boards, the consultants, and the individuals of outstanding ability employed without compensation, all of which are provided in section 41 of this Act, may serve as such without regard to the provisions of section 281, 283, 284, or 1914 of title 18 of the United States Code, or of section 190 of the Revised Statutes (5 U.S.C. 99), 56 or of any other Federal law imposing restrictions, requirements, or penalties in relation to the employment of individuals, the performance of services, or the payment or receipt of compensation in connection with any claim, proceeding, or matter involving the United States Government, except insofar as such provisions of law may prohibit any such individual from receiving compensation from a source other than a nonprofit educational institution in respect of any particular matter in which the Agency is directly interested. 57 Nor shall such service be considered as employment or holding of office or position bringing such individual within the provisions of section 13 of the Civil Service Retirement Act (5 U.S.C. 2263), 58 or any other Federal law limiting the reemployment of retired officers or employees or governing the simultaneous receipt of compensation and retired pay or annuities, subject to section 201 of the Dual Compensation Act.59

SECURITY REQUIREMENTS

SEC. 45.60 (a) The Director shall establish such security and loyalty requirements, restrictions, and safeguards as he deems necessary in the interest of the national security and to carry out the provisions of this Act. Except as provided in subsection (d),61 the Director shall arrange with the Civil Service Commission for the conduct of full-field background security and loyalty investigations of all the Agency's officers, employees, consultants, persons detailed from other Government agencies, members of its General Advisory Committee, advisory boards, contractors and subcontractors, and their officers and employees, actual or prospective. In the case of persons detailed from other Government agencies, the Director may accept the results of full-field background security and loyalty investigations conducted by the Department of Defense or the Department of State as the basis for the determination required by this subsection that the person is not a security risk or of doubtful loyalty.62 In the event the investigation discloses information indicating that the person investigated may be or may become a security risk, or may be of doubtful loyalty, the report of the in

56 Sec. 2 of Public Law 87-849 repealed secs. 281 and 283 of title 18 of the United States Code, except as they apply to retired officers of the armed forces of the United States, and also repealed secs. 284 and 1914 of that title. It also provided that these repealed sections were respec tively supplanted by secs. 203, 205, 207, and 209 of that title set forth in sec. 1 of Public Law 87849. Sec. 3 of Public Law 87-849 repealed sec. 190 of the Revised Statutes (5 U.S.C. 99).

57 See sec. 2 of Public Law 87-849 which provided that all statutory exemptions from the provisions of secs. 281, 282, 283, 284, 434, or 1941 (now secs. 203, 204, 205, 207, 208, and 209, respectively) of title 18 of the United States Code which were in force on Jan. 21, 1963, are no longer applicable to officers or employees of the executive branch of the United States Government. 58 Now 5 U.S.C. 3323(b) and 8344. Sec. 401(d)(1) of Public Law 88-448, the Dual Compensation Act, deleted a reference previously found here to "section 212 of the Act of June 30, 1932, as amended (5 U.S.C. 59a)".

59 Now codified as 5 U.S.C. 5532. Sec. 401(d)(2) of Public Law 88-448, the Dual Compensation Act, added the last nine words to this section.

60 22 U.S.C. 2585.

61 Sec. 147(a)(1) of Public Law 94-141 added the first six words to this sentence. 62 Sec. 3 of Public Law 97-339 added this sentence.

vestigation shall be turned over to the Federal Bureau of Investigation for a full-field investigation. The final results of all such investigations shall be turned over to the Director for final determination. Except as provided in subsection (d),63 no person shall be permitted to enter on duty as such an officer, employee, consultant, or member of advisory committee or board, or pursuant to any such detail, and no contractor or subcontractor, or officer or employee thereof shall be permitted to have access to any classified information, until he shall have been investigated in accordance with this subsection and the report of such investigations made to the Director, and the Director shall have determined that such person is not a security risk or of doubtful loyalty. Standards applicable with respect to the security clearance of persons within any category referred to in this subsection shall not be less stringent, and the investigation of such persons for such purposes shall not be less intensive or complete, than in the case of such clearance of persons in a corresponding category under the security procedures of the Government agency or agencies having the highest security restrictions with respect to persons in such category.

(b) 64 In the case of contractors or subcontractors and their officers or employees, actual or prospective, the Director may accept, in lieu of the investigation prescribed in subsection (a) hereof, a report of investigation conducted by a Government agency, other than the Civil Service Commission or the Federal Bureau of Investigation, when it is determined by the Director that the completed investigation meets the standards established in subsection (a) hereof: Provided, That security clearance had been granted to the individual concerned by another Government agency based upon such investigation and report. The Director may also grant access for information classified no higher than "confidential" to contractors or subcontractors and their officers and employees, actual or prospective, on the basis of reports on less than full-field investigations: Provided, That such investigations shall each include a current national agency check. Notwithstanding the foregoing and the provisions of subsection (a), the Director may also grant access to classified information to contractors or subcontractors and their officers and employees, actual or prospective, on the basis of a security clearance granted by the Department of Defense, or any agency thereof, to the individual concerned; except that any access to Restricted Data shall be subject to the provisions of subsection (c).65 (c) 64 The Atomic Energy Commission 36 may authorize any of its employees, or employees of any contractor, prospective contractor, licensee, or prospective licensee of the Atomic Energy Commission, or any other person authorized to have access to Restricted Data by the Atomic Energy Commission under section 2165 of title 42, to permit the Director or any officer, employee, consultant, person detailed from other Government agencies, member of the General Advisory Committee or of an advisory board established pursuant to section 41(f), contractor, subcontractor, prospective contractor, or

63 Sec. 147(a)(2) of Public Law 94-141 added the first six words to this sentence.

64 Sec. 2 of Public Law 88-186 added this subsec. "(b)" except for the last sentence, and redesignated the previous subsec. "(b)" as subsec. "(c)".

65 Sec. 147(b) of Public Law 94-141 added the last sentence in this subsection.

prospective subcontractor, or officer or employee of such contractor, subcontractor, prospective contractor, or prospective subcontractor, to have access to Restricted Data which is required in the performance of his duties and so certified by the Director, but only if (1) the Atomic Energy Commission has determined, in accordance with the established personnel security procedures and standards of the Commission, that permitting such individual to have access to such Restricted Data will not endanger the common defense and security, and (2) the Atomic Energy Commission finds that the established personnel and other security procedures and standards of the Agency are adequate and in reasonable conformity to the standards established by the Atomic Energy Commission under section 2165 of title 42, including those for interim clearance in subsection (b) thereof. Any individual granted access to such Restricted Data pursuant to this subsection may exchange such data with any individual who (A) is an officer or employee of the Department of Defense, or any department or agency thereof, or a member of the Armed Forces, or an officer or employee of the National Aeronautics and Space Administration, or a contractor or subcontractor of any such department, agency, or armed force, or an officer or employee of any such contractor or subcontractor, and (B) has been authorized to have access to Restricted Data under the provisions of sections 2163 or 2455 of title 42.

(d) 66 The investigations and determination required under subsection (a) may be waived by the Director in the case of any consultant who will not be permitted to have access to classified information if the Director determines and certifies in writing that such waiver is in the best interests of the United States.

COMPTROLLER GENERAL AUDIT

SEC. 46.67 No moneys appropriated for the purposes of this Act shall be available for payment under any contract with the Director, negotiated without advertising, except contracts with any foreign government, international organization or any agency thereof, unless such contract includes a clause to the effect that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment, have access to and the right to examine any directly pertinent books, documents, papers, and records of the contractor or any of his subcontractors engaged in the performance of, and involving transactions related to such contracts or subcontracts: Provided, however, That no moneys so appropriated shall be available for payment under such contract which includes any provisions precluding an audit by the General Accounting Office of any transactions under such contract: And provided further, That nothing in this section shall preclude the earlier disposal of contractor and subcontractor records in accordance with records disposal schedules agreed upon between the Director and the General Accounting Office.

6 Sec. 147(a)(3) of Public Law 94-141 added this subsection. 67 22 U.S.C. 2586.

TRANSFER OF ACTIVITIES AND FACILITIES TO AGENCY

SEC. 47.68 (a) The United States Disarmament Administration, together with its records, property, personnel, and funds, is hereby transferred to the Agency. The appropriations and unexpended balances of appropriations transferred pursuant to this subsection shall be available for expenditure for any and all objects of expenditure authorized by this Act, without regard to the requirements of apportionment under section 665 of title 31.

(b) The President, by Executive order, may transfer to the Director any activities or facilities of any Government agency which relate primarily to arms control and disarmament. In connection with any such transfer, the President may under this section or other applicable authority, provide for appropriate transfers of records, property, civilian personnel, and funds. No transfer shall be made under this subsection until (1) a full and complete report concerning the nature and effect of such proposed transfer has been transmitted by the President to the Congress, and (2) the first period of sixty calendar days of regular session of the Congress following the date of receipt of such report by the Congress has expired without adoption by either House of the Congress of a resolution stating that such House does not favor such transfer. The procedures prescribed in title II of the Reorganization Act of 1949 69 shall apply to any such resolution.

USE OF FUNDS

SEC. 48.70 Appropriations made to the Director for the purposes of this Act, and transfers of funds to him by other Government agencies for such purposes, shall be available to him to exercise any authority granted him by this Act, including, without limitation, expenses of printing and binding without regard to the provisions of section 11 of the Act of March 1, 1919 (44 U.S.C. 111); 71 purchase or hire of one passenger motor vehicle for the official use of the Director without regard to the limitations contained in section 78(c) of title 5 of the United States Code; 72 entertainment and official courtesies to the extent authorized by appropriation; expenditures for training and study; expenditures in connection with participation in international conferences for the purposes of this Act; and expenses in connection with travel of personnel outside the United States,73 including transportation expenses of dependents, household goods, and personal effects (including any such travel or transportation any part of which begins in one fiscal year

68 22 U.S.C. 2587.
69 5 U.S.C. 908-913.
70 22 U.S.C. 2588.

71 Now 44 U.S.C. 501, first sentence.

72 Sec. 2(c) of Public Law 99-550 struck out the words "without regard to the limitations contained in section 78(c) of title 5 of the United States Code" (now 31 U.S.C. 1343(c), 1344, and 1349) previously found here. The President subsequently designated the Director as an official covered by 31 U.S.C. 1344(b)(1)C).

73 Sec. 706 of Public Law 95-426 provides authority, notwithstanding the limitations established by sec. 1117 of the Federal Aviation Act of 1958 (49 U.S.C. 1517), to use funds appropriated after Oct. 7, 1978 to pay for transportation, between two places both of which are outside the United States, of officers and employees, their dependents, and accompanying baggage aboard air carriers which do not hold certificates (i.e., foreign air carriers) under sec. 401 of that Act.

pursuant to travel orders issued in that fiscal year, but which is completed after the end of that fiscal year),74 and expenses authorized by the Foreign Service Act of 1980,75 not otherwise provided for.

APPROPRIATION

SEC. 49.76 (a) To carry out the purposes of this Act, there are authorized to be appropriated

(1) $44,527,000 for the fiscal year 1992 77 and $45,862,810 for fiscal year 1993; and

(2) such additional amounts as may be necessary for each fiscal year for which an authorization of appropriations is provided in paragraph (1) 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.78

74 Sec. 106 of Public Law 101-216 added parenthetical language here.

75 22 U.S.C. 3901 et seq. This reference to the Foreign Service Act of 1980 was substituted in lieu of a reference to the Foreign Service Act of 1946, as amended, by sec. 2204(b) of Public Law 96-465.

76 22 U.S.C. 2589.

77 Title V of Public Law 102-140 appropriated $44,527,000 for fiscal year 1992, including not to exceed $100,000 for official reception and representation expenses.

78 Sec. 401(a) of Public Law 102-228 amended sec. 49(a) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2) respectively; and to provide authorizations for fiscal years 1992 and 1993. Sec. 401(a)(3) further amended sec. 49(a) in paragraph (2), as redesignated, by striking out "fiscal years 1990 and 1991" and inserting in lieu thereof "each fiscal year for which an authorization of appropriations is provided in paragraph (1)”.

Previously, sec. 101 Public Law 101-216 amended sec. 49(a) to provide authorizations of "$36,000,000 for the fiscal year 1990 and $37,316,000 for the fiscal year 1991".

Subsec. (a) had previously been amended and restated by sec. 2 of Public Law 100-213 to read as follows:

"(a)(1) To carry out the purposes of this Act, there are authorized to be appropriated

"(A) $29,000,000 for the fiscal year 1988 and $29,800,000 for fiscal year 1989; and

"(B) such additional amounts as may be necessary for each such fiscal year 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 "(2) of the amounts authorized to be appropriated by paragraph (1)(A) for each of the fiscal years 1988 and 1989

rates.

"(A) $7,063,000 shall be available only to pay necessary expenses incurred in connection with arms control negotiations conducted with the Government of the Soviet Union on strategic arms reductions, intermediate-range nuclear forces, and space and defensive weapons; "(B) not less than $310,000 shall be available only for the program for visiting scholars in the field of arms control and disarmament established under section 28 of this Act;

"(C) $780,000 shall be used for external research to assist the Bureau of Verification and Intelligence in making assessments of possible new systems, devices, and capabilities for verification of arms control;

"(D) not more than $1,560,000 may be used for any other external research program; and

"(E) a total of not more than $3,000,000 may be used for all external research. "(3) Amounts appropriated under this subsection are authorized to remain available until expended.".

Prior to Public Law 100-213, subsec. (a)(1) and (2) had previously been amended and restated by sec. 701 and 702 of Public Law 99-93 to read as follows:

"(a) To carry out the purposes of this Act, there are authorized to be appropriated

"(1) for the fiscal year 1985, $23,789,000, of which amount $4,321,000 shall be available only to pay necessary expenses incurred in connection with arms control negotiations with the Government of the Soviet Union on strategic arms reductions, intermediate-range nuclear forces, and space and defensive weapons;

"(2) for the fiscal year 1986, $25,614,000, and for the fiscal year 1987, $25,614,000, of which amounts $6,146,000 shall be available in each fiscal year only to pay necessary expenses incurred in connection with arms control negotiations conducted with the Government of the Soviet Union on strategic arms reductions, intermediate-range nuclear forces, and space and defensive weapons; and".