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103D CONGRESS

1ST SESSION H. R. 2155

To improve the negotiation and implementation of arms control treaties.

IN THE HOUSE OF REPRESENTATIVES

MAY 19, 1993

Mr. LANTOS (for himself and Mr. BERMAN) introduced the following bill;

which was referred to the Committee on Foreign Affairs

A BILL

To improve the negotiation and implementation of arms

control treaties.

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

3 SECTION 1. PURPOSES.

4 The purposes of this Act are—

5 (1) to provide renewed impetus in improving

6 the United States Government’s ability to manage

7 the complex process of negotiating and implementing

8 arms control treaties;

9 (2) to provide central leadership and coordina10 tion to United States nonproliferation policy; and
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1 (3) to improve congressional oversight of the

2 operating budget of the United States Arms Control

3 and Disarmament Agency.

4 SEC. 2. ACDA DIRECTOR.

5 (a) DIRECTOR.—Section 22 of the Arms Control and

6 Disarmament Act (22 U.S.C. 2562) is amended to read

7 as follows:

8 ‘‘SEC. 22. DIRECTOR.

9 ‘‘(a) APPOINTMENT.—The Agency shall be headed by

10 a Director, who shall be appointed by the President, by

11 and with the advice and consent of the Senate. No person

12 serving on active duty as a commissioned officer of the

13 Armed Forces of the United States may be appointed

14 Director.

15 ‘‘(b) DUTIES.—The Director shall serve as the prin16 cipal adviser to the President and other executive branch

17 officials on matters relating to arms control, disarmament,

18 and nonproliferation. In carrying out his or her duties

19 under this Act, the Director, under the guidance of the

20 Secretary of State, shall have primary responsibility for

21 matters relating to arms control, disarmament, and non22 proliferation, as defined by this Act.’’.

23 (b) PERMANENT MEMBERSHIP ON NATIONAL SECU24 RITY COUNCIL.—Section 101(a) of the National Security

25 Act of 1947 (50 U.S.C. 402(a)) is amended—
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1 (1) by redesignating paragraphs (5) through

2 (7) as paragraphs (6) through (8), respectively; and

3 (2) by inserting after paragraph (4) the follow4 ing new paragraph (5):

5 ‘‘(5) the Director of the United States Arms

6 Control and Disarmament Agency;’’.

7 SEC. 3. SPECIAL REPRESENTATIVES.

8 (a) IN GENERAL.—Section 27 of the Arms Control

9 and Disarmament Act (22 U.S.C. 2567) is amended to

10 read as follows:

11 ‘‘SEC. 27. SPECIAL REPRESENTATIVES.

12 ‘‘(a) APPOINTMENT.—The President may appoint, by

13 and with the advice and consent of the Senate, Special

14 Representatives of the President for Arms Control and

15 Nonproliferation. Each Presidential Special Representa16 tive shall hold the personal rank of ambassador.

17 ‘‘(b) DUTIES.—Presidential Special Representatives

18 shall perform their duties and exercise their powers under

19 direction of the President, acting through the Director.

20 One such Special Representative shall serve as the United

21 States Governor to the Board of Governors of the Inter22 national Atomic Energy Agency.

23 ‘‘(c) ADMINISTRATIVE SUPPORT.—The Agency shall

24 be the Government agency responsible for providing ad25 ministrative support, including funding, staff, and office
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1 space, to all Presidential Special Representatives ap2 pointed under this section.’’.

3 (b) CONFORMING AMENDMENT.—Section 5315 of

4 title 5, United States Code, is amended by striking ‘‘Spe5 cial Representatives for Arms Control and Disarmament

6 Negotiations, United States Arms Control and Dis7 armament Agency (2).’’ and inserting ‘‘Special Represent8 atives of the President for Arms Control and Nonprolifera9 tion.’’.

10 SEC. 4. NEGOTIATION MANAGEMENT.

11 Section 34 of the Arms Control and Disarmament

12 Act (22 U.S.C. 2574) is amended to read as follows:

13 ‘‘SEC. 34. NEGOTIATIONS AND RELATED FUNCTIONS.

14 ‘‘The Director shall have primary responsibility for

15 the preparation and management of United States partici16 pation in all international negotiations and implementa17 tion forums in the fields of arms control, disarmament,

18 and nonproliferation. To this end—

19 ‘‘(1) the Director shall have primary respon20 sibility for the preparation, formulation, support,

21 and transmission of instructions and guidance for all

22 such negotiations and forums, and shall manage

23 interagency groups established within the executive

24 branch to support such negotiations and forums; and
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1 ‘‘(2) all United States Government representa2 tives conducting negotiations or acting pursuant to

3 agreements in the fields of arms control, dis4 armament, or nonproliferation shall perform their

5 duties and exercise their powers, under the direction

6 of the President, acting through the Director.’’.

7 SEC. 5. PARTICIPATION OF ACDA DIRECTOR IN CERTAIN

8 DELIBERATIONS.

9 (a) ARMS EXPORT CONTROL ACT.—(1) Section

10 38(a)(2) of the Arms Export Control Act (22 U.S.C.

11 2778(a)(2)) is amended to read as follows:

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

13 section shall be made in coordination with the Director

14 of the United States Arms Control and Disarmament

15 Agency, taking into account the Director’s assessment as

16 to whether the export of an article will contribute to an

17 arms race, aid in the development of weapons of mass de18 struction, support international terrorism, increase the

19 possibility of outbreak or escalation of conflict, or preju20 dice the development of bilateral or multilateral arms

21 control or nonproliferation agreements or other bilateral

22 arrangements.’’.

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

24 is amended by striking out all that follows ‘‘(3)’’ in the

25 last sentence and inserting the following: ‘‘the assessment
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1 of the Director of the United States Arms Control and

2 Disarmament Agency as to the extent to which such sale

3 might contribute to an arms race, aid in the development

4 of weapons of mass destruction, support international ter5 rorism, increase the possibility of outbreak or escalation

6 of conflict, or prejudice the development of bilateral or

7 multilateral arms control or nonproliferation agreements

8 or other arrangements. No decision shall be made over the

9 objection of the Director unless the Director has been in10 formed in writing of the reasons why the Director’s opin11 ion was not deemed sufficient to deny the proposed sale,

12 and afforded a reasonable opportunity to appeal the pro13 posed decision.’’.

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

15 amended—

16 (A) in subsection (a) by inserting ‘‘, the Direc17 tor of the United States Arms Control and Disar18 mament Agency,’’ after ‘‘Secretary of Defense’’;

19 (B) in subsection 7(b)(1) inserting ‘‘and the Di20 rector of the United States Arms Control and Disar21 mament Agency’’ after ‘‘Secretary of Defense’’; and

22 (C) in subsection (b)(2)—

23 (i) by striking out ‘‘and the Secretary of

24 Commerce’’ and inserting in lieu thereof ‘‘, the

25 Secretary of Commerce, and the Director of the
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1 United States Arms Control and Disarmament

2 Agency’’; and

3 (ii) by striking the comma after ‘‘appli4 cant’’ and all that follows through ‘‘docu5 ments’’.

6 (b) ATOMIC ENERGY ACT.—(1) Section 131 b. of the

7 Atomic Energy Act of 1954 (42 U.S.C. 2160(b)) is

8 amended—

9 (A) in paragraph (2) by inserting ‘‘and the Di10 rector of the United States Arms Control and Disar11 mament Agency’’ after ‘‘Secretary of State’’; and

12 (B) in paragraph (3) by inserting ‘‘and the Di13 rector of the United States Arms Control and Disar14 mament Agency’’ after ‘‘Secretary of State’’.

15 (2) Section 142 of such Act (42 U.S.C. 2162) is

16 amended by adding at the end thereof the following new

17 subsection:

18 ‘‘(f) All determinations under this section to remove

19 data from the Restricted Data category shall be made only

20 after consultation with the Director of the United States

21 Arms Control and Disarmament Agency. If the Commis22 sion, the Department of Defense, and the Director do not

23 agree, the determination shall be made by the President.’’.
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1 (c) NUCLEAR NON-PROLIFERATION ACT.—Section

2 309(c) of the Nuclear Non-Proliferation Act of 1978 (42

3 U.S.C. 2139a) is amended to read as follows:

4 ‘‘(c)(1) The Department of Commerce shall maintain

5 controls over all export items, other than those licensed

6 by the Commission, which could be, if used for purposes

7 other than those for which the export is intended, of sig8 nificance for nuclear explosive purposes.

9 ‘‘(2) The Commission shall not grant any individual,

10 distribution, or project license for the export of items con11 trolled pursuant to paragraph (1) without prior consulta12 tion with the Department of State, the United States

13 Arms Control and Disarmament Agency, the Commission,

14 the Department of Energy, and the Department of De15 fense.

16 ‘‘(3)(A) The Secretary of Commerce shall, within 90

17 days after the date of enactment of this paragraph, estab18 lish orderly and expeditious procedures which are mutually

19 agreeable to the Secretary of State, the Secretary of De20 fense, the Secretary of Energy, the Director of the United

21 States Arms Control and Disarmament Agency, and the

22 Nuclear Regulatory Commission. These procedures shall

23 include provision for establishing the list of export items

24 required by paragraph (1), for permitting automated ac25 cess to all license applications for such items to all agen-
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1 cies listed in paragraph (2), and for formal interagency

2 referral of license applications for the export of items on

3 the list.

4 ‘‘(B) The procedures in effect under this subsection

5 on the date of enactment of this paragraph shall cease

6 to apply 90 days after the date of enactment of this para7 graph or upon the effective date of the new procedures

8 required by this paragraph, whichever occurs first.’’.

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