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(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 project as 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 Ú.S.C. 2572. Sec. 6 of Public Law 96-517 added a new chapter 38 to title 35 of the United States Code which takes precedent over other acts 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 Stat. 494) restated sec. 33 and amended it by adding the words, in 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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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 further 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 Stat. 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 the 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)).

35 22 U.S.C. 1461 note.

(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.

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SEC. 36.40 In order to assist the Director in the performance of his duties with respect to arms control, nonproliferation,11 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

36 22 U.S.C. 2575. See also Executive 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:

"SEC. 711. REPORT ON MEASURES TO COORDINATE RESEARCH AND DEVELOPMENT.

"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 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.".

37 The Atomic Energy Commission was abolished by the Energy 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 established by that Act. The Energy Research and Development Administration was terminated by the Department of Energy Organization Act (42 U.S.C. 7101 et seq.) and its functions transferred to the Department of Energy established by that Act.

38 Sec. 719(d) of Public Law 103-236 (108 Stat. 501) inserted “, nonproliferation," after "arms control".

39 Sec. 719(eX1) of Public Law 103-236 (108 Stat. 501) restated 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 94-141, and amended by sec. 1(1) and sec. 1(2) of Public Law 95-338. Subsccs. (b) and (c) of this section, relating to arms control impact information and analysis, were repealed by sec. 704(1) of Public Law 103236 (108 Stat. 492). Sec. 719 (eX2) of that Act struck out subsec. designation “(a)".

41 Sec. 719(eX3) of Public Law 103-236 (108 Stat. 501) inserted ", nonproliferation," after "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 facilities, 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 12 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.

42 Sec. 1(1) of Public Law 95-338 struck out the words "weapons systems or technology" and inserted "technology with potential military application or weapons systems". Senate Report No. 95-843, May 15, 1978, states at 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.".

43 22 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 Stat. 495) restated 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.

4422 U.S.C. 2578. Added by sec. 713(a) of Public Law 103-236 (108 Stat. 496). Sec. 713(b) of that Act required the following:

"(b) 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 Committee 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).

88-541 95-38

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