S. 1182 (103rd): Arms Control and Nonproliferation Act of 1993

103rd Congress, 1993–1994. Text as of Nov 05, 1993 (Reported by Senate Committee).

Status & Summary | PDF | Source: GPO

S 1182 RS

Calendar No. 273

103d CONGRESS

1st Session

S. 1182

[Report No. 103-172]

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

NOVEMBER 5 (legislative day, NOVEMBER 2), 1993

Reported by Mr. PELL, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]


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,

[Struck out->] SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS. [<-Struck out]

    [Struck out->] (a) SHORT TITLE- This Act may be cited as the ‘Arms Control and Nonproliferation Act of 1993’. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (c) TABLE OF CONTENTS- The table of contents for this Act is as follows: [<-Struck out]

      [Struck out->] Sec. 1. Short title; references in Act; table of contents. [<-Struck out]

      [Struck out->] Sec. 2. Congressional declarations; purpose. [<-Struck out]

      [Struck out->] Sec. 3. Purposes. [<-Struck out]

      [Struck out->] Sec. 4. Definitions. [<-Struck out]

      [Struck out->] Sec. 5. Repeals. [<-Struck out]

      [Struck out->] Sec. 6. Director. [<-Struck out]

      [Struck out->] Sec. 7. Bureaus, offices, and divisions. [<-Struck out]

      [Struck out->] Sec. 8. Presidential special representatives. [<-Struck out]

      [Struck out->] Sec. 9. Policy formulation. [<-Struck out]

      [Struck out->] Sec. 10. Negotiation management. [<-Struck out]

      [Struck out->] Sec. 11. Report on measures to coordinate research and development. [<-Struck out]

      [Struck out->] Sec. 12. Negotiating records. [<-Struck out]

      [Struck out->] Sec. 13. Verification of compliance. [<-Struck out]

      [Struck out->] Sec. 14. Role of ACDA with respect to dual-use exports. [<-Struck out]

      [Struck out->] Sec. 15. Authorities with respect to nonproliferation matters. [<-Struck out]

      [Struck out->] Sec. 16. Appointment and compensation of personnel. [<-Struck out]

      [Struck out->] Sec. 17. Security requirements. [<-Struck out]

      [Struck out->] Sec. 18. Annual report to Congress; authorization of appropriations. [<-Struck out]

[Struck out->] SEC. 2. CONGRESSIONAL DECLARATIONS; PURPOSE. [<-Struck out]

    [Struck out->] (a) CONGRESSIONAL DECLARATIONS- The Congress declares that-- [<-Struck out]

      [Struck out->] (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 [<-Struck out]

      [Struck out->] (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. [<-Struck out]

    [Struck out->] (b) PURPOSE- The purpose of this Act is-- [<-Struck out]

      [Struck out->] (1) to strengthen the United States Arms Control and Disarmament Agency; and [<-Struck out]

      [Struck out->] (2) to improve congressional oversight of the arms control, nonproliferation, and disarmament activities of the United States Arms Control and Disarmament Agency. [<-Struck out]

[Struck out->] SEC. 3. PURPOSES. [<-Struck out]

    [Struck out->] 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: [<-Struck out]

      [Struck out->]
      ‘(1) The formulation, conduct, support, and coordination of United States arms control policy, negotiations, and implementation fora. [<-Struck out]

      [Struck out->]
      ‘(2) The formulation, conduct, support, and coordination of United States nonproliferation policy, negotiations, and implementation fora. [<-Struck out]

      [Struck out->]
      ‘(3) The conduct, support, and coordination of research for arms control and nonproliferation policy. [<-Struck out]

      [Struck out->]
      ‘(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. [<-Struck out]

      [Struck out->]
      ‘(5) The dissemination and coordination of public information concerning arms control and nonproliferation.’. [<-Struck out]

[Struck out->] SEC. 4. DEFINITIONS. [<-Struck out]

    [Struck out->] Section 3 (22 U.S.C. 2552) is amended to read as follows: [<-Struck out]

[Struck out->]
‘DEFINITIONS [<-Struck out]

    [Struck out->]
    ‘SEC. 3. As used in this Act-- [<-Struck out]

      [Struck out->]
      ‘(1) the term ‘Agency’ means the United States Arms Control and Disarmament Agency; [<-Struck out]

      [Struck out->]
      ‘(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; [<-Struck out]

      [Struck out->]
      ‘(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; [<-Struck out]

      [Struck out->]
      ‘(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 [<-Struck out]

      [Struck out->]
      ‘(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.’. [<-Struck out]

[Struck out->] SEC. 5. REPEALS. [<-Struck out]

    [Struck out->] The following provisions of law are hereby repealed: [<-Struck out]

      [Struck out->] (1) Section 26 (22 U.S.C. 2566), relating to the General Advisory Committee. [<-Struck out]

      [Struck out->] (2) Section 36 (22 U.S.C. 2578), relating to arms control impact information and analysis. [<-Struck out]

      [Struck out->] (3) Section 38 (22 U.S.C. 2578), relating to reports on Standing Consultative Commission activities. [<-Struck out]

      [Struck out->] (4) Section 52 (22 U.S.C. 2592), relating to reports on adherence to and compliance with agreements. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

[Struck out->] SEC. 6. DIRECTOR. [<-Struck out]

    [Struck out->] Section 22 (22 U.S.C. 2562) is amended to read as follows: [<-Struck out]

[Struck out->]
‘DIRECTOR [<-Struck out]

    [Struck out->]
    ‘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. [<-Struck out]

    [Struck out->]
    ‘(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. [<-Struck out]

    [Struck out->]
    ‘(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. [<-Struck out]

    [Struck out->]
    ‘(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.’. [<-Struck out]

[Struck out->] SEC. 7. BUREAUS, OFFICES, AND DIVISIONS. [<-Struck out]

    [Struck out->] Section 25 (22 U.S.C. 2565) is amended to read as follows: [<-Struck out]

[Struck out->]
‘SEC. 25. BUREAUS, OFFICES, AND DIVISIONS. [<-Struck out]

    [Struck out->]
    ‘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.’. [<-Struck out]

[Struck out->] SEC. 8. PRESIDENTIAL SPECIAL REPRESENTATIVES. [<-Struck out]

    [Struck out->] (a) Sections 27 and 28 (22 U.S.C. 2567, 2568) are redesignated as sections 26 and 27, respectively. [<-Struck out]

    [Struck out->] (b) Section 26 (as redesignated by subsection (a)) is amended to read as follows: [<-Struck out]

[Struck out->]
‘PRESIDENTIAL SPECIAL REPRESENTATIVES [<-Struck out]

    [Struck out->]
    ‘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.’. [<-Struck out]

[Struck out->] SEC. 9. POLICY FORMULATION. [<-Struck out]

    [Struck out->] Section 33 (22 U.S.C. 2573) is amended to read as follows: [<-Struck out]

[Struck out->]
‘POLICY FORMULATION [<-Struck out]

    [Struck out->]
    ‘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. [<-Struck out]

    [Struck out->]
    ‘(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.’. [<-Struck out]

[Struck out->] SEC. 10. NEGOTIATION MANAGEMENT. [<-Struck out]

    [Struck out->] Section 34 (22 U.S.C. 2574) is amended to read as follows: [<-Struck out]

[Struck out->]
‘NEGOTIATION MANAGEMENT [<-Struck out]

    [Struck out->]
    ‘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-- [<-Struck out]

      [Struck out->]
      ‘(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; [<-Struck out]

      [Struck out->]
      ‘(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 [<-Struck out]

      [Struck out->]
      ‘(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.’. [<-Struck out]

[Struck out->] SEC. 11. REPORT ON MEASURES TO COORDINATE RESEARCH AND DEVELOPMENT. [<-Struck out]

    [Struck out->] 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. [<-Struck out]

[Struck out->] SEC. 12. NEGOTIATING RECORDS. [<-Struck out]

    [Struck out->] (a) IN GENERAL- The Arms Control and Disarmament Act is amended by inserting after section 35 the following: [<-Struck out]

[Struck out->]
‘NEGOTIATING RECORDS [<-Struck out]

    [Struck out->]
    ‘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. [<-Struck out]

    [Struck out->]
    ‘(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.’. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

[Struck out->] SEC. 13. VERIFICATION OF COMPLIANCE. [<-Struck out]

    [Struck out->] Section 37 (22 U.S.C. 2577) is amended to read as follows: [<-Struck out]

[Struck out->]
‘VERIFICATION OF COMPLIANCE [<-Struck out]

    [Struck out->]
    ‘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-- [<-Struck out]

      [Struck out->]
      ‘(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; [<-Struck out]

      [Struck out->]
      ‘(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 [<-Struck out]

      [Struck out->]
      ‘(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. [<-Struck out]

    [Struck out->]
    ‘(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. [<-Struck out]

    [Struck out->]
    ‘(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. [<-Struck out]

    [Struck out->]
    ‘(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.’. [<-Struck out]

[Struck out->] SEC. 14. ROLE OF ACDA WITH RESPECT TO DUAL-USE EXPORTS. [<-Struck out]

    [Struck out->] Title III of the Arms Control and Disarmament Act is amended-- [<-Struck out]

      [Struck out->] (1) by redesignating section 39 as section 38; and [<-Struck out]

      [Struck out->] (2) by adding at the end the following new section: [<-Struck out]

[Struck out->]
‘ROLE OF ACDA WITH RESPECT TO DUAL-USE EXPORTS [<-Struck out]

    [Struck out->]
    ‘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. [<-Struck out]

    [Struck out->]
    ‘(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. [<-Struck out]

    [Struck out->]
    ‘(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. [<-Struck out]

    [Struck out->]
    ‘(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. [<-Struck out]

    [Struck out->]
    ‘(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. [<-Struck out]

    [Struck out->]
    ‘(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. [<-Struck out]

    [Struck out->]
    ‘(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. [<-Struck out]

    [Struck out->]
    ‘(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.’. [<-Struck out]

[Struck out->] SEC. 15. AUTHORITIES WITH RESPECT TO NONPROLIFERATION MATTERS. [<-Struck out]

    [Struck out->] (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: [<-Struck out]

    [Struck out->]
    ‘(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.’. [<-Struck out]

    [Struck out->] (2) Section 42(a) of such Act (22 U.S.C. 2791(a)) is amended-- [<-Struck out]

      [Struck out->] (A) by redesignating clauses (1), (2), and (3) as clauses (A), (B), and (C), respectively; [<-Struck out]

      [Struck out->] (B) by inserting ‘(1)’ immediately after ‘(a)’; and [<-Struck out]

      [Struck out->] (C) by amending clause (C) to read as follows: [<-Struck out]

      [Struck out->]
      ‘(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 [<-Struck out]

      [Struck out->] (D) by adding at the end the following: [<-Struck out]

    [Struck out->]
    ‘(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.’. [<-Struck out]

    [Struck out->] (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’. [<-Struck out]

    [Struck out->] (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’. [<-Struck out]

    [Struck out->] (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’. [<-Struck out]

    [Struck out->] (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’. [<-Struck out]

    [Struck out->] (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’. [<-Struck out]

    [Struck out->] (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.’. [<-Struck out]

    [Struck out->] (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’. [<-Struck out]

    [Struck out->] (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’. [<-Struck out]

    [Struck out->] (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’. [<-Struck out]

    [Struck out->] (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’. [<-Struck out]

    [Struck out->] (6) Section 123 a. of such Act (42 U.S.C. 2153(a)) is amended in the undesignated paragraph following paragraph (9)-- [<-Struck out]

      [Struck out->] (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’; [<-Struck out]

      [Struck out->] (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,’; [<-Struck out]

      [Struck out->] (C) in the third sentence, by inserting ‘jointly’ after ‘any proposed agreement for cooperation shall be’; [<-Struck out]

      [Struck out->] (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 [<-Struck out]

      [Struck out->] (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’. [<-Struck out]

    [Struck out->] (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’. [<-Struck out]

    [Struck out->] (8) Section 131 a. (1) of such Act (42 U.S.C. 2160(a)(1)) is amended-- [<-Struck out]

      [Struck out->] (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 [<-Struck out]

      [Struck out->] (B) in the proviso, by striking ‘the Secretary of State’ and inserting ‘the Director of the United States Arms Control and Disarmament Agency’. [<-Struck out]

    [Struck out->] (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’. [<-Struck out]

    [Struck out->] (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’. [<-Struck out]

    [Struck out->] (11) Section 142 of such Act (42 U.S.C. 2162) is amended by adding at the end thereof the following new subsection: [<-Struck out]

    [Struck out->]
    ‘(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.’. [<-Struck out]

[Struck out->] SEC. 16. APPOINTMENT AND COMPENSATION OF PERSONNEL. [<-Struck out]

    [Struck out->] 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-- [<-Struck out]

      [Struck out->]
      ‘(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, [<-Struck out]

      [Struck out->]
      ‘(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 [<-Struck out]

      [Struck out->]
      ‘(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.’. [<-Struck out]

[Struck out->] SEC. 17. SECURITY REQUIREMENTS. [<-Struck out]

    [Struck out->] Section 45(a) (22 U.S.C. 2585) is amended in the third sentence-- [<-Struck out]

      [Struck out->] (1) by inserting ‘or employed directly from other Government agencies’ after ‘persons detailed from other Government agencies’; and [<-Struck out]

      [Struck out->] (2) by striking ‘by the Department of Defense or the Department of State’ and inserting ‘by such agencies’. [<-Struck out]

[Struck out->] SEC. 18. ANNUAL REPORT TO CONGRESS; AUTHORIZATION OF APPROPRIATIONS. [<-Struck out]

    [Struck out->] (a) IN GENERAL- Title IV of the Arms Control and Disarmament Act is amended-- [<-Struck out]

      [Struck out->] (1) by striking sections 49 and 50; [<-Struck out]

      [Struck out->] (2) by redesignating sections 51 and 53 as sections 49 and 50, respectively; [<-Struck out]

      [Struck out->] (3) by inserting after section 50 (as redesignated by paragraph (2)) the following new sections: [<-Struck out]

[Struck out->]
‘ANNUAL REPORT TO CONGRESS [<-Struck out]

    [Struck out->]
    ‘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-- [<-Struck out]

      [Struck out->]
      ‘(1) a detailed statement concerning the arms control objectives of the executive branch of Government for the forthcoming year; [<-Struck out]

      [Struck out->]
      ‘(2) a detailed statement concerning the nonproliferation objectives of the executive branch of Government for the forthcoming year; [<-Struck out]

      [Struck out->]
      ‘(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; [<-Struck out]

      [Struck out->]
      ‘(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; [<-Struck out]

      [Struck out->]
      ‘(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 [<-Struck out]

      [Struck out->]
      ‘(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-- [<-Struck out]

        [Struck out->]
        ‘(A) a description of each significant issue raised and efforts made and contemplated with the other participating state to seek resolution of the difficulty; [<-Struck out]

        [Struck out->]
        ‘(B) an assessment of damage, if any, to the United States security and other interests; and [<-Struck out]

        [Struck out->]
        ‘(C) recommendations as to any steps that should be considered to redress any damage to United States national security and to reduce compliance problems. [<-Struck out]

    [Struck out->]
    ‘(b) CLASSIFICATION OF THE REPORT- The report required by this section shall be submitted in unclassified form, with classified annexes, as appropriate. [<-Struck out]

[Struck out->]
‘AUTHORIZATION OF APPROPRIATIONS [<-Struck out]

    [Struck out->]
    ‘SEC. 52. (a) AUTHORIZATION OF APPROPRIATIONS- To carry out the purposes of this Act, there are authorized to be appropriated-- [<-Struck out]

      [Struck out->]
      ‘(1) $62,500,000 for fiscal year 1994 and $64,375,000 for fiscal year 1995; and [<-Struck out]

      [Struck out->]
      ‘(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. [<-Struck out]

    [Struck out->]
    ‘(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. [<-Struck out]

    [Struck out->]
    ‘(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.’. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

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. Repeals.

      Sec. 5. Director.

      Sec. 6. Bureaus, offices, and divisions.

      Sec. 7. Presidential special representatives.

      Sec. 8. Policy formulation.

      Sec. 9. Negotiation management.

      Sec. 10. Report on measures to coordinate research and development.

      Sec. 11. Negotiating records.

      Sec. 12. Verification of compliance.

      Sec. 13. Authorities with respect to nonproliferation matters.

      Sec. 14. Appointment and compensation of personnel.

      Sec. 15. Security requirements.

      Sec. 16. Annual report to Congress; authorization of appropriations.

      Sec. 17. Conforming amendments.

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 Eastern Europe, is to eliminate chemical and biological weapons and to reduce and limit the large numbers of nuclear weapons in the former Soviet Union and, more generally, to prevent the proliferation of weapons of mass destruction and their means of delivery, 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 preparation for and management of United States participation in international negotiations and implementation fora in the arms control and disarmament field.

      ‘(2) When directed by the President, the preparation for, and management of, United States participation in international negotiations and implementation fora in the nonproliferation field.

      ‘(3) The conduct, support, and coordination of research for arms control, nonproliferation, and disarmament policy formulation.

      ‘(4) The preparation for, operation of, or, as appropriate, direction of, United States participation in such control systems as may become part of United States arms control, nonproliferation, and disarmament activities.

      ‘(5) The dissemination and coordination of public information concerning arms control, nonproliferation, and disarmament.’.

SEC. 4. 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. 5. 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 Secretary of State, the National Security Council, and the President and other executive branch Government officials on matters relating to arms control, nonproliferation, and disarmament matters. In carrying out his duties under this Act, the Director, under the direction of the President and the Secretary of State, shall have primary responsibility within the Government for matters relating to arms control and disarmament, and, whenever directed by the President, primary responsibility within the Government for matters relating to 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, nonproliferation, and disarmament matters.’.

SEC. 6. 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, under the direction of the Secretary of State, 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. 7. 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, Nonproliferation, and Disarmament. Each Presidential Special Representative shall hold the personal rank of ambassador. Presidential Special Representatives appointed under this section shall perform their duties and exercise their powers under direction of the President and the Secretary of State, 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. 8. 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, the Secretary of State, and the heads of such other Government agencies as the President may determine, recommendations and advice concerning United States arms control, nonproliferation, and disarmament 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. 9. NEGOTIATION MANAGEMENT.

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

‘NEGOTIATION MANAGEMENT

    ‘SEC. 34. (a) RESPONSIBILITIES- The Director, under the direction of the President and the Secretary of State, shall have primary responsibility for the preparation, conduct, and management of United States participation in all international negotiations and implementation fora in the field of arms control and disarmament and shall have primary responsibility, whenever directed by the President, for the preparation, conduct, and management of United States participation in international negotiations and implementation fora in the field of nonproliferation. In furtherance of these responsibilities Special Representatives of the President for Nonproliferation, established pursuant to section 26, shall, as directed by the President, serve as the United States Government representatives to international organizations, conferences, and activities relating to the field of nonproliferation, such as the preparations for and conduct of the review relating to the Treaty on the Non-Proliferation of Nuclear Weapons.

    ‘(b) FUNCTIONS WITH RESPECT TO THE UNITED STATES INFORMATION AGENCY- The Director shall perform functions pursuant to section 2(c) of the Reorganization Plan 8 of 1953 with respect to providing to the United States Information Agency official United States positions and policy on arms control, nonproliferation, and disarmament matters for dissemination abroad.

    ‘(c) AUTHORITY- The Director is authorized--

      ‘(1) to formulate plans and make preparations for the establishment, operation, and funding of inspections and control systems which may become part of the United States arms control, nonproliferation, and disarmament activities; and

      ‘(2) as authorized by law, to put into effect, direct, or otherwise assume United States responsibility for such systems.’.

SEC. 10. 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, nonproliferation, and disarmament among all departments and agencies of the executive branch of Government.

SEC. 11. 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 and maintain records for each arms control, nonproliferation, and disarmament agreement to which the United States is a party and which was under negotiation or in force on or after January 1, 1990, which 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.

    ‘(b) NEGOTIATING AND IMPLEMENTATION RECORDS- In particular, the Director shall establish and maintain a negotiating and implementation record for each such agreement, which shall be comprehensive and detailed, and shall document all communications between the parties with respect to such agreement. Such records shall be maintained both in hard copy and magnetic media.

    ‘(c) PARTICIPATION OF AGENCY PERSONNEL- 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, nonproliferation, and disarmament 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. 12. 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, nonproliferation, and disarmament 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, nonproliferation, or disarmament agreement that has been concluded by the United States, the determination of the Director as to the degree to which the components of such agreement can be verified;

      ‘(2) in the case of any arms control, nonproliferation, or disarmament agreement 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; and

      ‘(3) the amount and percentage of research funds expended by the Agency for the purpose of analyzing issues relating to arms control, nonproliferation, and disarmament 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, nonproliferation, and disarmament agreements.

    ‘(d) PARTICIPATION OF THE AGENCY- In order to ensure adherence of the United States to obligations or commitments undertaken in arms control, nonproliferation, and disarmament agreements, and in order for the Director to make the assessment required by section 51(a)(5), the Director, or the Director’s designee, 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 have a direct bearing on United States adherence to obligations undertaken in arms control, nonproliferation, or disarmament agreements.’.

SEC. 13. 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 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 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. The Director of the Arms Control and Disarmament Agency is authorized, whenever the Director determines that the issuance of an export license under this section would be detrimental to the national security of the United States, to recommend to the President that such export license be disapproved.’.

    (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)’;

      (C) by amending clause (C) (as redesignated) 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 after consultation with the Director of the United States Arms Control and Disarmament Agency. The Director of the Arms Control and Disarmament Agency is authorized, whenever the Director determines that a sale under this section would be detrimental to the national security of the United States, to recommend to the President that such sale be disapproved.’.

    (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’ after ‘The Secretary of Defense’.

    (4) Section 71(b)(1) of such Act (22 U.S.C. 2797(b)(1)) is amended by inserting ‘and the Director of the United States Arms Control and Disarmament Agency’ after ‘Secretary of Defense’.

    (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 Commerce’.

    (6) Section 71(c) of such Act (22 U.S.C. 2797(c)) is amended by inserting ‘to include the Director of the Arms Control and Disarmament Agency’ after ‘other appropriate Government agencies’.

    (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 Commerce’.

    (b) AMENDMENT TO THE NUCLEAR NON-PROLIFERATION ACT- Section 309(c) of the Nuclear Non-Proliferation Act of 1978 (42 U.S.C. 2139(a)) is amended in the second sentence by striking out ‘, as required,’.

SEC. 14. 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. 15. 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. 16. 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; and

      (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, nonproliferation, and disarmament. Such report shall include--

      ‘(1) a detailed statement concerning the arms control and disarmament 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 or disarmament negotiations, including a comprehensive description of negotiations or other activities 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, nonproliferation, and disarmament 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, nonproliferation, and disarmament 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, nonproliferation, or disarmament 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) $57,500,000 for fiscal year 1994 and $59,375,000 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.

SEC. 17. CONFORMING AMENDMENTS.

    (a) Section 2 (22 U.S.C. 2551) is amended--

      (1) in the second undesignated paragraph, by inserting ‘, nonproliferation,’ after ‘Arms control’; and

      (2) in the second and third undesignated paragraphs, by inserting ‘, nonproliferation,’ after ‘arms control’ each place it appears.

    (b) Section 28 (22 U.S.C. 2568) is amended--

      (1) in the first sentence, by striking ‘field of arms control and disarmament’ and inserting ‘fields of arms control, nonproliferation, and disarmament’; and

      (2) in the second sentence, by inserting ‘, nonproliferation,’ after ‘arms control’.

    (c) Section 31 (22 U.S.C. 2571) is amended--

      (1) in the text above paragraph (a), by striking ‘field of arms control and disarmament’ each of the three places it appears and inserting ‘fields of arms control, nonproliferation, and disarmament’;

      (2) in the first sentence, by inserting ‘and nonproliferation’ after disarmament; and

      (3) in the fourth sentence, by inserting ‘, nonproliferation,’ after arms control each of the eight places it appears.

    (d) Section 35 (22 U.S.C. 2575) is amended by inserting ‘, nonproliferation,’ after ‘arms control’.

    (e) Section 39 (22 U.S.C. 2579) is amended by inserting ‘, nonproliferation,’ after ‘arms control’ each of the two places it appears.

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