II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

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

4 CONTENTS.

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

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

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

8 provided in this Act, whenever in this Act an amendment
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1 or repeal is expressed as an amendment to or repeal of

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

3 the Arms Control and Disarmament Act.

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

5 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.

6 SEC. 2. CONGRESSIONAL DECLARATIONS; PURPOSE.

7 (a) CONGRESSIONAL DECLARATIONS.—The Congress

8 declares that—

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

10 particularly in the wake of the highly turbulent and

11 uncertain international situation fostered by the end

12 of the Cold War, the disintegration of the Soviet

13 Union and the resulting emergence of fifteen new

14 independent states, and the revolutionary changes in

15 the Eastern Europe, is to reduce and control the

16 large numbers of nuclear and chemical weapons in

17 the former Soviet Union and, more generally, to pre-
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1 vent the proliferation of weapons of mass destruction

2 and of high-technology conventional armaments as

3 well as to prevent regional conflicts and conventional

4 arms races; and

5 (2) an ultimate goal of the United States con6 tinues to be a world in which the use of force is sub7 ordinated to the rule of law and international change

8 is achieved peacefully without the danger and bur9 den of destabilizing and costly armaments.

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

11 (1) to strengthen the United States Arms Con12 trol and Disarmament Agency; and

13 (2) to improve congressional oversight of the

14 arms control, nonproliferation, and disarmament ac15 tivities of the United States Arms Control and Dis16 armament Agency.

17 SEC. 3. PURPOSES.

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

19 following the third undesignated paragraph by striking

20 paragraphs (a), (b), (c), and (d) and by inserting the fol21 lowing new paragraphs:

22 ‘‘(1) The formulation, conduct, support, and co23 ordination of United States arms control policy, ne24 gotiations, and implementation fora.
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1 ‘‘(2) The formulation, conduct, support, and co2 ordination of United States nonproliferation policy,

3 negotiations, and implementation fora.

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

5 research for arms control and nonproliferation pol6 icy.

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

8 for, and direction of the United States support for

9 or participation in such verification or control sys10 tems as may be required by arms control or non11 proliferation agreements or such verification or con12 trol systems that may otherwise become part of

13 United States arms control or nonproliferation ac14 tivities.

15 ‘‘(5) The dissemination and coordination of

16 public information concerning arms control and non17 proliferation.’’.

18 SEC. 4. DEFINITIONS.

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

20 follows:

21 ‘‘DEFINITIONS

22 ‘‘SEC. 3. As used in this Act—

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

24 Arms Control and Disarmament Agency;

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

26 or multilateral legally-binding international agree-
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1 ment, political agreement or understanding, or coop2 erative security arrangement, such as a confidence3 and security-building measure;

4 ‘‘(3) the term ‘arms control’ means the limita5 tion, reduction, elimination, or verification (including

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

7 all types by agreement and includes all matters re8 lating to disarmament;

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

10 executive department, commission, agency, independ11 ent establishment, corporation wholly or partly

12 owned by the United States which is an instrumen13 tality of the United States, or any board, bureau, di14 vision, service, office, officer, authority, administra15 tion, or other establishment in the executive branch

16 of Government; and

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

18 agreement, program, policy, or action to prevent, im19 pede, limit, or discourage nations or subnational

20 groups from acquiring, developing, testing, produc21 ing, or exporting weapons of mass destruction and

22 their delivery systems, or advanced conventional

23 weapons or advanced military capabilities, as well as

24 any agreement, program, policy, or action to induce
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1 nations or subnational groups not to retain such

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

3 SEC. 5. REPEALS.

4 The following provisions of law are hereby repealed:

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

6 General Advisory Committee.

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

8 arms control impact information and analysis.

9 (3) Section 38 (22 U.S.C. 2578), relating to re10 ports on Standing Consultative Commission activi11 ties.

12 (4) Section 52 (22 U.S.C. 2592), relating to re13 ports on adherence to and compliance with agree14 ments.

15 (5) Section 906 of the National Defense Au16 thorization Act, Fiscal Year 1989 (22 U.S.C.

17 2592b), relating to an annual report on arms control

18 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. 6. DIRECTOR.

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

25 follows:
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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 serv5 ing 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 President and other executive

9 branch Government officials on matters relating to arms

10 control and nonproliferation. In carrying out his duties

11 under this Act, the Director shall have primary respon12 sibility within the Government for matters relating to

13 arms control and nonproliferation.

14 ‘‘(2) The Director shall attend all meetings of the Na15 tional Security Council involving weapons procurement,

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

17 arms control and nonproliferation matters.

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

19 the direction of the President and subject to the foreign

20 policy guidance of the Secretary of State.’’.

21 SEC. 7. BUREAUS, OFFICES, AND DIVISIONS.

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

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

2 ‘‘The Director may establish within the Agency such

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

4 necessary to discharge his responsibilities pursuant to this

5 Act, including a bureau of intelligence and information

6 support and an office to perform legal services for the

7 Agency.’’.

8 SEC. 8. 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 and Nonprolifera17 tion. Each Presidential Special Representative shall hold

18 the personal rank of ambassador. Presidential Special

19 Representatives shall perform their duties and exercise

20 their powers under direction of the President, acting

21 through the Director. The Agency shall be the Govern22 ment agency responsible for providing administrative sup23 port, including funding, staff, and office space, to all Pres24 idential Special Representatives.’’.
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1 SEC. 9. 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

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

7 Government agencies as the President may determine, rec8 ommendations and guidance concerning United States

9 arms control and nonproliferation policy.

10 ‘‘(b) PROHIBITION.—No action shall be taken pursu11 ant to this or any other Act that would obligate the United

12 States to reduce or limit the Armed Forces or armaments

13 of the United States in a militarily significant manner,

14 except pursuant to the treaty-making power of the Presi15 dent set forth in Article II, Section 2, Clause 2 of the

16 Constitution or unless authorized by the enactment of fur17 ther affirmative legislation by the Congress of the United

18 States.’’.

19 SEC. 10. NEGOTIATION MANAGEMENT.

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

21 follows:

22 ‘‘NEGOTIATION MANAGEMENT

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

24 President, shall have primary responsibility for the prepa25 ration, conduct, and management of United States partici26 pation in all international negotiations and implementa-
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1 tion fora in the fields of arms control and nonproliferation.

2 In furtherance of this responsibility—

3 ‘‘(1) the Director shall have primary respon4 sibility for the preparation, formulation, support, co5 ordination, and transmission of instructions and

6 guidance for all such negotiations and fora, and

7 shall manage interagency groups established within

8 the executive branch of Government to support such

9 negotiations and fora;

10 ‘‘(2) all United States Government representa11 tives, whether or not Special Representatives under

12 section 26, who are conducting negotiations or act13 ing pursuant to agreements in the fields of arms

14 control or nonproliferation shall perform their duties

15 and exercise their powers, under the direction of the

16 President, acting through the Director; and

17 ‘‘(3) Special Representatives of the President

18 for Nonproliferation, established pursuant to section

19 26, shall, acting under the direction of the President

20 and through the Director, serve as the United States

21 Government representatives to international organi22 zations relating to the field of nonproliferation, in23 cluding the International Atomic Energy Agency, the

24 Missile Technology Control Regime, the Nuclear

25 Suppliers Group, and the Australia Group with re-
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1 spect to chemical weapons, as well as perform other

2 duties and exercise other powers as the President or

3 Director may prescribe.’’.

4 SEC. 11. REPORT ON MEASURES TO COORDINATE RE5 SEARCH AND DEVELOPMENT.

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

7 submit to the Congress a report prepared by the Director

8 of the United States Arms Control and Disarmament

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

10 Secretary of Defense, the Secretary of Energy, the Chair11 man of the Joint Chiefs of Staff, and the Director of

12 Central Intelligence with respect to the procedures estab13 lished pursuant to section 35 of the Arms Control and

14 Disarmament Act (22 U.S.C. 2575) for the effective co15 ordination of research and development on arms control

16 and disarmament among all departments and agencies of

17 the executive branch of Government.

18 SEC. 12. NEGOTIATING RECORDS.

19 (a) IN GENERAL.—The Arms Control and Disar20 mament Act is amended by inserting after section 35 the

21 following:

22 ‘‘NEGOTIATING RECORDS

23 ‘‘SEC. 36. (a) PREPARATION OF RECORDS.—The Di24 rector shall establish a permanent unit within the Agency

25 that shall be responsible for organizing and maintaining

26 a negotiating and implementation record for each arms
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1 control or nonproliferation agreement to which the United

2 States is a participating state and which was under nego3 tiation or in force on or after January 1, 1990.

4 ‘‘(b) CONTENTS OF RECORDS.—Each such negotiat5 ing and implementation record shall be comprehensive and

6 detailed, and shall include classified and unclassified mate7 rials such as instructions and guidance, position papers,

8 reporting cables and memoranda of conversation, working

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

10 notes verbal, and other internal and external correspond11 ence. Such records shall be maintained both in hard copy

12 and magnetic media. In order to implement effectively this

13 section, the Director shall ensure that Agency personnel

14 participate throughout the negotiation and implementa15 tion phases of all arms control and nonproliferation agree16 ments.’’.

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

18 1994, the Director of the United States Arms Control and

19 Disarmament Agency shall submit to the Speaker of the

20 House of Representatives and to the chairman of the

21 Committee on Foreign Relations of the Senate a detailed

22 report describing the actions he has undertaken to imple23 ment section 36 of the Arms Control and Disarmament

24 Act.
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1 SEC. 13. VERIFICATION OF COMPLIANCE.

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

3 follows:

4 ‘‘VERIFICATION OF COMPLIANCE

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

6 arms control and nonproliferation agreements can be ade7 quately verified, the Director shall report to Congress, on

8 a timely basis, or upon request by an appropriate commit9 tee of the Congress—

10 ‘‘(1) in the case of any arms control or non11 proliferation agreement or treaty that has been con12 cluded by the United States, the determination of

13 the Director as to the degree to which the compo14 nents of such agreement or treaty can be verified;

15 ‘‘(2) in the case of any arms control or non16 proliferation agreement or treaty that has entered

17 into force, any significant degradation or alteration

18 in the capacity of the United States to verify compli19 ance of the components of such agreement or treaty;

20 and

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

22 funds expended by the Agency for the purpose of

23 analyzing issues relating to arms control and non24 proliferation verification.

25 ‘‘(b) STANDARD FOR VERIFICATION OF COMPLI26 ANCE.—In making determinations under paragraphs (1)
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1 and (2) of subsection (a), the Director shall assume all

2 measures of concealment not expressly prohibited could be

3 employed and that standard practices could be altered so

4 as to impede verification.

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

6 provided for by law, nothing in this section may be con7 strued as requiring the disclosure of sensitive information

8 relating to intelligence sources or methods or persons em9 ployed in the verification of compliance with arms control

10 or nonproliferation agreements.

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

12 to ensure adherence of the United States to obligations

13 or commitments undertaken in arms control and non14 proliferation agreements, and in order for the Director to

15 make the assessment required by section 51(a)(6), the Di16 rector shall participate in all interagency groups or organi17 zations within the executive branch of Government that

18 assess, analyze, or review United States planned or ongo19 ing policies, programs, or actions that affect or could af20 fect United States adherence to obligations undertaken in

21 arms control or nonproliferation agreements.’’.

22 SEC. 14. ROLE OF ACDA WITH RESPECT TO DUAL-USE EX23 PORTS.

24 Title III of the Arms Control and Disarmament Act

25 is amended—
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1 (1) by redesignating section 39 as section 38;

2 and

3 (2) by adding at the end the following new sec4 tion:

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

6 ‘‘SEC. 39. (a) EXPORT CONTROLS ON NATIONAL SE7 CURITY GROUNDS.—The Director, the Secretary of De8 fense, and the heads of the other appropriate departments

9 and agencies shall identify goods and technologies for in10 clusion on the national security control list established

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

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

13 be added to, or removed from, such list without the con14 currence of the Director, the Secretary of Defense, and

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

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

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

18 resolution.

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

20 review any export license application relating to section

21 5 of such Act if the Director requests such review. No

22 application that the Director has requested to review shall

23 be granted or denied without the concurrence of the Direc24 tor. If concurrence is unable to be reached, the matter

25 shall be referred to the President for resolution.
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1 ‘‘(c) INTERNATIONAL NEGOTIATIONS.—The Direc2 tor, in consultation with the Secretary of State, the Sec3 retary of Defense, the Secretary of Commerce, and the

4 heads of other appropriate departments and agencies shall

5 be responsible for conducting negotiations with other

6 countries regarding their cooperation in restricting the ex7 port of goods and technology, including negotiations with

8 respect to which goods and technology should be subject

9 to mutually agreed export restrictions and what conditions

10 should apply for exceptions from those restrictions.

11 ‘‘(d) EXPORT CONTROLS ON FOREIGN POLICY

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

13 Secretary of Commerce shall identify goods and tech14 nologies for inclusion on the foreign policy control list es15 tablished pursuant to section 6 of such Act (50 U.S.C.

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

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

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

19 Director, Secretary of State, and the Secretary of Com20 merce are unable to concur, the matter shall be referred

21 to the President for resolution.

22 ‘‘(e) REVIEW.—The Director shall have the right to

23 review any export license application relating to section

24 6 of such Act that the Director requests to review. No

25 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 ‘‘(f) INFORMATION FROM THE DEPARTMENT OF

5 COMMERCE.—The Secretary of Commerce shall furnish to

6 the Agency all information with respect to the foreign

7 availability of any goods or technology subject to export

8 controls pursuant to such Act. Such transfer of informa9 tion shall be accomplished in a timely manner by electronic

10 means at the expense of the Agency.

11 ‘‘(g) PROHIBITION ON DELEGATION OR TRANSFER

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

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

14 any recommendation or decision made by the Secretary

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

16 the Secretary of State pursuant to the provisions of such

17 Act.

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

19 of this subsection supersede the provisions of the Export

20 Administration Act of 1979, and any regulation, rule, or

21 order issued thereunder, to the extent that those provi22 sions are inconsistent.’’.
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1 SEC. 15. 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

5 Act (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 only with the concurrence of the Di8 rector of the United States Arms Control and Disar9 mament Agency, taking into account the Director’s assess10 ment as to whether the export of an article would contrib11 ute to an arms race, support international terrorism, in12 crease the possibility of outbreak or escalation of conflict,

13 or prejudice the development of bilateral or multilateral

14 arms control or nonproliferation agreements or other ar15 rangements.’’.

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

17 is amended—

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

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

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

21 and

22 (C) by amending clause (C) to read as follows:

23 ‘‘(C) the assessment of the Director of the

24 United States Arms Control and Disarmament

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

26 sale might contribute to an arms race, support inter-
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1 national terrorism, increase the possibility of out2 break or escalation of conflict, or prejudice the de3 velopment of bilateral or multilateral arms control or

4 nonproliferation agreements or other arrange5 ments;’’; and

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

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

8 shall be approved only with the concurrence of the Direc9 tor of the United States Arms Control and Disarmament

10 Agency.’’.

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

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

13 Control and Disarmament Agency jointly’’ after ‘‘The Sec14 retary of State’’.

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

16 2797(b)(1)) is amended by striking ‘‘A determination of

17 the Secretary of State’’ and inserting ‘‘A joint determina18 tion of the Secretary of State and the Director of the Unit19 ed States Arms Control and Disarmament Agency’’.

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

21 2797(b)(2)) is amended by inserting ‘‘and the Director of

22 the United States Arms Control and Disarmament Agen23 cy’’ after ‘‘The Secretary of State’’.

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

25 is amended by striking ‘‘The Secretary of State shall’’ and
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1 inserting ‘‘The Secretary of State and the Director of the

2 Arms Control and Disarmament Agency shall jointly’’.

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

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

5 States Arms Control and Disarmament Agency’’ after

6 ‘‘The Secretary of State’’.

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

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

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

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

11 any determination that other material is special nuclear

12 material shall be made only with the concurrence of the

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

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

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

16 Arms Control and Disarmament Agency,’’ and inserting

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

18 Disarmament Agency and after consultation with’’.

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

20 is amended by inserting ‘‘with the concurrence of the Di21 rector of the Arms Control and Disarmament Agency,’’

22 after ‘‘if the Commission’’.

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

24 is amended in the first sentence by inserting ‘‘, with the
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1 concurrence of the Director of the United States Arms

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

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

4 2141(b)(1)) is amended by striking ‘‘and has consulted

5 with the Arms Control and Disarmament Agency, the Nu6 clear Regulatory Commission,’’ and inserting ‘‘and the Di7 rector of the United States Arms Control and Disar8 mament Agency and has consulted with the Nuclear Regu9 latory Commission’’.

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

11 is amended in the undesignated paragraph following para12 graph (9)—

13 (A) in the second sentence, by striking out ‘‘ne14 gotiated by the Secretary of State’’ and inserting

15 ‘‘negotiated by the Director of the United States

16 Arms Control and Disarmament Agency’’;

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

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

19 Secretary of State and the Secretary of Energy ac20 companied by the views and recommendations of the

21 Secretary of State,’’ and inserting ‘‘shall be submit22 ted to the President jointly by the Director of the

23 United States Arms Control and Disarmament

24 Agency, the Secretary of State, and the Secretary of

25 Energy accompanied by the views and recommenda-
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1 tions of the Director of the United States Arms

2 Control and Disarmament Agency, the Secretary of

3 State,’’;

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

5 after ‘‘any proposed agreement for cooperation shall

6 be’’;

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

8 Director of the United States Arms Control and

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

10 Energy’’; and

11 (E) 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 Defense’’.

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

16 2155(a)(1)) is amended by inserting ‘‘, with the concur17 rence of the Director of the United States Arms Control

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

19 been notified by the Secretary of State’’.

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

21 2160(a)(1)) is amended—

22 (A) in the first sentence, by inserting ‘‘the Di23 rector of the United States Arms Control and Disar24 mament Agency and’’ after ‘‘the Secretary of En25 ergy shall obtain the concurrence of’’; and
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1 (B) in the proviso, by striking ‘‘the Secretary of

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

3 States Arms Control and Disarmament Agency’’.

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

5 2160(b)(2)) is amended by inserting ‘‘the Director of the

6 United States Arms Control and Disarmament Agency

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

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

9 2160(b)(3)) is amended by inserting ‘‘the Director of the

10 United States Arms Control and Disarmament Agency

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

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

13 amended by adding at the end thereof the following new

14 subsection:

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

16 data from the Restricted Data category shall be made only

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

18 Director of the United States Arms Control and Disar19 mament Agency.’’.

20 SEC. 16. APPOINTMENT AND COMPENSATION OF PERSON21 NEL.

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

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

24 inserting in lieu thereof ‘‘except that—
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1 ‘‘(1) the Director may, to the extent the Direc2 tor determines necessary, appoint in the excepted

3 service, and fix the compensation of, employees pos4 sessing specialized technical expertise without regard

5 to provisions of title 5, United States Code, govern6 ing appointment or compensation of employees of

7 the United States,

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

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

10 rate payable for positions of equivalent difficulty or

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

12 exceeding the maximum rate in effect for level 15 of

13 the General Schedule, and

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

15 this paragraph shall not exceed ten percent of the

16 number of positions allowed under the Agency’s full17 time equivalent limitation.’’.

18 SEC. 17. SECURITY REQUIREMENTS.

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

20 third sentence—

21 (1) by inserting ‘‘or employed directly from

22 other Government agencies’’ after ‘‘persons detailed

23 from other Government agencies’’; and
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1 (2) by striking ‘‘by the Department of Defense

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

3 agencies’’.

4 SEC. 18. ANNUAL REPORT TO CONGRESS; AUTHORIZATION

5 OF APPROPRIATIONS.

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

7 Disarmament Act is amended—

8 (1) by striking sections 49 and 50;

9 (2) by redesignating sections 51 and 53 as sec10 tions 49 and 50, respectively;

11 (3) by inserting after section 50 (as redesig12 nated by paragraph (2)) the following new sections:

13 ‘‘ANNUAL REPORT TO CONGRESS

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

15 31 of each year, the President shall submit to the Speaker

16 of the House of Representatives and to the chairman of

17 the Committee on Foreign Relations of the Senate a re18 port prepared by the Director, in consultation with the

19 Secretary of State, the Secretary of Defense, the Secretary

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

21 Director of Central Intelligence, on the status of United

22 States policy and actions with respect to arms control and

23 nonproliferation. Such report shall include—

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

25 control objectives of the executive branch of Govern26 ment for the forthcoming year;
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1 ‘‘(2) a detailed statement concerning the non2 proliferation objectives of the executive branch of

3 Government for the forthcoming year;

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

5 ongoing arms control negotiations, including a com6 prehensive description of negotiations during the

7 preceding year and an appraisal of the status and

8 prospects for the forthcoming year;

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

10 ongoing nonproliferation negotiations or other activi11 ties, including a comprehensive description of the ne12 gotiations or other activities during the preceding

13 year and an appraisal of the status and prospects

14 for the forthcoming year;

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

16 United States to obligations undertaken in arms

17 control and nonproliferation agreements, including

18 information on the policies and organization of each

19 relevant agency or department of the United States

20 to ensure adherence to such obligations, a descrip21 tion of national security programs with a direct

22 bearing on questions of adherence to such obliga23 tions and of steps being taken to ensure adherence,

24 and a compilation of any substantive questions
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1 raised during the preceding year and any corrective

2 action taken; and

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

4 other nations to obligations undertaken in all arms

5 control and nonproliferation agreements to which the

6 United States is a participating state, including in7 formation on actions taken by each nation with re8 gard to the size, structure, and disposition of its

9 military forces in order to comply with arms control

10 or nonproliferation agreements, and shall include, in

11 the case of each agreement about which compliance

12 questions exist—

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

14 raised and efforts made and contemplated with

15 the other participating state to seek resolution

16 of the difficulty;

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

18 the United States security and other interests;

19 and

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

21 should be considered to redress any damage to

22 United States national security and to reduce

23 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.

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