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ernment 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 fur. ther affirmative legislation by the Congress of the United States.
NEGOTIATION MANAGEMENT SEC. 34.33 (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 appointed pursuant to section 27, 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, 34 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 35 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) for the purpose of conducting negotiations concerning arms control, nonproliferation, or disarmament or for the purpose of exercising any other authority given him by this Act,
(A) to consult and communicate with, or to direct the consultation and communication with, representatives of other nations or of international organizations, and
(B) to communicate in the name of the Secretary of State with diplomatic representatives of the United States in the United States or abroad;
in this Act shall be construed to authorize any policy of action by any Government agency which would interfere with, restrict, or prohibit the acquisition, possession, or use of firearms by an individual for the lawful purpose of personal defense, sport, recreation, education, or training.".
33 22 U.S.C. 2574. Sec. 710 of Public Law 103-236 (108 Slat. 494) restated sec. 34 and its heading, and amended it by adding para. (a) and the provisions relating to nonproliferation.
34 For additional statutory requirements relating to persons representing the United States In such organs, commissions or other bodies as may be created by lhe United Nations with respect to nuclear energy or disarmament (control and limitation of armament)”, sce sec. 2(b) of the United Nations Participation Act of 1945, as amended (22 U.S.C. 287(b)).
36 22 U.S.C. 1461 nole.
(2) 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
(3) as authorized by law, to put into effect, direct, or otherwise assume United States responsibility for such systems.
COORDINATION Sec. 35.36 The President is authorized to establish procedures to (1) assure cooperation, consultation, and a continuing exchange of information between the Agency and the Department of Defense, the Atomic Energy Commission, 37 the National Aeronautics and Space Administration, and other affected Government agencies, in all significant aspects of United States arms control, nonproliferation, 38 and disarmament policy and related matters, including current and prospective policies, plans, and programs, (2) resolve differences of opinion between the Director and such other agencies which cannot be resolved through consultation, and (3) provide for presentation to the President of recommendations of the Director with respect to such differences, when such differences involve major matters of policy and cannot be resolved through consultation.
ARMS CONTROL INFORMATION 39 SEC. 36.40 In order to assist the Director in the performance of his duties with respect to arms control, nonproliferation,41 and disarmament policy and negotiations, any Government agency preparing any legislative or budgetary proposal for
(1) any program of research, development, testing, engineering, construction, deployment, or modernization with respect to
26 22 U.S.C. 2575. See also Exccutive Order 11044 (27 F.R. 8341), as amended by sec. 2 of Executive Order 12608 (52 F.R. 34617), sec. 2 of Executive Order 12361 (47 F.R. 18313), and the Procedure for Developing Arms Control Impact Statements disseminated by the Deputy Assistant to the Assistant to the President for National Security Affairs by memorandum dated July 24, 1978.
Sec. 711 of Public Law 103-236 (108 Stat. 495) provided the following:
"Not later than December 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 Chair. man of the Joint Chiess of Stall, 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 rescarch and development on arms control, nonproliferation, and disarmament among all departments and agencies of the executive branch of Government.".
37 The Atomic Energy Commission was abolished by the Encrky Reorganization Act of 1974 (42 U.S.C. 5801 et seq.), and its functions transferred to the Energy Research and Development Administration and the Nuclear Regulatory Commission tablished by that Act. The Energy Research and Development Administration was lerminated by the Department of Energy Organization Act (42 U.S.C. 7101 et seq.) and its funetions transferred to the Department of Energy established by that Act.
38 Sec. 719(d) of Public Law 103–236 (108 Slat. 501) inserted“, nonproliferation," aller "arms control".
39 Sec. 719(eXI) of Public Law 103–236 (108 Slat. 501) restared the section heading, which formerly read "ARMS CONTROL IMPACT INFORMATION AND ANALYSIS".
40 22 U.S.C. 2576. This section was added by sec. 146 of Public Law 94141, and amended by sec. 1(1) and sec. 1(2) of Public Law 97-338. Subscr*, (b) and (c) of this section, relating to arms control impact information and analysis, were repealed by nec, 70411) of Public Law 103236 (108 Stat. 492). Sec. 719cX2) of that Act struck out subvec, designation "a". 41 Sec. 719(eX3) of Public Law 103-236 (108 Slal. 601) inserwd , non prolilerauo
108 Slal. 601) inserud ", non proliferation," aller "arms control".
nuclear armaments, nuclear implements of war, military facilities or military vehicles designed or intended primarily for the delivery of nuclear weapons,
(2) any program of research, development, testing, engineering, construction, deployment, or modernization with respect to armaments, ammunition, implements of war, or military facili. ties, having
(A) an estimated total program cost in excess of $250,000,000, or
(B) an estimated annual program cost in excess of $50,000,000, or (3) any other program involving technology with potential military application or weapons systems 42 which such Government agency or the Director believes may have a significant impact on arms control, nonproliferation, 41 and disarmament
policy or negotiations, shall, on a continuing basis, provide the Director with full and timely access to detailed information, in accordance with the procedures established pursuant to section 35 of this Act, with respect to the nature, scope, and purpose of such proposal.
VERIFICATION OF COMPLIANCE SEC. 37.43 (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;
(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; and
(4) the number of professional personnel assigned to arms control verification on a full-time basis by each Government agency. (b) STANDARD FOR VERIFICATION OF COMPLIANCE.-In making determinations under paragraphs (1) and (2) of subsection (a), the Director shall assume that all measures of concealment not expressly prohibited could be employed and that standard practices could be altered so as to impede verification.
12 Sec. 1(1) of Public Law 95–338 struck out the words "weapons systems or technology and inserted "technology with pouential military application or weapons systems". Senate Report Na 95-843, May 15, 1978, states al page 3 that this change was made "so that there would be no question that technology with potential military application, rather than, simply, weapons technology, could be reviewed and reported upon under the legislation.".
4322 U.S.C. 2577. This section originally was added by sec. 4 of Public Law 95-108. Sec. 712 of Public Law 103-236 (108 Slal. 495) reslaled the section and its heading, and amended it by adding para. (d) and the provisions relating to nonproliferation.
(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.
NEGOTIATING RECORDS SEC. 38.44 (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.
44 22 U.S.C. 2578. Added by sec. 713(a) of Public Law 103–236 (108 Slat. 496). Sec. 713(b) of that Act required the following:
") REPORT REQUIRED.-Not later than January 31, 1995, 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 Commillee on Foreign Relations of the Senate a detailed report describing the actions he has undertaken to implement section 38 of the Arms Control and Disarmament Act.".
Previously, sec. 38 had required that the President submit an annual report to Congress on the activities of the Standing Consultative Commission established under Article XIII of the Treaty on the Limitation of Anti-Ballistic Missile Systems. That sec. 38, originally added by sec. 3(b) of Public Law 100–213, and amended by sec. 401(a) of Public Law 103-199, was repealed by sec. 704(2) of Public Law 103-236 (108 Stat. 492).
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COMPREHENSIVE COMPILATION OF ARMS CONTROL AND DISARMAMENT
STUDIES SEC. 39.45 Pursuant to his responsibilities under section 31 of this Act, and in order to enhance Congressional and public understanding of arms control, nonproliferation, 46 and disarmament issues, the Director shall provide to the Congress not later than June 30 of each year a report setting forth
(1) a comprehensive list of studies relating to arms control, nonproliferation, 16 and disarmament issues concluded during the previous calendar year by government agencies or for government agencies by private or public institutions or persons; and
(2) a brief description of each such study. This report shall be unclassified, with a classified addendum if necessary.
TITLE IV–GENERAL PROVISIONS
GENERAL AUTHORITY SEC. 41.47 In the performance of his functions, the Director is authorized to
(a) utilize or employ the services, personnel, equipment, or facili. ties of any other Government agency, with the consent of the agency concerned, to perform such functions on behalf of the Agency as may appear desirable. It is the intent of this section that the Director rely upon the Department of State for general administrative services in the United States and abroad to the extent agreed upon between the Secretary of State and the Director. Any Government agency is authorized, notwithstanding any other provision of law, to transfer to or to receive from the Director, without reimbursement, supplies and equipment other than administrative supplies or equipment. Transfer or receipt of excess property shall be in accordance with the provisions of the Federal Property and Administrative Services Act of 1949, as amended; 48
(b) 49 appoint officers and employees, including attorneys, for the Agency in accordance with the provisions of title 5, United States Code, governing appointment in the competitive service, and fix their compensation in accordance with chapter 51 and with subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates,50,51 except that the Director may, to
46 22 U.S.C. 2579. This section was added by scc. 4 of Public Law 100–213.
46 Sec. 719(1) of Public Law 103-236 (108 Stat. 502) inscried “, nonproliferation," aner "arms control".
4722 U.S.C. 2581.
40 Sec. 5(a) of Public Law 95-108 amended and restated subsec. (b) which formerly read as follows: "(b) appoint oficers and employees, including attorneys, for the Agency in accordance with the civil service laws and six their compensation in accordance with the Classification Act of 1949, as amended;".
60 Rates of basic pay under the General Schedule are set forth in Schedule 1 of Executive Order 12826 (December 30, 1992) (57 F.R. 62909), as adjusted pursuant to 5 U.S.C. 5304. Prior to the amendment of 5 U.S.C. 3104(a) by sec. 414(aX2XB) or the Civil Service Reform Act of 1978 (Public Law 95-454), the Director was authorized to establish not more than 14 scientific or professional positions to carry out the research and development functions of the Agency which require the services of special qualified personnel. The authority to establish such positions is now vested in the Director of the Office of Personnel Management
of the Olice of Personnel Management with rates of basic pay fixed as provided in 5 U.S.C. 5371. The rale of basic pay of the Public Affairs Adviser is