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1. Arms Control and Disarmament Act, as amended Public Law 87–297 (H.R. 9118), 75 Stat. 631, approved September 26, 1961,
as amended by Public Law 88-186 (S. 777), 77 Stat. 341, approved Novem. ber 26, 1963; Public Law 88–426 (H.R. 11049), 78 Stat. 400, approved Au. gust 14, 1964; Public Law 88-448 (H.R. 7381), 78 Stat. 484, approved Au. gust 19, 1964; Public Law 89-27 (H.R. 2998), 79 Stat. 118, approved May 27, 1965; Public Law 90-314 (H.R. 14940), 82 Stat. 129, approved May 23, 1968; Public Law 91-246 (S. 3544), 84 Stat. 270, approved May 12, 1970; Public Law 92-352 (H.R. 14734), 86 Stat. 489, approved July 13, 1972; Pub lic Law 93-332 (H.R. 12799), 88 Stat, 289, approved July 8, 1974; Public Law 94-141 (S. 1517), 89 Stat. 756, approved November 29, 1975; Public Law 95–108 (H.R. 6179), 91 Stat. 871, approved August 17, 1977; Public Law 95–338 (H.R. 11832), 92 Stat. 458, approved August 8, 1978; Public Law 96-66 (H.R. 2774), 93 Stat. 414, approved September 21, 1979; Public Law 96-465 (H.R. 6790), 94 Stat. 2071 at 2159, approved October 17, 1980; Public Law 97-339 (H.R. 3467), 96 Stat. 1635, approved October 16, 1982; Public Law 98–202 (H.R. 2906), 97 Stat. 1381, approved December 2, 1983; Public Law 99-93 (H.R. 2068), 99 Stat. 405, approved August 16, 1985; Public Law 99-550 (H.R. 3641), 100 Stat. 3067, approved October 27, 1986; Public Law 100–213 (H.R. 2689), 101 Stat. 1444, approved December 24, 1987; Public Law 101-216 (H.R. 1495), 103 Stat. 1853, approved December 11, 1989; Public Law 102–228 (H.R. 3807), 105 Stat. 1691, approved December 12, 1991; Public Law 103-199 (H.R. 3000), 107 Stat. 2317, approved December 17, 1993; and Public Law 103–236 (H.R. 2333), 108 Stat. 382, approved April 30, 1994 AN ACT To establish a United States Arms Control and Disarmament Agency.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I_SHORT TITLE, PURPOSE, AND DEFINITIONS
SHORT TITLE SECTION 1.1 This Act may be cited as the “Arms Control and Disarmament Act”.
PURPOSE SEC. 2.2 An ultimate goal of the United States is a world which is free from the scourge of war and the dangers and burdens of ar
122 U.S.C. 2551 note. 222 U.S.C. 2551.
Sec. 702 of the Arms Control and Nonproliferation Act of 1994 (part A of title VII of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; Public Law 103-236; 108 Stat. 491) (hereasler referred to as “Public Law 103-236") provided the following:
"SEC. 702. CONGRESSIONAL DECLARATIONS; PURPOSE.
"(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 fiseen new independent states, and the revolutionary changes in Eastern Europe, is to prevent the proliferation of nuclear weapons and their means of delivery and of advanced conventional armaments, to eliminate chemical and biological weapons, and to reduce and limit the large numbers of nuclear
ns in the former Soviet Union, as well as to prevent regional conflicts and conventional arms races; and
maments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully.3 It is the purpose of this Act to provide impetus toward this goal by creating a new agency of peace to deal with the problem of reduction and control of armaments looking toward ultimate world disarmament.
Arms control, nonproliferation, and disarmament policy, being an important aspect of foreign policy, must be consistent with national security policy as a whole. The formulation and implementation of United States arms control, nonproliferation,5 and disarmament policy in a manner which will promote the national security can best be insured by a central organization charged by statute with primary responsibility for this field. This organization must have such a position within the Government that it can provide the President, the Secretary of State, other officials of the executive branch, and the Congress with recommendations concern. ing United States arms control, nonproliferation, and disarmament policy, and can assess the effect of these recommendations
“(2) an ultimate goal of the United Stalcs 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 part is
"(1) to strengthen the United Siales 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, and of the
Agency's operating budget.". 3 This goal is reallirmed in sec. 1 of the Arms Export Control Act (22 U.S.C. 2751), which adds: “In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races." That section further expresses the sense of the Congress that foreign military sales be approved "only when they are consistent with the foreign policy interests of the United States **. with particular regard being given, where appropriate *** lo the impact of the sales on *** existing or inci pient arms races.".
Sec. 150 of Public Law 94–141 amended the laws relating to international arms transfers to require that decisions on such transfers be made in coordination with the Director of the United States Arms Control and Disarmament Agency and take into account his opinion as to whether the proposed action will contribute to an arms race, or increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or mullilal rangements. The changes made by sec. 150 or Public Law 94-141 were to add a subsec. (O to sec. 414 of the Mutual Security Act of 1954 (which sec. 212 of the International Security Assistance and Arms Export Control Act of 1976 subscquently repealed and incorporated as sec. 38(a X2) of the Arms Export Control Act (22 U.S.C. 2778(aX2))), and to amend sec. 42(a) of the Foreign Military Sales Act (now soc. 42(a) of the Arms Export Control Act (22 U.S.C. 2791(a))) and sec. 511 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2321d). Sec. 7144aX1) and (2) of Public Law 103-236 (108 Slat. 497) amended sec. 38(aX2) of the AECA to include consideration of the effect on the development of wcapons of mass destruction and on nonproliferation agreements. Scc. 714(a)(3) through (7) of Public Law 103-236 (108 Stat. 497) amended the AECA (22 U.S.C. 2797) lo add the Director of the Arms Control and Disarmament Agency as one of the oficials to be consulted on transfers of missiles and missile equipment or technology. See also Executive Order 11958 which directs in sec. 1 in subsec. (g) that the
the Arms Control and Disarmament Agency, within his area of responsibility, shall assist the Secretary of Stale in preparation of the annual presentation materials for security assistance programs required wo be transmitted to Congress by sec. 25 of the Arms Export Control Act (22 U.S.C. 2765), and in subsec. (j) that with respect to matters related to subpars. (D) and (I) of sec. 36(6X1) of that Act (22 U.S.C. 2776(bX1)) the Secretary of Defense shall consult with the Director of the Arms Control and Disarmament Agency, and in sec. 2 that in carrying out the functions delegated to them with respect to arms sales and exports, the Secretaries of State and Defense shall consult with the Director of this Agency on matters pertaining to his responsibilities.
The Director has charged an Assistant Director with primary responsibility for developing policy recommendations and negotiating proposals relating to the control of international translers of arms and related technology and for assuring that the Agency's views are made known and taken into account concerning arms control factors involved in individual U.S. arms transfers and in policy decisions related to such transfers (22 CFR 601.14). * Sec. 719(aX1) of Public Law 103-236 (108 Slal. 501) inserted ", nonproliferation".
Sec. 719(aX2) of Public Law 103-236 (108 Stat. 501) inscried ", nonproliferation after "arms control" in the second and third paragraphs of sec. 2.
upon our foreign policies, our national security policies, and our economy.6
& The Nuclear Non-Proliferation Act of 1978 (Public Law 95–242) amended the Atomic Energy Act of 1954, as amended, (the 1954 act) and created new requirements relating to nuclear export controls. The Arms Control and Disarmament Agency has the following responsibilities under this law:
Sec. 102 (22 U.S.C. 3222) directs the Director of the Agency "to establish and implement pro cedures which will ensure * * * orderly processing of subscqucnt arrangements and export licenses with minimum time delay."
Sec. 301(c) amended chapter 10 of the 1954 act by adding a new sec. 111 (42 U.S.C. 2141) in which subsec. (b) requires the Department of Energy to consult with the Agency before making certain government-to-government transfers of special nuclcar material or source material.
Sec. 302 amended subscc. 57(b) of the 1954 act (42 U.S.C. 2077(b) to require the Secretary of Energy to consult with the Agency before making a delcrmination under that subsection that the production of special nuclcar material outside of the United States is not inimical to the interest of the United States.
Sec. 303(a) amended chapler !1 of the 1954 act by adding sec. 131 (42 U.S.C. 2160) in which par. (1) of subsec. (a) requires the Secrclary or Energy to consult with the Director of the Agency prior to entering into proposed subsequent arrangements under agreements for cooperation. Par. 2 of subsec. (a) provides that: "Ir in the Director's view a proposed subsequent arrangement might significantly contribute lo proliferalion, he may prepare an unclassified Nuclear Proliferation Assessment Statement * * * regarding the adequacy of the safeguards and other control mechanisms and the application of peaceful use assurances of the relevant agreement to ensure that assistance to be furnished pursuant to the subscqucnt arrangement will not be used to fur. ther any military or nuclear explosive purpose." Subscc. (c) requires the Secretary of Energy to establish implementing procedures which are agricable to the Director and which require the Director to specify if he intends to prepare a Nuclear Proliferation Assessment Statement. If the Director declares that he intends to prepare a statement, subsec. (c) and par. (1) of subsec. (a) impose restnctions on actions by the Secrelary
sy to enter into
proposed subse quent arrangement. Sec. 402(a) (42 U.S.C. 2153a(a)) provides that source or special nuclear material exported from the United States may not be enriched without prior approval under procedures identical to those for proposed subsequent arrangements under sec. 131.
Sec. 304(a) amended chapter 11 of the 1954 act by adding a new sec. 126 (42 U.S.C. 2155) in which par. (1) of subsec. (a) requires the Secretary of State to consult with the Director of the Agency before notifying the Nuclear Regulatory Commission that it is the judgment of the executive branch that a proposed export license or exemplion for "any production or utilization facility or any source material or special nuclear material" will not be inimical to the common defense and security.
Sec. 304(d) (42 U.S.C. 2156a) requires the Nuclear Regulatory Commission to consult with the Director of the Agency in promulgating physical security regulations for exported nuclear mate rials.
Sec. 309(a) amended sec. 109 of the 1954 act (42 U.S.C. 2139) to require in subsec. (a) that the Nuclear Regulatory Commission consult with the Director before determining which compo nent parts of reactors, production facilities, or other items "are especially relevant from the standpoint of export control because of their significance for nuclear explosive purposes." Sec. 309(b) and sec. 309(c) require that implementing regulations of the Nuclcar Regulatory Commission, and procedures regarding control by the Department of Commerce over ex port items which could be of significance for nuclear explosive purposes, shall provide for prior consultations with the Agency.
Sec. 401 amended subscc. 123(a) of the 1954 act (42 U.S.C. 2153(a) to require, with certain exceptions, that "any proposed agreements for cooperation be negotiated by the Secretary of State * * * in consultation with the Director of the Arms Cont As further amended by scc. 301(aX1) of Public Law 99-64, subsec. 123(a) of the 1954 act provides that when such agreements are submitud to the President they shall be accompanied by the views and recommendations of the Director “who shall also provide to the President an unclassified Nuclear Proliferation Assessment Sualement (A) which shall analyze the consistency of the text of the proposed agreement for cooperation with all the requirements of this Act, with specific attention to whether the proposed agreement is consistent with each of the criteria set forth in this subscction, and (B) regarding the adequacy of the safeguards and other control mechanisms and the peaceful use assurances contained in the agreement for cooperation to ensure that any assistance furnished thereunder will not be used to further any military or nu. clear explosive purposc.".
Sec. 401 also amended subsec. 123(d) of the 1954 act (42 U.S.C. 2153(d)) to provide that the 60-day period for congressional action on agreements for cooperation submitted to Congress under that subsection does not begin until the Nuclcar Proliferation Assessment Statement re quired by subsec. 123(a) to be prepared by the Director of the Arms Control and Disarmament Agency has been submitted to Congress and added an unlettered paragraph following subsec. 123(d) relating to submission of Agency views to Congressional committees.
Sec. 602(c) directs the Agency io keep specific congressional committees cunently informed on its activities to carry out the Act and otherwise prevent proliferation, and or the activities of foreign nations of significance from the proliferation standpoint.
Sec. 602(e) directs the Agency w cooperate with the Comptroller General in the conduct of a study for a report to Congress by Mar. 10, 1981, on the implementation and impact of the Act.
thority, undera imament policyh realistic armsh ological, andes
This organization must have the capacity to provide the essential scientific, economic, political, military, psychological, and technological information upon which realistic arms control, nonproliferation,5 and disarmament policy must be based. It shall have the authority, under the direction of the President and the Secretary of State,? to carry out the following primary functions: 8
(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.
DEFINITIONS SEC. 3.9 As used in this Act
(a) The terms “arms control” and “disarmament” mean the identification, verification, inspection, limitation, control, reduction, or elimination, of armed forces and armaments of all kinds under international agreement including the necessary steps taken under such an agreement to establish an effective system of international control, or to create and strengthen international organizations for the maintenance of peace.
(b) 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.
(c) The term “Agency” means the United States Arms Control and Disarmament Agency.
? Sec. 144 of Public Law 94–141 struck out “It must be able” and inserted “It shall have the authority, under the direction of the President and the Secretary of State,".
8 Sec. 703 of Public Law 103-236 (108 Slat. 491) struck paras. (a) through (d) and inserted in lieu thereof paras. (1) through (5). Paragraphs (a) through (d) had read as follows:
"(a) The conduct, support, and coordination of rescarch for arms control and disarmament policy formulation;
"(b) The preparation for and management of United States participation in international negotiations in the arms control and disarma ment field:
"(c) The dissemination and coordination of public information concerning arms control and disarmament; and
"(d) The preparation for, operation of, or as appropriate, direction of United States participation in such control systems as may become part or United States arms control and disarmament activitics.". 22 U.S.C. 2552.