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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1085 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1085

To abolish the United States Arms Control and Disarmament Agency and to 
  transfer certain policy formulation functions of the Agency to the 
 Department of State and certain non-proliferation and other functions 
  of the Agency to the Department of Defense, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                 June 9 (legislative day, June 7), 1993

   Mr. Hatch introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
To abolish the United States Arms Control and Disarmament Agency and to 
  transfer certain policy formulation functions of the Agency to the 
 Department of State and certain non-proliferation and other functions 
  of the Agency to the Department of Defense, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Economy in Arms Control Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the initially created United States Arms Control and 
        Disarmament Agency (ACDA) in 1961 served a useful purpose that 
        has been eclipsed due to the end of the Cold War;
            (2) numerous government agencies have acquired the 
        expertise, capabilities, and roles that were originally 
        intended for ACDA;
            (3) the work that ACDA performs is duplicated in the 
        executive branch of Government and ACDA's role is no longer 
        essential for national security;
            (4) with the pace of dynamic international change, all 
        government agencies involved in defense, intelligence, and 
        international broadcasting have been reduced accordingly; and
            (5) the orderly retirement of ACDA is a necessary measure 
        to maximize savings in annual government expenditures.

SEC. 3. DEFINITIONS.

    For purposes of this Act, unless otherwise provided or indicated by 
the context--
            (1) the term ``Federal agency'' has the meaning given to 
        the term ``agency'' by section 551(1) of title 5, United States 
        Code;
            (2) the term ``function'' means any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, 
        or program;
            (3) the term ``Secretary of Defense'' means the Secretary 
        of Defense, acting through the Assistant Secretary of Defense 
        for Non-Proliferation Affairs; and
            (4) the term ``ACDA'' means the United States Arms Control 
        and Disarmament Agency.

SEC. 4. ABOLISHMENT OF THE ACDA.

    (a) Abolishment.--The United States Arms Control and Disarmament 
Agency is abolished on the effective date of this Act.
    (b) Repeal.--The Arms Control and Disarmament Act (22 U.S.C. 2551 
et seq.) is repealed on the effective date of this Act.

SEC. 5. TERMINATION OF FUNCTIONS.

    (a) Termination of Functions.--All functions exercised by the 
Director of the ACDA, or exercised under the authority of the Arms 
Control and Disarmament Act, before the effective date of this Act 
other than the functions described in section 6 shall terminate on such 
effective date.
    (b) Treatment of Personnel Employed in Terminated Functions.--The 
following shall apply with respect to officers and employees of the 
ACDA which were not transferred under section 11:
            (1) Under such regulations as the Office of Personnel 
        Management may prescribe, the head of any agency in the 
        executive branch may appoint in the competitive service any 
        person who is certified by the Director of the ACDA as having 
        served satisfactorily in the ACDA and who passes such 
        examination as the Office of Personnel Management may 
        prescribe. Any person so appointed shall, upon completion of 
        the prescribed probationary period, acquire a competitive 
        status.
            (2) The head of any agency in the executive branch having 
        an established merit system in the excepted service may appoint 
        in such service any person who is certified by the Director of 
        the ACDA as having served satisfactorily in the ACDA and who 
        passes such examination as such agency head may prescribe.
            (3) Any appointment under this subsection shall be made 
        within a period of one year after completion of the appointee's 
        service in the ACDA.
            (4) Any law, Executive order, or regulation which would 
        disqualify an applicant for appointment in the competitive 
        service or in the excepted service concerned shall also 
        disqualify an applicant for appointment under this subsection.

SEC. 6. TRANSFER OF FUNCTIONS.

    (a) Transfer of Functions.--(1) There are transferred--
            (A) to the Secretary of State, so much of the functions 
        which the Director of ACDA exercised before the effective date 
        of this Act as relate to policy formulation in connection with 
        arms control and disarmament matters (including all related 
        functions of any officer or employee of the ACDA but not 
        including functions related to non-proliferation affairs);
            (B) to the Secretary of Defense, so much of the functions 
        which the Director of ACDA exercised before the effective date 
        of this Act as relate to non-proliferation affairs; and
            (C) to the Secretary of Defense, to be exercised in 
        consultation with the Director of Central Intelligence, so much 
        of the functions which the Director of ACDA exercised before 
        the effective date of this Act as relate to the evaluation and 
        reporting of the effectiveness of arms control and disarmament 
        agreements with respect to the verification of compliance with 
        such agreements.
    (2) The transferred functions shall be exercised consistent with 
this section.
    (b) Authority of the National Security Council.--Section 101(b) of 
the National Security Act of 1947 (50 U.S.C. 402(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) to serve as the principal adviser to the President 
        for the interagency coordination of United States arms control 
        and disarmament policy and for monitoring the implementation of 
        international arms control and disarmament agreements and to 
        establish procedures to carry out the duties described in this 
        paragraph.''.
    (c) Prohibition.--No action shall be taken under this or any other 
law that will obligate the United States to disarm or to reduce or to 
limit the Armed Forces or armaments of the United States, except 
pursuant to the treaty-making power of the President under the 
Constitution or unless authorized by further affirmative legislation by 
the Congress of the United States.
    (d) Assistant Secretary of Defense.--(1) Section 136 of title 10, 
United States Code, is amended--
            (A) in subsection (a), by striking out ``eleven'' and 
        inserting in lieu thereof ``12''; and
            (B) by adding at the end of subsection (b) the following 
        new paragraph:
    ``(5) One of the Assistant Secretaries shall be the Assistant 
Secretary of Defense for Non-Proliferation Affairs. It shall be the 
principal duty of the Assistant Secretary to coordinate Federal 
Government policy with respect to the non-proliferation of conventional 
weapons and weapons of mass destruction.''.
    (2) Section 5315 of title 5, United States Code, is amended by 
striking out ``Assistant Secretaries of Defense (11).'' and inserting 
in lieu thereof the following:
            ``Assistant Secretaries of Defense (12).''.

SEC. 7. DETERMINATIONS OF CERTAIN FUNCTIONS BY THE OFFICE OF MANAGEMENT 
              AND BUDGET.

    If necessary, the Director of the Office of Management and Budget 
shall make any determination of the functions that are transferred 
under section 6(a).

SEC. 8. PERSONNEL PROVISIONS.

    Subject to section 13, the Secretary of State and the Secretary of 
Defense may appoint and fix the compensation of such officers and 
employees as may be necessary to carry out the respective functions 
transferred under this Act. Except as otherwise provided by law, such 
officers and employees shall be appointed in accordance with the civil 
service laws and their compensation fixed in accordance with title 5, 
United States Code.

SEC. 9. REORGANIZATION.

    The Secretary of State is authorized to allocate or reallocate any 
function transferred under section 6(a) among the officers of the 
Department of State and to establish, consolidate, alter, or 
discontinue such organizational entities in such Department as may be 
necessary or appropriate.

SEC. 10. RULES.

    The Secretary of State and the Secretary of Defense are authorized 
to prescribe, in accordance with the provisions of chapters 5 and 6 of 
title 5, United States Code, such rules and regulations as such 
Secretary determines necessary or appropriate to administer and manage 
the functions of the Department of State or the Department of Defense, 
as the case may be, which are transferred by this Act.

SEC. 11. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.

    (a) In General.--Subject to the limitations in subsection (b), the 
personnel employed in connection with, and the assets, liabilities, 
contracts, property, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds employed, 
used, held, arising from, available to, or to be made available in 
connection with the functions transferred by this Act, subject to 
section 1531 of title 31, United States Code, shall be transferred to 
the Federal agency to which such functions are transferred. Unexpended 
funds transferred pursuant to this section shall be used only for the 
purposes for which the funds were originally authorized and 
appropriated.
    (b) Limitations.--(1) In carrying out the transfer of personnel 
required by subsection (a), there are authorized to be transferred--
            (A) with respect to the function transferred under section 
        6(a)(1)(A), not to exceed 10 percent of the personnel,
            (B) with respect to the function transferred under section 
        6(a)(1)(B), not to exceed 30 percent of the personnel, and
            (C) with respect to the function transferred under section 
        6(a)(1)(C), not to exceed 30 percent of the personnel,
employed or used in connection with that function as of December 31, 
1992.
    (2) In making the transfer of personnel described in paragraph (1), 
the President shall transfer such personnel employed or used in 
connection with a function as the President determines, notwithstanding 
any other provision of law, are necessary to carry out that function.

SEC. 12. INCIDENTAL TRANSFERS.

    The Director of the Office of Management and Budget, at such time 
or times as the Director shall provide, is authorized to make such 
determinations as may be necessary with regard to the functions 
transferred by this Act, and to make such additional incidental 
dispositions of personnel, assets, liabilities, grants, contracts, 
property, records, and unexpended balances of appropriations, 
authorizations, allocations, and other funds held, used, arising from, 
available to, or to be made available in connection with such 
functions, as may be necessary to carry out the provisions of this Act. 
The Director of the Office of Management and Budget shall provide for 
the termination of the affairs of the entity terminated by this Act and 
for such further measures and dispositions as may be necessary to 
effectuate the purposes of this Act.

SEC. 13. EFFECT ON PERSONNEL.

    (a) In General.--Except as otherwise provided by this Act, the 
transfer pursuant to this Act of full-time personnel (except special 
Government employees) and part-time personnel holding permanent 
positions shall not cause any such employee to be separated or reduced 
in grade or compensation for one year after the date of transfer of 
such employee under this Act.
    (b) Executive Schedule Positions.--Except as otherwise provided in 
this Act, any person who, on the day preceding the effective date of 
this Act, held a position compensated in accordance with the Executive 
Schedule prescribed in chapter 53 of title 5, United States Code, and 
who, without a break in service, is appointed in the Department of 
Defense to a position having duties comparable to the duties performed 
immediately preceding such appointment shall continue to be compensated 
in such new position at not less than the rate provided for such 
previous position, for the duration of the service of such person in 
such new position.

SEC. 14. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents.--All orders, 
determinations, rules, regulations, permits, agreements, grants, 
contracts, certificates, licenses, registrations, privileges, and other 
administrative actions--
            (1) which have been issued, made, granted, or allowed to 
        become effective by the President, any Federal agency or 
        official thereof, or by a court of competent jurisdiction, in 
        the performance of functions which are transferred under this 
        Act, and
            (2) which are in effect at the time this Act takes effect, 
        or were final before the effective date of this Act and are to 
        become effective on or after the effective date of this Act,
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the Secretary of State, the Secretary of Defense, or 
other authorized official, a court of competent jurisdiction, or by 
operation of law.
    (b) Proceedings Not Affected.--The provisions of this Act shall not 
affect any proceedings, including notices of proposed rulemaking, or 
any application for any license, permit, certificate, or financial 
assistance pending before the ACDA at the time this Act takes effect, 
with respect to functions transferred by this Act but such proceedings 
and applications shall be continued. Orders shall be issued in such 
proceedings, appeals shall be taken therefrom, and payments shall be 
made pursuant to such orders, as if this Act had not been enacted, and 
orders issued in any such proceedings shall continue in effect until 
modified, terminated, superseded, or revoked by a duly authorized 
official, by a court of competent jurisdiction, or by operation of law. 
Nothing in this subsection shall be deemed to prohibit the 
discontinuance or modification of any such proceeding under the same 
terms and conditions and to the same extent that such proceeding could 
have been discontinued or modified if this Act had not been enacted.
    (c) Suits Not Affected.--The provisions of this Act shall not 
affect suits commenced before the effective date of this Act, and in 
all such suits, proceedings shall be had, appeals taken, and judgments 
rendered in the same manner and with the same effect as if this Act had 
not been enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against the ACDA, or by or against any individual in 
the official capacity of such individual as an officer of the ACDA, 
shall abate by reason of the enactment of this Act.
    (e) Administrative Actions Relating To Promulgation of 
Regulations.--Any administrative action relating to the preparation or 
promulgation of a regulation by the ACDA relating to a function 
transferred under this Act may be continued by the Department of State 
or the Department of Defense with the same effect as if this Act had 
not been enacted.

SEC. 15. SEPARABILITY.

    If a provision of this Act or its application to any person or 
circumstance is held invalid, neither the remainder of this Act nor the 
application of the provision to other persons or circumstances shall be 
affected.

SEC. 16. TRANSITION.

    The Secretary of State and the Secretary of Defense are authorized 
to utilize--
            (1) the services of such officers, employees, and other 
        personnel of the ACDA with respect to functions transferred to 
        the Department of State or the Department of Defense, as the 
        case may be, by this Act; and
            (2) funds appropriated to such functions for such period of 
        time as may reasonably be needed to facilitate the orderly 
        implementation of this Act.

SEC. 17. REFERENCES.

    (a) In General.--Reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or relating to--
            (1) the Director of the ACDA, or the ACDA, with regard to 
        functions transferred under section 6(a)(1)(A), shall be deemed 
        to refer to the Secretary of State or to the Department of 
        State; and
            (2) the Director of the ACDA, or the ACDA, with regard to 
        functions transferred under section 6(a)(1)(B) or section 
        6(a)(1)(C), shall be deemed to refer to the Secretary of 
        Defense or the Department of Defense.
    (b) Inapplicability of Certain Provisions.--Any reference in law to 
the ACDA or the Director of the ACDA, other than the references 
described in subsection (a), shall have no force or effect.

SEC. 18. CONFORMING AMENDMENTS.

    (a) The Arms Export Control Act is amended--
            (1) in section 36(b)(1)(D) (22 U.S.C. 2776(b)(1)(D)), by 
        striking ``Director of the Arms Control and Disarmament Agency 
        in consultation with the Secretary of State and'' and inserting 
        ``Secretary of State in consultation with'';
            (2) in section 38(a)(2) (22 U.S.C. 2778(a)(2)), by striking 
        ``Director of the Arms Control and Disarmament Agency and shall 
        take into account the Director's'' and inserting ``Secretary of 
        State and shall take into account the Secretary's''; and
            (3) in section 42(a) (22 U.S.C. 2791(a)), by striking 
        ``Director of the United States Arms Control and Disarmament 
        Agency, the Director's'' and inserting ``Secretary of State, 
        the Secretary's''.
    (b) Section 1706(b) of the United States Institute of Peace Act (22 
U.S.C. 4605(b)) is amended--
            (1) by striking out paragraph (3);
            (2) by redesignating paragraphs (4) and (5) as paragraphs 
        (3) and (4), respectively; and
            (3) in paragraph (4) (as redesignated by paragraph (2)), by 
        striking ``Eleven'' and inserting ``Twelve''.
    (c) The Atomic Energy Act of 1954 is amended--
            (1) in section 57 b. (42 U.S.C. 2077(b))--
                    (A) in the first sentence, by striking ``the Arms 
                Control and Disarmament Agency,'', and
                    (B) in the second sentence, by striking ``the 
                Director of the Arms Control and Disarmament Agency,'', 
                and
            (2) in section 123 (42 U.S.C. 2153)--
                    (A) in subsection a. (in the text below paragraph 
                (9)--
                            (i) by striking ``and in consultation with 
                        the Director of the Arms Control and 
                        Disarmament Agency (`the Director'), and
                            (ii) by striking ``and the Director'' and 
                        inserting ``and the Secretary of Defense'',
                    (B) in subsection d., in the first proviso, by 
                striking ``Director of the Arms Control and Disarmament 
                Agency'' and inserting ``Secretary of Defense'', and
                    (C) in the first undesignated paragraph following 
                subsection d., by striking ``the Arms Control and 
                Disarmament Agency,''.
    (d) The Nuclear Non-Proliferation Act of 1978 is amended--
            (1) in section 4, by striking paragraph (2);
            (2) in section 102, by striking ``the Secretary of State, 
        and the Director of the Arms Control and Disarmament Agency'' 
        and inserting ``and the Secretary of State''; and
            (3) in section 602(c), by striking ``the Arms Control and 
        Disarmament Agency,''.
    (e) Title 5, United States Code, is amended--
            (1) in section 5313, by striking ``Director of the United 
        States Arms Control and Disarmament Agency.'',
            (2) in section 5314, by striking ``Deputy Director of the 
        United States Arms Control and Disarmament Agency.'', and
            (3) in section 5315, by striking ``Assistant Directors, 
        United States Arms Control and Disarmament Agency (4).''.

SEC. 19. EFFECTIVE DATE.

    This Act shall take effect 1 year from its date of enactment.

                                 <all>

S 1085 IS----2
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