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TITLE II-ORGANIZATION

UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY SEC. 21.10 There is hereby established an agency to be known as the “United States Arms Control and Disarmament Agency”.

DIRECTOR SEC. 22.11 (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

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(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. 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.

DEPUTY DIRECTOR SEC. 23.12 A Deputy Director of the Agency shall be appointed by the President, by and with the advice and consent of the Senate. The Deputy Director shall have direct responsibility, under the supervision of the Director, for the administrative management of the Agency, intelligence-related activities, security, and the Special Compartmental Intelligence Facility, and shall perform such other duties and exercise such other powers as the Director may prescribe. 13 He shall act for, and exercise the powers of, the Director during his absence or disability or during a vacancy in said office. No person serving on active duty as a commissioned officer of the Armed Forces of the United States may be appointed Deputy Director. 14

10 22 U.S.C. 2561.

1122 U.S.C. 2562. Scc. 705 of Public Law 103–236 (108 Slat. 492) restated sec. 22 and amended it by adding provisions relating to non proliferation. Sec. 303(bX13) of Public Law 88–426) established the compensation of the Direcwr at level II or the Executive Schedule (5 U.S.C. 5313), the rate for which was subsequently set at $133,600 per annum. See schedule 5 of Executive Order 12826 (December 30, 1992) (57 F.R. 62909).

12 22 U.S.C. 2563.

13 Sec. 102 of Public Law 101-216 amended the second sentence in sec. 23. Such sentence formerly read as follows: "The Deputy Director shall perform such duties and exercise such powers as the Director may prescribe.".

14 Par. (b) of sec. I of Public Law 96-66 added the last sentence to this section. Sec. 305(17XB) of Public Law 88–426 repcaled a sentence fixing the compensation of the Deputy Director, and sec. 303(dX35) of that Act established such compensation at level IV of the Executive Schedule. Sec. 704(a) (1) and (2XA) of Public Law 99-93 amended 5 U.S.C. 5314 and 5315 by increasing the compensation level of the Deputy Director from level IV of the Executive Schedule to level

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ASSISTANT DIRECTORS SEC. 24.15 Not to exceed four Assistant Directors may be appointed by the President, by and with the advice and consent of the Senate. 16 They shall perform such duties and exercise such powers as the Director may prescribe.

BUREAUS, OFFICES, AND DIVISIONS SEC. 25.17 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 per. form legal services for the Agency.

SCIENTIFIC AND POLICY ADVISORY COMMITTEE 18 SEC. 26.18 (a) ESTABLISHMENT.-(1) The President may appoint a Scientific and Policy Advisory Committee (in this section referred to as the “Committee”) of not to exceed 15 members, not less than eight of whom shall be scientists. (2) The members of the Committee shall be appointed as follows:

(A) One member, who shall be a person of renown and distinction, shall be appointed by the President, by and with the advice and consent of the Senate, as Chairman of the Committee.

(B) Fourteen other members shall be appointed by the President. (3) The Committee shall meet at least twice each year.

(b) FUNCTION.—It shall be the responsibility of the Committee to advise the President, the Secretary of State, and the Director respecting scientific, technical, and policy matters affecting arms control, nonproliferation, and disarmament.

(c) REIMBURSEMENT OF EXPENSES.—The members of the Committee may receive reimbursement of expenses only in accordance with

III, the rate for which was subsequently set at $123,100 per annum. See Schedule 5 of Executive Order 12826 (December 30, 1992) (57 F.R. 62909).

16 22 U.S.C. 2564.

16 Sec. 305(17XC) of Public Law 88–426 rcpcalcd a sentence fixing the compensation of Assistant Directors, and sec. 303(CX75) or that Act established such compensation at level V of the Executive Schedule. Compensation of the General Counsel was established at level V of the Executive Schedule by sec. 303(c)(85) or that Act. Scc. 704(a X2XB) and sec, 7041aX3) of Public Law 99-93 amended 5 U.S.C. 5315 and 5316 by incrcasing the compensation level for Assistant Directors from level V of the Executive Schedule to level IV, the rate for which was subsequently set at $115,700 per annum. Sce Schedule 5 of Exccutive Order 12826 (December 30, 1992) (57 F.R. 62909). The position of General Counsel has been designated as a general position in the Senior Executive Service (45 F.R. 3849).

1722 U.S.C. 2565. Soc. 706 of Public Law 103-236 (108 Stat. 492) amended and restated sec. 25.

18 22 U.S.C. 2566. This section, formerly headed “GENERAL ADVISORY COMMITTEE”, had read as follows:

"GENERAL ADVISORY COMMITTEE "Sec. 26. The President, by and with the advice and consent of the Senate, may appoint a General Advisory Committee of not to exceed finccn members to advise the Director on arms control and disarmament policy and activities. The President shall designate one of the members as Chairman. The members of the committee may receive the compensation and reimburse ment for expenses specified for consultants by section 41(d) of this Act. The Committee shall meet at least twice each year. It shall from time lo time advise the President, the Secretary of State, and the Disarmament Director respecting matters assecting arms control, disarmament, and world peace.".

The section was amended and reslated by sec. 707 of Public Law 103-236 (108 Stat. 493)

the provisions applicable to the reimbursement of experts and consultants under section 41(d) of this Act.

(d) TERMINATION.—The Committee shall terminate two years after the date of enactment of the Arms Control and Nonproliferation Act of 1994.19

(e) DEFINITION.—As used in this section, the term "scientist" means an individual who has a demonstrated knowledge and technical expertise with respect to arms control, nonproliferation, and disarmament matters and who has distinguished himself or herself in any of the fields of physics, chemistry, mathematics, biology, or engineering, including weapons engineering.

PRESIDENTIAL SPECIAL REPRESENTATIVES SEC. 27.20 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 matters. Each Presidential Special Representative shall hold the rank of ambassador. One such Representative may serve in the Agency as Chief Science Advisor. Presidential Special Representatives appointed under this section shall perform their duties and exercise their powers under the 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.

PROGRAM FOR VISITING SCHOLARS SEC. 28.21 A program for visiting scholars in the fields of arms control, nonproliferation, and disarmament 22 shall be established by the Director in order to obtain the services of scholars from the faculties of recognized institutes of higher learning. The purpose of the program will be to give specialists in the physical sciences and other disciplines relevant to the Agency's activities an opportunity for active participation in the arms control, nonproliferation,23 and disarmament activities of the Agency and to gain for the Agency the perspective and expertise such persons can offer. Each fellow in the program shall be appointed for a term of one year, except that such term may be extended for a 1-year period. Fellows shall be chosen by a board consisting of the Director, who shall be the chairperson, and all former Directors of the Agency.

19 The date of enactment referred to is April 30, 1994.

20 22 U.S.C. 2567. This section, originally added by sec. 2(a) of Public Law 95-108, and amended by sec. 103(a) of Public Law 101-216, was amended and restated by sec. 708(a) of Public Law 103-236 (108 Slat. 493). Sec. 708(b) of that Act amended 5 U.S.C. 5315, which established the compensation of Special Representative at level IV of the Executive Schedule, to remove the limitation of two on the number of such representatives. The rate of compe level IV is set at $115,700 per annum by Schedule 5 of Executive Order 12826 (December 30, 1992) (57 F.R. 62909).

21 22 U.S.C. 2568. Sec. 3 of Public Law 98-202 added this section.

22 Sec. 719(bX1) of Public Law 103-236 (108 Slat, 501) struck out "hield of arms control and disarmament", and inserted in licu thcrcor “fields of arms control, nonproliferation, and disarmament".

23 Sec. 719(6X2) of Public Law 103-236 (108 Slat. 501) inscrted ", nonproliferation," afler "arms control".

TITLE III-FUNCTIONS

er as towledge Director i

RESEARCH SEC. 31.24 The Director is authorized and directed to exercise his powers in such manner as to insure the acquisition of a fund of theoretical and practical knowledge concerning disarmament and nonproliferation.25 To this end, the Director is authorized and directed, under the direction of the President, (1) to insure the conduct of research, development, and other studies in the fields of arms control, nonproliferation, and disarmament; 26 (2) to make arrangements (including contracts, agreements, and grants) for the conduct of research, development, and other studies in the fields of arms control, nonproliferation, and disarmament 26 by 27 private or public institutions or persons; and (3) to coordinate the research, development, and other studies conducted in the fields of arms control, nonproliferation, and disarmament 26 by or for other Government agencies in accordance with procedures established under section 35 of this Act. In carrying out his responsibilities under this Act, the Director shall, to the maximum extent feasible, make full use of available facilities, Government and private. The authority of the Director with respect to research, development, and other studies shall be limited to participation in the following insofar as they relate to arms control, nonproliferation 28 and disarmament:

(a) the detection, identification, inspection, monitoring, limitation, reduction, control, and elimination of armed forces and armaments, including thermonuclear, nuclear, missile, conventional, bacteriological, chemical, and radiological weapons;

(b) the techniques and systems of detecting, identifying, inspecting, and monitoring of tests of nuclear, thermonuclear, and other weapons;

(c) the analysis of national budgets, levels of industrial production, and economic indicators to determine the amounts spent by various countries for armaments and of all aspects of antisatellite activities; 29

(d) the control, reduction, and elimination of armed forces and armaments in space, in areas on and beneath the earth's surface, and in underwater regions;

(e) the structure and operation of international control and other organizations useful for arms control, nonproliferation,28 and disarmament;

(f) the training of scientists, technicians, and other personnel for manning the control systems which may be created by international arms control, nonproliferation,28 and disarmament agreements;

24 22 U.S.C. 2571.

20 Sec. 719(cX2) of Public Law 103–236 (108 Stat. 501) inscried "and nonproliferation after "disarmament".

* Sec. 719(cX1) of Public Law 103–236 (108 Slat. 501) struck out "field of arms control and disarmament", and inserted in licu thereof "fields of arms control, nonproliferation, and disarmament".

27 Sec. 5 of Public Law 88–186 inserted the words "United Stales" between the words "by" and "private". Sec. 3 of Public Law 95-108 subsequently struck out the words "United States".

28 Sec. 7191cX3) of Public Law 103-236 0108 Slat. 501) inserted "nonproliferation after "arms control" throughout the fourth sentence of this paragraph.

20 Sec. 4 of Public Law 97-339 inscrted the words "and of all aspects of antisatellite activities".

(g) the reduction and elimination of the danger of war resulting from accident, miscalculation, or possible surprise attack, including (but not limited to) improvements in the methods of communications between nations;

(h) the economic and political consequences of arms control, nonproliferation, 28 and disarmament, including the problems of readjustment arising in industry and the reallocation of national resources; 30

(i) the arms control, nonproliferation 28 and disarmament implications of foreign and national security policies of the United States with a view to a better understanding of the significance of such policies for the achievement of arms control, nonproliferation,28 and disarmament;

(j) the national security and foreign policy implications of arms control, nonproliferation, 28 and disarmament proposals with a view to a better understanding of the effect of such proposals upon national security and foreign policy;

(k) methods for the maintenance of peace and security during different stages of arms control, nonproliferation,28 and disarmament;

(1) the scientific, economic, political, legal, social, psychological, military, and technological factors related to the prevention of war with a view to a better understanding of how the basic structure of a lasting peace may be established;

(m) such related problems as the Director may determine to be in need of research, development, or study in order to carry out the provisions of this Act.

PATENTS Sec. 32.31 All research within the United States contracted for, sponsored, cosponsored, or authorized under authority of this Act, shall be provided for in such manner that all information as to uses, products, processes, patents, and other developments resulting from such research developed by Government expenditure will (with such exceptions and limitations, if any, as the Director may find to be necessary in the public interest) be available to the general public. This subsection shall not be so construed as to deprive the owner of any background patent relating thereto of such rights as he may have thereunder.

POLICY FORMULATION Sec. 33.32 (a) FORMULATION.-The Director shall prepare for the President, the Secretary of State, and the heads of such other Gov

30 For legislation authorizing financial assistance to small business concerns "directly and seriously affected by the significant reduction of the scope or amount of Federal support for any

a result of any international agreement limiting the development of strategic arms or the installation of strategic arms or strategic arms facilities," see sec. 7(b) of the Small Business Act, as amended by Public Law 92-385 (15 U.S.C. 636(b)(6)).

31 22 U.S.C. 2572. Sec. 6 of Public Law 96-517 added a new chapter 38 to title 35 of the United States Code which lakos precedent over other acls governing the rights in inventions made by small business firms and nonprofit organizations under funding agreements with Federal agencies for the performance of experimental, developmental, or research work.

32 22 U.S.C. 2573. Sec. 709 of Public Law 103-236 (108 Suat. 494) restated scc. 33 and amended it by adding the words, 'n a militarily significant manner" in para. (b), and to delete a final sentence which had been added by sec. 3 of Public Law 88–186) and read, “Nothing contained

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