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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1182 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1182

 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

_______________________________________________________________________

                                 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.

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

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

    (a) Short Title.--This Act may be cited as the ``Arms Control and 
Nonproliferation Act of 1993''.
    (b) References in Act.--Except as specifically provided in this 
Act, whenever in this Act an amendment or repeal is expressed as an 
amendment to or repeal of a provision, the reference shall be deemed to 
be made to the Arms Control and Disarmament Act.
    (c) Table of Contents.--The table of contents for 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.

SEC. 2. CONGRESSIONAL DECLARATIONS; PURPOSE.

    (a) Congressional Declarations.--The Congress declares that--
            (1) a fundamental goal of the United States, particularly 
        in the wake of the highly turbulent and uncertain international 
        situation fostered by the end of the Cold War, the 
        disintegration of the Soviet Union and the resulting emergence 
        of fifteen new independent states, and the revolutionary 
        changes in the Eastern Europe, is to reduce and control the 
        large numbers of nuclear and chemical weapons in the former 
        Soviet Union and, more generally, to prevent the proliferation 
        of weapons of mass destruction and of high-technology 
        conventional armaments as well as to prevent regional conflicts 
        and conventional arms races; and
            (2) an ultimate goal of the United States continues to be a 
        world in which the use of force is subordinated to the rule of 
        law and international change is achieved peacefully without the 
        danger and burden of destabilizing and costly armaments.
    (b) Purpose.--The purpose of this Act is--
            (1) to strengthen the United States Arms Control and 
        Disarmament Agency; and
            (2) to improve congressional oversight of the arms control, 
        nonproliferation, and disarmament activities of the United 
        States Arms Control and Disarmament Agency.

SEC. 3. PURPOSES.

    Section 2 (22 U.S.C. 2551) is amended in the text following the 
third undesignated paragraph by striking paragraphs (a), (b), (c), and 
(d) and by inserting the following new paragraphs:
            ``(1) The formulation, conduct, support, and coordination 
        of United States arms control policy, negotiations, and 
        implementation fora.
            ``(2) The formulation, conduct, support, and coordination 
        of United States nonproliferation policy, negotiations, and 
        implementation fora.
            ``(3) The conduct, support, and coordination of research 
        for arms control and nonproliferation policy.
            ``(4) The preparation for, operation of, support for, and 
        direction of the United States support for or participation in 
        such verification or control systems as may be required by arms 
        control or nonproliferation agreements or such verification or 
        control systems that may otherwise become part of United States 
        arms control or nonproliferation activities.
            ``(5) The dissemination and coordination of public 
        information concerning arms control and nonproliferation.''.

SEC. 4. DEFINITIONS.

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

                             ``definitions

    ``Sec. 3. As used in this Act--
            ``(1) the term `Agency' means the United States Arms 
        Control and Disarmament Agency;
            ``(2) the term `agreement' means any bilateral or 
        multilateral legally-binding international agreement, political 
        agreement or understanding, or cooperative security 
        arrangement, such as a confidence- and security-building 
        measure;
            ``(3) the term `arms control' means the limitation, 
        reduction, elimination, or verification (including on-site 
        inspection) of armed forces or armaments of all types by 
        agreement and includes all matters relating to disarmament;
            ``(4) 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; and
            ``(5) the term `nonproliferation' means any agreement, 
        program, policy, or action to prevent, impede, limit, or 
        discourage nations or subnational groups from acquiring, 
        developing, testing, producing, or exporting weapons of mass 
        destruction and their delivery systems, or advanced 
        conventional weapons or advanced military capabilities, as well 
        as any agreement, program, policy, or action to induce nations 
        or subnational groups not to retain such weapons, capabilities, 
        or delivery systems.''.

SEC. 5. REPEALS.

    The following provisions of law are hereby repealed:
            (1) Section 26 (22 U.S.C. 2566), relating to the General 
        Advisory Committee.
            (2) Section 36 (22 U.S.C. 2578), relating to arms control 
        impact information and analysis.
            (3) Section 38 (22 U.S.C. 2578), relating to reports on 
        Standing Consultative Commission activities.
            (4) Section 52 (22 U.S.C. 2592), relating to reports on 
        adherence to and compliance with agreements.
            (5) Section 906 of the National Defense Authorization Act, 
        Fiscal Year 1989 (22 U.S.C. 2592b), relating to an annual 
        report on arms control strategy.
            (6) Section 1002 of the Department of Defense Authorization 
        Act, 1986 (22 U.S.C. 2592a), relating to an annual report on 
        Soviet compliance with arms control commitments.

SEC. 6. DIRECTOR.

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

                               ``director

    ``Sec. 22. (a) Appointment.--The Agency shall be headed by a 
Director 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.
    ``(b) Duties.--(1) The Director shall serve as the principal 
adviser to the President and other executive branch Government 
officials on matters relating to arms control and nonproliferation. In 
carrying out his duties under this Act, the Director shall have primary 
responsibility within the Government for matters relating to arms 
control and nonproliferation.
    ``(2) 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 
nonproliferation matters.
    ``(3) The Director shall carry out his duties under the direction 
of the President and subject to the foreign policy guidance of the 
Secretary of State.''.

SEC. 7. BUREAUS, OFFICES, AND DIVISIONS.

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

``SEC. 25. BUREAUS, OFFICES, AND DIVISIONS.

    ``The Director may establish within the Agency such bureaus, 
offices, and divisions as he may determine to be necessary to discharge 
his responsibilities pursuant to this Act, including a bureau of 
intelligence and information support and an office to perform legal 
services for the Agency.''.

SEC. 8. PRESIDENTIAL SPECIAL REPRESENTATIVES.

    (a) Sections 27 and 28 (22 U.S.C. 2567, 2568) are redesignated as 
sections 26 and 27, respectively.
    (b) Section 26 (as redesignated by subsection (a)) is amended to 
read as follows:

                 ``presidential special representatives

    ``Sec. 26. The President may appoint, by and with the advice and 
consent of the Senate, Special Representatives of the President for 
Arms Control and Nonproliferation. Each Presidential Special 
Representative shall hold the personal rank of ambassador. Presidential 
Special Representatives shall perform their duties and exercise their 
powers under direction of the President, acting through the Director. 
The Agency shall be the Government agency responsible for providing 
administrative support, including funding, staff, and office space, to 
all Presidential Special Representatives.''.

SEC. 9. POLICY FORMULATION.

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

                          ``policy formulation

    ``Sec. 33. (a) Formulation.--The Director shall prepare for the 
President, and the heads of such other Government agencies as the 
President may determine, recommendations and guidance concerning United 
States arms control and nonproliferation policy.
    ``(b) Prohibition.--No action shall be taken pursuant to this or 
any other Act that would obligate the United States to reduce or limit 
the Armed Forces or armaments of the United States in a militarily 
significant manner, except pursuant to the treaty-making power of the 
President set forth in Article II, Section 2, Clause 2 of the 
Constitution or unless authorized by the enactment of further 
affirmative legislation by the Congress of the United States.''.

SEC. 10. NEGOTIATION MANAGEMENT.

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

                        ``negotiation management

    ``Sec. 34. The Director, under the direction of the President, 
shall have primary responsibility for the preparation, conduct, and 
management of United States participation in all international 
negotiations and implementation fora in the fields of arms control and 
nonproliferation. In furtherance of this responsibility--
            ``(1) the Director shall have primary responsibility for 
        the preparation, formulation, support, coordination, and 
        transmission of instructions and guidance for all such 
        negotiations and fora, and shall manage interagency groups 
        established within the executive branch of Government to 
        support such negotiations and fora;
            ``(2) all United States Government representatives, whether 
        or not Special Representatives under section 26, who are 
        conducting negotiations or acting pursuant to agreements in the 
        fields of arms control or nonproliferation shall perform their 
        duties and exercise their powers, under the direction of the 
        President, acting through the Director; and
            ``(3) Special Representatives of the President for 
        Nonproliferation, established pursuant to section 26, shall, 
        acting under the direction of the President and through the 
        Director, serve as the United States Government representatives 
        to international organizations relating to the field of 
        nonproliferation, including the International Atomic Energy 
        Agency, the Missile Technology Control Regime, the Nuclear 
        Suppliers Group, and the Australia Group with respect to 
        chemical weapons, as well as perform other duties and exercise 
        other powers as the President or Director may prescribe.''.

SEC. 11. REPORT ON MEASURES TO COORDINATE RESEARCH AND DEVELOPMENT.

    Not later than March 31, 1994, the President shall submit to the 
Congress a report prepared by the Director of the United States Arms 
Control and Disarmament Agency, in coordination with the Secretary of 
State, the Secretary of Defense, the Secretary of Energy, the Chairman 
of the Joint Chiefs of Staff, and the Director of Central Intelligence 
with respect to the procedures established pursuant to section 35 of 
the Arms Control and Disarmament Act (22 U.S.C. 2575) for the effective 
coordination of research and development on arms control and 
disarmament among all departments and agencies of the executive branch 
of Government.

SEC. 12. NEGOTIATING RECORDS.

    (a) In General.--The Arms Control and Disarmament Act is amended by 
inserting after section 35 the following:

                         ``negotiating records

    ``Sec. 36. (a) Preparation of Records.--The Director shall 
establish a permanent unit within the Agency that shall be responsible 
for organizing and maintaining a negotiating and implementation record 
for each arms control or nonproliferation agreement to which the United 
States is a participating state and which was under negotiation or in 
force on or after January 1, 1990.
    ``(b) Contents of Records.--Each such negotiating and 
implementation record shall be comprehensive and detailed, and shall 
include classified and unclassified materials such as instructions and 
guidance, position papers, reporting cables and memoranda of 
conversation, working papers, draft texts of the agreement, diplomatic 
notes, notes verbal, and other internal and external correspondence. 
Such records shall be maintained both in hard copy and magnetic media. 
In order to implement effectively this section, the Director shall 
ensure that Agency personnel participate throughout the negotiation and 
implementation phases of all arms control and nonproliferation 
agreements.''.
    (b) Report Required.--Not later than January 31, 1994, the Director 
of the United States Arms Control and Disarmament Agency shall submit 
to the Speaker of the House of Representatives and to the chairman of 
the Committee on Foreign Relations of the Senate a detailed report 
describing the actions he has undertaken to implement section 36 of the 
Arms Control and Disarmament Act.

SEC. 13. VERIFICATION OF COMPLIANCE.

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

                      ``verification of compliance

    ``Sec. 37. (a) In General.--In order to ensure that arms control 
and nonproliferation agreements can be adequately verified, the 
Director shall report to Congress, on a timely basis, or upon request 
by an appropriate committee of the Congress--
            ``(1) in the case of any arms control or nonproliferation 
        agreement or treaty that has been concluded by the United 
        States, the determination of the Director as to the degree to 
        which the components of such agreement or treaty can be 
        verified;
            ``(2) in the case of any arms control or nonproliferation 
        agreement or treaty that has entered into force, any 
        significant degradation or alteration in the capacity of the 
        United States to verify compliance of the components of such 
        agreement or treaty; and
            ``(3) the amount and percentage of research funds expended 
        by the Agency for the purpose of analyzing issues relating to 
        arms control and nonproliferation verification.
    ``(b) Standard for Verification of Compliance.--In making 
determinations under paragraphs (1) and (2) of subsection (a), the 
Director shall assume all measures of concealment not expressly 
prohibited could be employed and that standard practices could be 
altered so as to impede verification.
    ``(c) Rule of Construction.--Except as otherwise provided for by 
law, nothing in this section may be construed as requiring the 
disclosure of sensitive information relating to intelligence sources or 
methods or persons employed in the verification of compliance with arms 
control or nonproliferation agreements.
    ``(d) Participation of the Director.--In order to ensure adherence 
of the United States to obligations or commitments undertaken in arms 
control and nonproliferation agreements, and in order for the Director 
to make the assessment required by section 51(a)(6), the Director shall 
participate in all interagency groups or organizations within the 
executive branch of Government that assess, analyze, or review United 
States planned or ongoing policies, programs, or actions that affect or 
could affect United States adherence to obligations undertaken in arms 
control or nonproliferation agreements.''.

SEC. 14. ROLE OF ACDA WITH RESPECT TO DUAL-USE EXPORTS.

    Title III of the Arms Control and Disarmament Act is amended--
            (1) by redesignating section 39 as section 38; and
            (2) by adding at the end the following new section:

            ``role of acda with respect to dual-use exports

    ``Sec. 39. (a) Export Controls on National Security Grounds.--The 
Director, the Secretary of Defense, and the heads of the other 
appropriate departments and agencies shall identify goods and 
technologies for inclusion on the national security control list 
established pursuant to section 5(c)(1) of the Export Administration 
Act of 1979 (50 U.S.C. App. 2404(c)(1)). No item shall be added to, or 
removed from, such list without the concurrence of the Director, the 
Secretary of Defense, and the Secretary of Commerce. If the Director, 
the Secretary of Defense, and the Secretary of Commerce are unable to 
concur, the matter shall be referred to the President for resolution.
    ``(b) Review.--The Director shall have the right to review any 
export license application relating to section 5 of such Act if the 
Director requests such review. No application that the Director has 
requested to review shall be granted or denied without the concurrence 
of the Director. If concurrence is unable to be reached, the matter 
shall be referred to the President for resolution.
    ``(c) International Negotiations.--The Director, in consultation 
with the Secretary of State, the Secretary of Defense, the Secretary of 
Commerce, and the heads of other appropriate departments and agencies 
shall be responsible for conducting negotiations with other countries 
regarding their cooperation in restricting the export of goods and 
technology, including negotiations with respect to which goods and 
technology should be subject to mutually agreed export restrictions and 
what conditions should apply for exceptions from those restrictions.
    ``(d) Export Controls on Foreign Policy Grounds.--The Director, the 
Secretary of State, and the Secretary of Commerce shall identify goods 
and technologies for inclusion on the foreign policy control list 
established pursuant to section 6 of such Act (50 U.S.C. App. 2403(b)). 
No item shall be added to, or removed from, such list without the 
concurrence of the Director, Secretary of State, and the Secretary of 
Commerce. If the Director, Secretary of State, and the Secretary of 
Commerce are unable to concur, the matter shall be referred to the 
President for resolution.
    ``(e) Review.--The Director shall have the right to review any 
export license application relating to section 6 of such Act that the 
Director requests to review. No application that the Director has 
requested to review shall be granted or denied without the concurrence 
of the Director. If concurrence is unable to be reached, the matter 
shall be referred to the President for resolution.
    ``(f) Information from the Department of Commerce.--The Secretary 
of Commerce shall furnish to the Agency all information with respect to 
the foreign availability of any goods or technology subject to export 
controls pursuant to such Act. Such transfer of information shall be 
accomplished in a timely manner by electronic means at the expense of 
the Agency.
    ``(g) Prohibition on Delegation or Transfer of Powers.--The 
President may not delegate or transfer his power, authority, or 
discretion to overrule or modify any recommendation or decision made by 
the Secretary of Commerce, the Director, the Secretary of Defense, or 
the Secretary of State pursuant to the provisions of such Act.
    ``(h) Superseding Existing Law.--The provisions of this subsection 
supersede the provisions of the Export Administration Act of 1979, and 
any regulation, rule, or order issued thereunder, to the extent that 
those provisions are inconsistent.''.

SEC. 15. AUTHORITIES WITH RESPECT TO NONPROLIFERATION MATTERS.

    (a) Amendments to the Arms Export Control Act.--(1) Section 
38(a)(2) of the Arms Export Control Act (22 U.S.C. 2778(a)(2)) is 
amended to read as follows:
    ``(2) Decisions on issuing export licenses under this section shall 
be made only with the concurrence of the Director of the United States 
Arms Control and Disarmament Agency, taking into account the Director's 
assessment as to whether the export of an article would contribute to 
an arms race, support international terrorism, increase the possibility 
of outbreak or escalation of conflict, or prejudice the development of 
bilateral or multilateral arms control or nonproliferation agreements 
or other arrangements.''.
    (2) Section 42(a) of such Act (22 U.S.C. 2791(a)) is amended--
            (A) by redesignating clauses (1), (2), and (3) as clauses 
        (A), (B), and (C), respectively;
            (B) by inserting ``(1)'' immediately after ``(a)''; and
            (C) by amending clause (C) to read as follows:
            ``(C) the assessment of the Director of the United States 
        Arms Control and Disarmament Agency as to whether, and the 
        extent to which, such sale might contribute to an arms race, 
        support international terrorism, increase the possibility of 
        outbreak or escalation of conflict, or prejudice the 
        development of bilateral or multilateral arms control or 
        nonproliferation agreements or other arrangements;''; and
            (D) by adding at the end the following:
    ``(2) Any proposed sale made pursuant to this Act shall be approved 
only with the concurrence of the Director of the United States Arms 
Control and Disarmament Agency.''.
    (3) Section 71(a) of such Act (22 U.S.C. 2797(a)) is amended by 
inserting ``and the Director of the Arms Control and Disarmament Agency 
jointly'' after ``The Secretary of State''.
    (4) Section 71(b)(1) of such Act (22 U.S.C. 2797(b)(1)) is amended 
by striking ``A determination of the Secretary of State'' and inserting 
``A joint determination of the Secretary of State and the Director of 
the United States Arms Control and Disarmament Agency''.
    (5) Section 71(b)(2) of such Act (22 U.S.C. 2797(b)(2)) is amended 
by inserting ``and the Director of the United States Arms Control and 
Disarmament Agency'' after ``The Secretary of State''.
    (6) Section 71(c) of such Act (22 U.S.C. 2797(c)) is amended by 
striking ``The Secretary of State shall'' and inserting ``The Secretary 
of State and the Director of the Arms Control and Disarmament Agency 
shall jointly''.
    (7) Section 73(d) of such Act (22 U.S.C. 2797(d)) is amended by 
inserting ``and the Director of the United States Arms Control and 
Disarmament Agency'' after ``The Secretary of State''.
    (b) Amendments to the Atomic Energy Act.--(1) Section 51 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2071) is amended by adding at the 
end thereof the following new sentence: ``For purposes of this section, 
any determination that other material is special nuclear material shall 
be made only with the concurrence of the Director of the Arms Control 
and Disarmament Agency.''.
    (2) Section 57 b. of such Act (42 U.S.C. 2077(b)) is amended by 
striking ``and after consultation with the Arms Control and Disarmament 
Agency,'' and inserting ``and the Director of the United States Arms 
Control and Disarmament Agency and after consultation with''.
    (3) Section 109 a. of such Act (42 U.S.C. 2139(a)) is amended by 
inserting ``with the concurrence of the Director of the Arms Control 
and Disarmament Agency,'' after ``if the Commission''.
    (4) Section 109 b. of such Act (42 U.S.C. 2139(b)) is amended in 
the first sentence by inserting ``, with the concurrence of the 
Director of the United States Arms Control and Disarmament Agency'' 
after ``Commission''.
    (5) Section 111 b.(1) of such Act (42 U.S.C. 2141(b)(1)) is amended 
by striking ``and has consulted with the Arms Control and Disarmament 
Agency, the Nuclear Regulatory Commission,'' and inserting ``and the 
Director of the United States Arms Control and Disarmament Agency and 
has consulted with the Nuclear Regulatory Commission''.
    (6) Section 123 a. of such Act (42 U.S.C. 2153(a)) is amended in 
the undesignated paragraph following paragraph (9)--
            (A) in the second sentence, by striking out ``negotiated by 
        the Secretary of State'' and inserting ``negotiated by the 
        Director of the United States Arms Control and Disarmament 
        Agency'';
            (B) in the second sentence, by striking out ``shall be 
        submitted to the President jointly by the Secretary of State 
        and the Secretary of Energy accompanied by the views and 
        recommendations of the Secretary of State,'' and inserting 
        ``shall be submitted to the President jointly by the Director 
        of the United States Arms Control and Disarmament Agency, the 
        Secretary of State, and the Secretary of Energy accompanied by 
        the views and recommendations of the Director of the United 
        States Arms Control and Disarmament Agency, the Secretary of 
        State,'';
            (C) in the third sentence, by inserting ``jointly'' after 
        ``any proposed agreement for cooperation shall be'';
            (D) in the third sentence, by inserting ``and the Director 
        of the United States Arms Control and Disarmament Agency'' 
        after ``by the Secretary of Energy''; and
            (E) in the third sentence, by inserting ``and the Director 
        of the United States Arms Control and Disarmament Agency'' 
        after ``, by the Secretary of Defense''.
    (7) Section 126 a. (1) of such Act (42 U.S.C. 2155(a)(1)) is 
amended by inserting ``, with the concurrence of the Director of the 
United States Arms Control and Disarmament Agency,'' after ``the 
Commission has been notified by the Secretary of State''.
    (8) Section 131 a. (1) of such Act (42 U.S.C. 2160(a)(1)) is 
amended--
            (A) in the first sentence, by inserting ``the Director of 
        the United States Arms Control and Disarmament Agency and'' 
        after ``the Secretary of Energy shall obtain the concurrence 
        of''; and
            (B) in the proviso, by striking ``the Secretary of State'' 
        and inserting ``the Director of the United States Arms Control 
        and Disarmament Agency''.
    (9) Section 131 b. (2) of such Act (42 U.S.C. 2160(b)(2)) is 
amended by inserting ``the Director of the United States Arms Control 
and Disarmament Agency and'' after ``unless in his judgment, and that 
of''.
    (10) Section 131 b. (3) of such Act (42 U.S.C. 2160(b)(3)) is 
amended by inserting ``the Director of the United States Arms Control 
and Disarmament Agency and'' after ``to those which in this view, and 
that of''.
    (11) Section 142 of such Act (42 U.S.C. 2162) is amended by adding 
at the end thereof the following new subsection:
    ``(g) All determinations under this section to remove data from the 
Restricted Data category shall be made only after consultation with, 
and upon the concurrence of, the Director of the United States Arms 
Control and Disarmament Agency.''.

SEC. 16. APPOINTMENT AND COMPENSATION OF PERSONNEL.

    Section 41(b) (22 U.S.C. 2581(b)) is amended by striking all that 
follows ``General Schedule pay rates,'' and inserting in lieu thereof 
``except that--
            ``(1) the Director may, to the extent the Director 
        determines necessary, appoint in the excepted service, and fix 
        the compensation of, employees possessing specialized technical 
        expertise without regard to provisions of title 5, United 
        States Code, governing appointment or compensation of employees 
        of the United States,
            ``(2) an employee who is appointed under this provision may 
        not be paid a salary in excess of the rate payable for 
        positions of equivalent difficulty or responsibility, and in no 
        event, may be paid at a rate exceeding the maximum rate in 
        effect for level 15 of the General Schedule, and
            ``(3) the number of employees appointed under this 
        paragraph shall not exceed ten percent of the number of 
        positions allowed under the Agency's full-time equivalent 
        limitation.''.

SEC. 17. SECURITY REQUIREMENTS.

    Section 45(a) (22 U.S.C. 2585) is amended in the third sentence--
            (1) by inserting ``or employed directly from other 
        Government agencies'' after ``persons detailed from other 
        Government agencies''; and
            (2) by striking ``by the Department of Defense or the 
        Department of State'' and inserting ``by such agencies''.

SEC. 18. ANNUAL REPORT TO CONGRESS; AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Title IV of the Arms Control and Disarmament Act 
is amended--
            (1) by striking sections 49 and 50;
            (2) by redesignating sections 51 and 53 as sections 49 and 
        50, respectively;
            (3) by inserting after section 50 (as redesignated by 
        paragraph (2)) the following new sections:

                      ``annual report to congress

    ``Sec. 51. (a) In General.--Not later than January 31 of each year, 
the President shall submit to the Speaker of the House of 
Representatives and to the chairman of the Committee on Foreign 
Relations of the Senate a report prepared by the Director, in 
consultation with the Secretary of State, the Secretary of Defense, the 
Secretary of Energy, the Chairman of the Joint Chiefs of Staff, and 
Director of Central Intelligence, on the status of United States policy 
and actions with respect to arms control and nonproliferation. Such 
report shall include--
            ``(1) a detailed statement concerning the arms control 
        objectives of the executive branch of Government for the 
        forthcoming year;
            ``(2) a detailed statement concerning the nonproliferation 
        objectives of the executive branch of Government for the 
        forthcoming year;
            ``(3) a detailed assessment of the status of any ongoing 
        arms control negotiations, including a comprehensive 
        description of negotiations during the preceding year and an 
        appraisal of the status and prospects for the forthcoming year;
            ``(4) a detailed assessment of the status of any ongoing 
        nonproliferation negotiations or other activities, including a 
        comprehensive description of the negotiations or other 
        activities during the preceding year and an appraisal of the 
        status and prospects for the forthcoming year;
            ``(5) a detailed assessment of adherence of the United 
        States to obligations undertaken in arms control and 
        nonproliferation agreements, including information on the 
        policies and organization of each relevant agency or department 
        of the United States to ensure adherence to such obligations, a 
        description of national security programs with a direct bearing 
        on questions of adherence to such obligations and of steps 
        being taken to ensure adherence, and a compilation of any 
        substantive questions raised during the preceding year and any 
        corrective action taken; and
            ``(6) a detailed assessment of the adherence of other 
        nations to obligations undertaken in all arms control and 
        nonproliferation agreements to which the United States is a 
        participating state, including information on actions taken by 
        each nation with regard to the size, structure, and disposition 
        of its military forces in order to comply with arms control or 
        nonproliferation agreements, and shall include, in the case of 
        each agreement about which compliance questions exist--
                    ``(A) a description of each significant issue 
                raised and efforts made and contemplated with the other 
                participating state to seek resolution of the 
                difficulty;
                    ``(B) an assessment of damage, if any, to the 
                United States security and other interests; and
                    ``(C) recommendations as to any steps that should 
                be considered to redress any damage to United States 
                national security and to reduce compliance problems.
    ``(b) Classification of the Report.--The report required by this 
section shall be submitted in unclassified form, with classified 
annexes, as appropriate.

                   ``authorization of appropriations

    ``Sec. 52. (a) Authorization of Appropriations.--To carry out the 
purposes of this Act, there are authorized to be appropriated--
            ``(1) $62,500,000 for fiscal year 1994 and $64,375,000 for 
        fiscal year 1995; and
            ``(2) such additional amounts as may be necessary for each 
        fiscal year for which an authorization of appropriations is 
        provided for in paragraph (1) of this subsection for increases 
        in salary, pay, retirement, other employee benefits authorized 
        by law, and other nondiscretionary costs, and to offset adverse 
        fluctuations in foreign currency exchange rates.
    ``(b) Transfer of Funds.--Funds appropriated pursuant to this 
section may be allocated or transferred to any agency for carrying out 
the purposes of this Act. Such funds shall be available for obligation 
and expenditure in accordance with the authorities of this Act or in 
accordance with the authorities governing the activities of the 
agencies to which such funds are allocated or transferred.
    ``(c) Limitation.--Not more than 12 percent of any appropriation 
made pursuant to this Act shall be obligated or reserved during the 
last month of the fiscal year.''.
    (b) Effective Date.--So much of the amendment made by subsection 
(a) as inserts section 52 of the Arms Control and Disarmament Act shall 
take effect on October 1, 1993.

                                 <all>

S 1182 IS----2
S 1182 IS----3
```