[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2155 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2155

To improve the negotiation and implementation of arms control treaties.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 1993

Mr. Lantos (for himself and Mr. Berman) introduced the following bill; 
         which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
To improve the negotiation and implementation of arms control treaties.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PURPOSES.

    The purposes of this Act are--
            (1) to provide renewed impetus in improving the United 
        States Government's ability to manage the complex process of 
        negotiating and implementing arms control treaties;
            (2) to provide central leadership and coordination to 
        United States nonproliferation policy; and
            (3) to improve congressional oversight of the operating 
        budget of the United States Arms Control and Disarmament 
        Agency.

SEC. 2. ACDA DIRECTOR.

    (a) Director.--Section 22 of the Arms Control and Disarmament Act 
(22 U.S.C. 2562) is amended to read as follows:

``SEC. 22. DIRECTOR.

    ``(a) Appointment.--The Agency shall be headed by a Director, who 
shall be 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 appointed 
Director.
    ``(b) Duties.--The Director shall serve as the principal adviser to 
the President and other executive branch officials on matters relating 
to arms control, disarmament, and nonproliferation. In carrying out his 
or her duties under this Act, the Director, under the guidance of the 
Secretary of State, shall have primary responsibility for matters 
relating to arms control, disarmament, and nonproliferation, as defined 
by this Act.''.
    (b) Permanent Membership on National Security Council.--Section 
101(a) of the National Security Act of 1947 (50 U.S.C. 402(a)) is 
amended--
            (1) by redesignating paragraphs (5) through (7) as 
        paragraphs (6) through (8), respectively; and
            (2) by inserting after paragraph (4) the following new 
        paragraph (5):
            ``(5) the Director of the United States Arms Control and 
        Disarmament Agency;''.

SEC. 3. SPECIAL REPRESENTATIVES.

    (a) In General.--Section 27 of the Arms Control and Disarmament Act 
(22 U.S.C. 2567) is amended to read as follows:

``SEC. 27. SPECIAL REPRESENTATIVES.

    ``(a) Appointment.--The President may appoint, by and with the 
advice and consent of the Senate, Special Representatives of the 
President for Arms Control and Nonproliferation. Each Presidential 
Special Representative shall hold the personal rank of ambassador.
    ``(b) Duties.--Presidential Special Representatives shall perform 
their duties and exercise their powers under direction of the 
President, acting through the Director. One such Special Representative 
shall serve as the United States Governor to the Board of Governors of 
the International Atomic Energy Agency.
    ``(c) Administrative Support.--The Agency shall be the Government 
agency responsible for providing administrative support, including 
funding, staff, and office space, to all Presidential Special 
Representatives appointed under this section.''.
    (b) Conforming Amendment.--Section 5315 of title 5, United States 
Code, is amended by striking ``Special Representatives for Arms Control 
and Disarmament Negotiations, United States Arms Control and 
Disarmament Agency (2).'' and inserting ``Special Representatives of 
the President for Arms Control and Nonproliferation.''.

SEC. 4. NEGOTIATION MANAGEMENT.

    Section 34 of the Arms Control and Disarmament Act (22 U.S.C. 2574) 
is amended to read as follows:

``SEC. 34. NEGOTIATIONS AND RELATED FUNCTIONS.

    ``The Director shall have primary responsibility for the 
preparation and management of United States participation in all 
international negotiations and implementation forums in the fields of 
arms control, disarmament, and nonproliferation. To this end--
            ``(1) the Director shall have primary responsibility for 
        the preparation, formulation, support, and transmission of 
        instructions and guidance for all such negotiations and forums, 
        and shall manage interagency groups established within the 
        executive branch to support such negotiations and forums; and
            ``(2) all United States Government representatives 
        conducting negotiations or acting pursuant to agreements in the 
        fields of arms control, disarmament, or nonproliferation shall 
        perform their duties and exercise their powers, under the 
        direction of the President, acting through the Director.''.

SEC. 5. PARTICIPATION OF ACDA DIRECTOR IN CERTAIN DELIBERATIONS.

    (a) Arms Export Control Act.--(1) Section 38(a)(2) of the Arms 
Export Control Act (22 U.S.C. 2778(a)(2)) is amended to read as 
follows:
    ``(2) Decisions on issuing export licenses under this section shall 
be made in coordination with the Director of the United States Arms 
Control and Disarmament Agency, taking into account the Director's 
assessment as to whether the export of an article will contribute to an 
arms race, aid in the development of weapons of mass destruction, 
support international terrorism, increase the possibility of outbreak 
or escalation of conflict, or prejudice the development of bilateral or 
multilateral arms control or nonproliferation agreements or other 
bilateral arrangements.''.
    (2) Section 42(a) of such Act (22 U.S.C. 2791(a)) is amended by 
striking out all that follows ``(3)'' in the last sentence and 
inserting the following: ``the assessment of the Director of the United 
States Arms Control and Disarmament Agency as to the extent to which 
such sale might contribute to an arms race, aid in the development of 
weapons of mass destruction, support international terrorism, increase 
the possibility of outbreak or escalation of conflict, or prejudice the 
development of bilateral or multilateral arms control or 
nonproliferation agreements or other arrangements. No decision shall be 
made over the objection of the Director unless the Director has been 
informed in writing of the reasons why the Director's opinion was not 
deemed sufficient to deny the proposed sale, and afforded a reasonable 
opportunity to appeal the proposed decision.''.
    (3) Section 71 of such Act (22 U.S.C. 2797) is amended--
            (A) in subsection (a) by inserting ``, the Director of the 
        United States Arms Control and Disarmament Agency,'' after 
        ``Secretary of Defense'';
            (B) in subsection 7(b)(1) inserting ``and the Director of 
        the United States Arms Control and Disarmament Agency'' after 
        ``Secretary of Defense''; and
            (C) in subsection (b)(2)--
                    (i) by striking out ``and the Secretary of 
                Commerce'' and inserting in lieu thereof ``, the 
                Secretary of Commerce, and the Director of the United 
                States Arms Control and Disarmament Agency''; and
                    (ii) by striking the comma after ``applicant'' and 
                all that follows through ``documents''.
    (b) Atomic Energy Act.--(1) Section 131 b. of the Atomic Energy Act 
of 1954 (42 U.S.C. 2160(b)) is amended--
            (A) in paragraph (2) by inserting ``and the Director of the 
        United States Arms Control and Disarmament Agency'' after 
        ``Secretary of State''; and
            (B) in paragraph (3) by inserting ``and the Director of the 
        United States Arms Control and Disarmament Agency'' after 
        ``Secretary of State''.
    (2) Section 142 of such Act (42 U.S.C. 2162) is amended by adding 
at the end thereof the following new subsection:
    ``(f) All determinations under this section to remove data from the 
Restricted Data category shall be made only after consultation with the 
Director of the United States Arms Control and Disarmament Agency. If 
the Commission, the Department of Defense, and the Director do not 
agree, the determination shall be made by the President.''.
    (c) Nuclear Non-Proliferation Act.--Section 309(c) of the Nuclear 
Non-Proliferation Act of 1978 (42 U.S.C. 2139a) is amended to read as 
follows:
    ``(c)(1) The Department of Commerce shall maintain controls over 
all export items, other than those licensed by the Commission, which 
could be, if used for purposes other than those for which the export is 
intended, of significance for nuclear explosive purposes.
    ``(2) The Commission shall not grant any individual, distribution, 
or project license for the export of items controlled pursuant to 
paragraph (1) without prior consultation with the Department of State, 
the United States Arms Control and Disarmament Agency, the Commission, 
the Department of Energy, and the Department of Defense.
    ``(3)(A) The Secretary of Commerce shall, within 90 days after the 
date of enactment of this paragraph, establish orderly and expeditious 
procedures which are mutually agreeable to the Secretary of State, the 
Secretary of Defense, the Secretary of Energy, the Director of the 
United States Arms Control and Disarmament Agency, and the Nuclear 
Regulatory Commission. These procedures shall include provision for 
establishing the list of export items required by paragraph (1), for 
permitting automated access to all license applications for such items 
to all agencies listed in paragraph (2), and for formal interagency 
referral of license applications for the export of items on the list.
    ``(B) The procedures in effect under this subsection on the date of 
enactment of this paragraph shall cease to apply 90 days after the date 
of enactment of this paragraph or upon the effective date of the new 
procedures required by this paragraph, whichever occurs first.''.

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