPROPRIATIONS

2 ‘‘SEC. 52. (a) AUTHORIZATION OF APPROPRIATIONS.—

3 To carry out the purposes of this Act, there are authorized

4 to be appropriated—

5 ‘‘(1) $57,500,000 for fiscal year 1994 and

6 $59,375,000 for fiscal year 1995; and

7 ‘‘(2) such additional amounts as may be nec8 essary for each fiscal year for which an authorization

9 of appropriations is provided for in paragraph (1) of

10 this subsection for increases in salary, pay, retire11 ment, other employee benefits authorized by law, and

12 other nondiscretionary costs, and to offset adverse

13 fluctuations in foreign currency exchange rates.

14 ‘‘(b) TRANSFER OF FUNDS.—Funds appropriated pur15 suant to this section may be allocated or transferred to any

16 agency for carrying out the purposes of this Act. Such funds

17 shall be available for obligation and expenditure in accord18 ance with the authorities of this Act or in accordance with

19 the authorities governing the activities of the agencies to

20 which such funds are allocated or transferred.

21 ‘‘(c) LIMITATION.—Not more than 12 percent of any

22 appropriation made pursuant to this Act shall be obligated

23 or reserved during the last month of the fiscal year.’’.

24 (b) EFFECTIVE DATE.—So much of the amendment

25 made by subsection (a) as inserts section 52 of the Arms
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1 Control and Disarmament Act shall take effect on October

2 1, 1993.

3 SEC. 17. CONFORMING AMENDMENTS.

4 (a) Section 2 (22 U.S.C. 2551) is amended—

5 (1) in the second undesignated paragraph, by in6 serting ‘‘, nonproliferation,’’ after ‘‘Arms control’’;

7 and

8 (2) in the second and third undesignated para9 graphs, by inserting ‘‘, nonproliferation,’’ after ‘‘arms

10 control’’ each place it appears.

11 (b) Section 28 (22 U.S.C. 2568) is amended—

12 (1) in the first sentence, by striking ‘‘field of

13 arms control and disarmament’’ and inserting ‘‘fields

14 of arms control, nonproliferation, and disarmament’’;

15 and

16 (2) in the second sentence, by inserting ‘‘, non17 proliferation,’’ after ‘‘arms control’’.

18 (c) Section 31 (22 U.S.C. 2571) is amended—

19 (1) in the text above paragraph (a), by striking

20 ‘‘field of arms control and disarmament’’ each of the

21 three places it appears and inserting ‘‘fields of arms

22 control, nonproliferation, and disarmament’’;

23 (2) in the first sentence, by inserting ‘‘and non24 proliferation’’ after disarmament; and
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1 (3) in the fourth sentence, by inserting ‘‘, non2 proliferation,’’ after arms control each of the eight

3 places it appears.

4 (d) Section 35 (22 U.S.C. 2575) is amended by insert5 ing ‘‘, nonproliferation,’’ after ‘‘arms control’’.

6 (e) Section 39 (22 U.S.C. 2579) is amended by insert7 ing ‘‘, nonproliferation,’’ after ‘‘arms control’’ each of the

8 two places it appears.

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