I
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PURPOSES.
The purposes of this Act are—
(1) to provide renewed impetus in improving
the United States Government’s ability to manage
the complex process of negotiating and implementing
arms control treaties;
(2) to provide central leadership and coordina-
tion to United States nonproliferation policy; and
(3) to improve congressional oversight of the
operating budget of the United States Arms Control
and Disarmament Agency.
SEC. 2. ACDA DIRECTOR.
(a) DIRECTOR.—Section 22 of the Arms Control and
Disarmament Act (22 U.S.C. 2562) is amended to read
as follows:
‘‘SEC. 22. DIRECTOR.
‘‘(a) APPOINTMENT.—The Agency shall be headed by
a Director, who shall be 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.—The Director shall serve as the prin-
cipal adviser to the President and other executive branch
officials on matters relating to arms control, disarmament,
and nonproliferation. In carrying out his or her duties
under this Act, the Director, under the guidance of the
Secretary of State, shall have primary responsibility for
matters relating to arms control, disarmament, and non-
proliferation, as defined by this Act.’’.
(b) PERMANENT MEMBERSHIP ON NATIONAL SECU-
RITY COUNCIL.—Section 101(a) of the National Security
Act of 1947 (50 U.S.C. 402(a)) is amended—
(1) by redesignating paragraphs (5) through
(7) as paragraphs (6) through (8), respectively; and
(2) by inserting after paragraph (4) the follow-
ing new paragraph (5):
‘‘(5) the Director of the United States Arms
Control and Disarmament Agency;’’.
SEC. 3. SPECIAL REPRESENTATIVES.
(a) IN GENERAL.—Section 27 of the Arms Control
and Disarmament Act (22 U.S.C. 2567) is amended to
read as follows:
‘‘SEC. 27. SPECIAL REPRESENTATIVES.
‘‘(a) APPOINTMENT.—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 Representa-
tive shall hold the personal rank of ambassador.
‘‘(b) DUTIES.—Presidential Special Representatives
shall perform their duties and exercise their powers under
direction of the President, acting through the Director.
One such Special Representative shall serve as the United
States Governor to the Board of Governors of the Inter-
national Atomic Energy Agency.
‘‘(c) ADMINISTRATIVE SUPPORT.—The Agency shall
be the Government agency responsible for providing ad-
ministrative support, including funding, staff, and office
space, to all Presidential Special Representatives ap-
pointed under this section.’’.
(b) CONFORMING AMENDMENT.—Section 5315 of
title 5, United States Code, is amended by striking ‘‘Spe-
cial Representatives for Arms Control and Disarmament
Negotiations, United States Arms Control and Dis-
armament Agency (2).’’ and inserting ‘‘Special Represent-
atives of the President for Arms Control and Nonprolifera-
tion.’’.
SEC. 4. NEGOTIATION MANAGEMENT.
Section 34 of the Arms Control and Disarmament
Act (22 U.S.C. 2574) is amended to read as follows:
‘‘SEC. 34. NEGOTIATIONS AND RELATED FUNCTIONS.
‘‘The Director shall have primary responsibility for
the preparation and management of United States partici-
pation in all international negotiations and implementa-
tion forums in the fields of arms control, disarmament,
and nonproliferation. To this end—
‘‘(1) the Director shall have primary respon-
sibility for the preparation, formulation, support,
and transmission of instructions and guidance for all
such negotiations and forums, and shall manage
interagency groups established within the executive
branch to support such negotiations and forums; and
‘‘(2) all United States Government representa-
tives conducting negotiations or acting pursuant to
agreements in the fields of arms control, dis-
armament, or nonproliferation shall perform their
duties and exercise their powers, under the direction
of the President, acting through the Director.’’.
SEC. 5. PARTICIPATION OF ACDA DIRECTOR IN CERTAIN
DELIBERATIONS.
(a) 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 in coordination with 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 will contribute to an
arms race, aid in the development of weapons of mass de-
struction, support international terrorism, increase the
possibility of outbreak or escalation of conflict, or preju-
dice the development of bilateral or multilateral arms
control or nonproliferation agreements or other bilateral
arrangements.’’.
(2) Section 42(a) of such Act (22 U.S.C. 2791(a))
is amended by striking out all that follows ‘‘(3)’’ in the
last sentence and inserting the following: ‘‘the assessment
of the Director of the United States Arms Control and
Disarmament Agency as to the extent to which such sale
might contribute to an arms race, aid in the development
of weapons of mass destruction, support international ter-
rorism, 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. No decision shall be made over the
objection of the Director unless the Director has been in-
formed in writing of the reasons why the Director’s opin-
ion was not deemed sufficient to deny the proposed sale,
and afforded a reasonable opportunity to appeal the pro-
posed decision.’’.
(3) Section 71 of such Act (22 U.S.C. 2797) is
amended—
(A) in subsection (a) by inserting ‘‘, the Direc-
tor of the United States Arms Control and Disar-
mament Agency,’’ after ‘‘Secretary of Defense’’;
(B) in subsection 7(b)(1) inserting ‘‘and the Di-
rector of the United States Arms Control and Disar-
mament Agency’’ after ‘‘Secretary of Defense’’; and
(C) in subsection (b)(2)—
(i) by striking out ‘‘and the Secretary of
Commerce’’ and inserting in lieu thereof ‘‘, the
Secretary of Commerce, and the Director of the
United States Arms Control and Disarmament
Agency’’; and
(ii) by striking the comma after ‘‘appli-
cant’’ and all that follows through ‘‘docu-
ments’’.
(b) ATOMIC ENERGY ACT.—(1) Section 131 b. of the
Atomic Energy Act of 1954 (42 U.S.C. 2160(b)) is
amended—
(A) in paragraph (2) by inserting ‘‘and the Di-
rector of the United States Arms Control and Disar-
mament Agency’’ after ‘‘Secretary of State’’; and
(B) in paragraph (3) by inserting ‘‘and the Di-
rector of the United States Arms Control and Disar-
mament Agency’’ after ‘‘Secretary of State’’.
(2) Section 142 of such Act (42 U.S.C. 2162) is
amended by adding at the end thereof the following new
subsection:
‘‘(f) All determinations under this section to remove
data from the Restricted Data category shall be made only
after consultation with the Director of the United States
Arms Control and Disarmament Agency. If the Commis-
sion, the Department of Defense, and the Director do not
agree, the determination shall be made by the President.’’.
(c) NUCLEAR NON-PROLIFERATION ACT.—Section
309(c) of the Nuclear Non-Proliferation Act of 1978 (42
U.S.C. 2139a) is amended to read as follows:
‘‘(c)(1) The Department of Commerce shall maintain
controls over all export items, other than those licensed
by the Commission, which could be, if used for purposes
other than those for which the export is intended, of sig-
nificance for nuclear explosive purposes.
‘‘(2) The Commission shall not grant any individual,
distribution, or project license for the export of items con-
trolled pursuant to paragraph (1) without prior consulta-
tion with the Department of State, the United States
Arms Control and Disarmament Agency, the Commission,
the Department of Energy, and the Department of De-
fense.
‘‘(3)(A) The Secretary of Commerce shall, within 90
days after the date of enactment of this paragraph, estab-
lish orderly and expeditious procedures which are mutually
agreeable to the Secretary of State, the Secretary of De-
fense, the Secretary of Energy, the Director of the United
States Arms Control and Disarmament Agency, and the
Nuclear Regulatory Commission. These procedures shall
include provision for establishing the list of export items
required by paragraph (1), for permitting automated ac-
cess to all license applications for such items to all agen-
cies listed in paragraph (2), and for formal interagency
referral of license applications for the export of items on
the list.
‘‘(B) The procedures in effect under this subsection
on the date of enactment of this paragraph shall cease
to apply 90 days after the date of enactment of this para-
graph or upon the effective date of the new procedures
required by this paragraph, whichever occurs first.’’.
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