[Congressional Record Volume 140, Number 1 (Tuesday, January 25, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: January 25, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                  PELL (AND SIMON) AMENDMENT NO. 1250

  Mr. PELL (for himself and Mr. Simon) proposed an amendment to the 
bill S. 1281, supra; as follows:

       On page 179, after line 6, add the following new title:
       TITLE VIII--ARMS CONTROL AND NONPROLIFERATION ACT OF 1994

     SEC. 801. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the ``Arms 
     Control and Nonproliferation Act of 1994''.
       (b) References in Title.--Except as specifically provided 
     in this title, whenever in this title an amendment or repeal 
     is expressed as an amendment to or repeal of a provision, the 
     reference shall be deemed to be made to the Arms Control and 
     Disarmament Act.

     SEC. 802. CONGRESSIONAL DECLARATIONS; PURPOSE.

       (a) Congressional Declarations.--The Congress declares 
     that--
       (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 fifteen new independent states, and the 
     revolutionary changes in Eastern Europe, is to eliminate 
     chemical and biological weapons and to reduce and limit the 
     large numbers of nuclear weapons in the former Soviet Union 
     and, more generally, to prevent the proliferation of weapons 
     of mass destruction and their means of delivery, and of high-
     technology conventional armaments as well as to prevent 
     regional conflicts and conventional arms races; and
       (2) an ultimate goal of the United States 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 title is--
       (1) to strengthen the United States 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.

     SEC. 803. PURPOSES.

       Section 2 (22 U.S.C. 2551) is amended in the text following 
     the third undesignated paragraph by striking paragraphs (a), 
     (b), (c), and (d) and by inserting the following new 
     paragraphs:
       ``(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.''.

     SEC. 804. REPEALS.

       The following provisions of law are hereby repealed:
       (1) Section 26 (22 U.S.C. 2566), relating to the General 
     Advisory Committee.
       (2) Section 36 (22 U.S.C. 2578), relating to arms control 
     impact information and analysis.
       (3) Section 38 (22 U.S.C. 2578), relating to reports on 
     Standing Consultative Commission activities.
       (4) Section 1002 of the Department of Defense Authorization 
     Act, 1986 (22 U.S.C. 2592a), relating to an annual report on 
     Soviet compliance with arms control commitments.

     SEC. 805. DIRECTOR.

       Section 22 (22 U.S.C. 2562) is amended to read as follows:


                               ``DIRECTOR

       ``Sec. 22. (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 appointed Director.
       ``(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 matters. 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.''.

     SEC. 806. BUREAUS, OFFICES, AND DIVISIONS.

       Section 25 (22 U.S.C. 2565) is amended to read as follows:

     ``SEC. 25. BUREAUS, OFFICES, AND DIVISIONS.

       ``The Director, under the direction of the Secretary of 
     State, 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 perform legal services for the Agency.''.

     SEC. 807. PRESIDENTIAL SPECIAL REPRESENTATIVES.

       (a) Sections 27 and 28 (22 U.S.C. 2567, 2568) are 
     redesignated as sections 26 and 27, respectively.
       (b) Section 26 (as redesignated by subsection (a)) is 
     amended to read as follows:


                 ``PRESIDENTIAL SPECIAL REPRESENTATIVES

       ``Sec. 26. 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. Each Presidential Special Representative shall 
     hold the personal rank of ambassador. Presidential Special 
     Representatives appointed under this section shall perform 
     their duties and exercise their powers under 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.''.

     SEC. 808. POLICY FORMULATION.

       Section 33 (22 U.S.C. 2573) is amended to read as follows:


                          ``POLICY FORMULATION

       ``Sec. 33. (a) Formulation.--The Director shall prepare for 
     the President, the Secretary of State, and the heads of such 
     other Government 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.''.

     SEC. 809. NEGOTIATION MANAGEMENT.

       Section 34 (22 U.S.C. 2574) is amended to read as follows:


                        ``negotiation management

       ``Sec. 34. (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 for Nonproliferation, established pursuant 
     to section 26, 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, 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 
     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) 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
       ``(2) as authorized by law, to put into effect, direct, or 
     otherwise assume United States responsibility for such 
     systems.''.

     SEC. 810. REPORT ON MEASURES TO COORDINATE RESEARCH AND 
                   DEVELOPMENT.

       Not later than March 31, 1995, 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.

     SEC. 811. NEGOTIATING RECORDS.

       (a) In General.--The Arms Control and Disarmament Act is 
     amended by inserting after section 35 the following:


                         ``NEGOTIATING RECORDS

       ``Sec. 36. (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.''.
       (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 36 of the 
     Arms Control and Disarmament Act.

     SEC. 812. VERIFICATION OF COMPLIANCE.

       Section 37 (22 U.S.C. 2577) is amended to read as follows:


                      ``VERIFICATION OF COMPLIANCE

       ``Sec. 37. (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; and
       ``(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.
       ``(b) Standard for Verification of Compliance.--In making 
     determinations under paragraphs (1) and (2) of subsection 
     (a), the Director shall assume all measures of concealment 
     not expressly prohibited could be employed and that standard 
     practices could be altered so as to impede verification.
       ``(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.''.

     SEC. 813. AUTHORITIES WITH RESPECT TO NONPROLIFERATION 
                   MATTERS.

       (a) Amendments to the 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 would contribute to an arms race, 
     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. The 
     Director of the Arms Control and Disarmament Agency is 
     authorized, whenever the Director determines that the 
     issuance of an export license under this section would be 
     detrimental to the national security of the United States, to 
     recommend to the President that such export license be 
     disapproved.''.
       (2) Section 42(a) of such Act (22 U.S.C. 2791(a)) is 
     amended--
       (A) by redesignating clauses (1), (2), and (3) as clauses 
     (A), (B), and (C), respectively;
       (B) by inserting ``(1)'' immediately after ``(a)'';
       (C) by amending clause (C) (as redesignated) to read as 
     follows:
       ``(C) the assessment of the Director of the United States 
     Arms Control and Disarmament Agency as to whether, and the 
     extent to which, such sale might contribute to an arms race, 
     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;''; and
       (D) by adding at the end the following:
       ``(2) Any proposed sale made pursuant to this Act shall be 
     approved only after consultation with the Director of the 
     United States Arms Control and Disarmament Agency. The 
     Director of the Arms Control and Disarmament Agency is 
     authorized, whenever the Director determines that a sale 
     under this section would be detrimental to the national 
     security of the United States, to recommend to the President 
     that such sale be disapproved.''.
       (3) Section 71(a) of such Act (22 U.S.C. 2797(a)) is 
     amended by inserting ``and the Director of the Arms Control 
     and Disarmament Agency'' after ``The Secretary of Defense''.
       (4) Section 71(b)(1) of such Act (22 U.S.C. 2797(b)(1)) is 
     amended by inserting ``and the Director of the United States 
     Arms Control and Disarmament Agency'' after ``Secretary of 
     Defense''.
       (5) Section 71(b)(2) of such Act (22 U.S.C. 2797(b)(2)) is 
     amended by inserting ``and the Director of the United States 
     Arms Control and Disarmament Agency'' after ``The Secretary 
     of Commerce''.
       (6) Section 71(c) of such Act (22 U.S.C. 2797(c)) is 
     amended by inserting ``to include the Director of the Arms 
     Control and Disarmament Agency'' after ``other appropriate 
     Government agencies''.
       (7) Section 73(d) of such Act (22 U.S.C. 2797(d)) is 
     amended by inserting ``and the Director of the United States 
     Arms Control and Disarmament Agency'' after ``The Secretary 
     of Commerce''.
       (b) Amendment to the Nuclear Non-Proliferation Act.--
     Section 309(c) of the Nuclear Non-Proliferation Act of 1978 
     (42 U.S.C. 2139(a)) is amended in the second sentence by 
     striking out ``, as required,''.

     SEC. 814. APPOINTMENT AND COMPENSATION OF PERSONNEL.

       Section 41(b) (22 U.S.C. 2581(b)) is amended by striking 
     all that follows ``General Schedule pay rates,'' and 
     inserting in lieu thereof ``except that--
       ``(1) the Director may, to the extent the Director 
     determines necessary, appoint in the excepted service, and 
     fix the compensation of, employees possessing specialized 
     technical expertise without regard to provisions of title 5, 
     United States Code, governing appointment or compensation of 
     employees of the United States,
       ``(2) an employee who is appointed under this provision may 
     not be paid a salary in excess of the rate payable for 
     positions of equivalent difficulty or responsibility, and in 
     no event, may be paid at a rate exceeding the maximum rate in 
     effect for level 15 of the General Schedule, and
       ``(3) the number of employees appointed under this 
     paragraph shall not exceed ten percent of the number of 
     positions allowed under the Agency's full-time equivalent 
     limitation.''.

     SEC. 815. SECURITY REQUIREMENTS.

       Section 45(a) (22 U.S.C. 2585) is amended in the third 
     sentence--
       (1) by inserting ``or employed directly from other 
     Government agencies'' after ``persons detailed from other 
     Government agencies''; and
       (2) by striking ``by the Department of Defense or the 
     Department of State'' and inserting ``by such agencies''.

     SEC. 816. ANNUAL REPORT TO CONGRESS; AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) In General.--Title IV of the Arms Control and 
     Disarmament Act is amended--
       (1) by striking sections 49 and 50;
       (2) by redesignating sections 51 and 53 as sections 49 and 
     50, respectively; and
       (3) by inserting after section 50 (as redesignated by 
     paragraph (2)) the following new sections:


                      ``ANNUAL REPORT TO CONGRESS

       ``Sec. 51. (a) In General.--Not later than January 31 of 
     each year, the President shall submit to the Speaker of the 
     House of Representatives and to the chairman of the Committee 
     on Foreign Relations of the Senate a report prepared by the 
     Director, in consultation with the Secretary of State, the 
     Secretary of Defense, the Secretary of Energy, the Chairman 
     of the Joint Chiefs of Staff, and Director of Central 
     Intelligence, on the status of United States policy and 
     actions with respect to arms control, nonproliferation, and 
     disarmament. Such report shall include--
       ``(1) a detailed statement concerning the arms control and 
     disarmament objectives of the executive branch of Government 
     for the forthcoming year;
       ``(2) a detailed statement concerning the nonproliferation 
     objectives of the executive branch of Government for the 
     forthcoming year;
       ``(3) a detailed assessment of the status of any ongoing 
     arms control or disarmament negotiations, including a 
     comprehensive description of negotiations or other activities 
     during the preceding year and an appraisal of the status and 
     prospects for the forthcoming year;
       ``(4) a detailed assessment of the status of any ongoing 
     nonproliferation negotiations or other activities, including 
     a comprehensive description of the negotiations or other 
     activities during the preceding year and an appraisal of the 
     status and prospects for the forthcoming year;
       ``(5) a detailed assessment of adherence of the United 
     States to obligations undertaken in arms control, 
     nonproliferation, and disarmament agreements, including 
     information on the policies and organization of each relevant 
     agency or department of the United States to ensure adherence 
     to such obligations, a description of national security 
     programs with a direct bearing on questions of adherence to 
     such obligations and of steps being taken to ensure 
     adherence, and a compilation of any substantive questions 
     raised during the preceding year and any corrective action 
     taken; and
       ``(6) a detailed assessment of the adherence of other 
     nations to obligations undertaken in all arms control, 
     nonproliferation, and disarmament agreements to which the 
     United States is a participating state, including information 
     on actions taken by each nation with regard to the size, 
     structure, and disposition of its military forces in order to 
     comply with arms control, nonproliferation, or disarmament 
     agreements, and shall include, in the case of each agreement 
     about which compliance questions exist--
       ``(A) a description of each significant issue raised and 
     efforts made and contemplated with the other participating 
     state to seek resolution of the difficulty;
       ``(B) an assessment of damage, if any, to the United States 
     security and other interests; and
       ``(C) recommendations as to any steps that should be 
     considered to redress any damage to United States national 
     security and to reduce compliance problems.
       ``(b) Classification of the Report.--The report required by 
     this section shall be submitted in unclassified form, with 
     classified annexes, as appropriate.


                   ``AUTHORIZATION OF APPROPRIATIONS

       ``Sec. 52. (a) Authorization of Appropriations.--To carry 
     out the purposes of this Act, there are authorized to be 
     appropriated--
       ``(1) $57,500,000 for fiscal year 1994 and $59,375,000 for 
     fiscal year 1995; and
       ``(2) such additional amounts as may be necessary for each 
     fiscal year for which an authorization of appropriations is 
     provided for in paragraph (1) of this subsection for 
     increases in salary, pay, retirement, other employee benefits 
     authorized by law, and other nondiscretionary costs, and to 
     offset adverse fluctuations in foreign currency exchange 
     rates.
       ``(b) Transfer of Funds.--Funds appropriated pursuant to 
     this section may be allocated or transferred to any agency 
     for carrying out the purposes of this Act. Such funds shall 
     be available for obligation and expenditure in accordance 
     with the authorities of this Act or in accordance with the 
     authorities governing the activities of the agencies to which 
     such funds are allocated or transferred.
       ``(c) Limitation.--Not more than 12 percent of any 
     appropriation made pursuant to this Act shall be obligated or 
     reserved during the last month of the fiscal year.''.
       (b) Effective Date.--So much of the amendment made by 
     subsection (a) as inserts section 52 of the Arms Control and 
     Disarmament Act shall be deemed to have become effective as 
     of October 1, 1993.

     SEC. 817. CONFORMING AMENDMENTS.

       (a) Section 2 (22 U.S.C. 2551) is amended--
       (1) in the second undesignated paragraph, by inserting ``, 
     nonproliferation,'' after ``Arms control''; and
       (2) in the second and third undesignated paragraphs, by 
     inserting ``, nonproliferation,'' after ``arms control'' each 
     place it appears.
       (b) Section 28 (22 U.S.C. 2568) is amended--
       (1) in the first sentence, by striking ``field of arms 
     control and disarmament'' and inserting ``fields of arms 
     control, nonproliferation, and disarmament''; and
       (2) in the second sentence, by inserting ``, 
     nonproliferation,'' after ``arms control''.
       (c) Section 31 (22 U.S.C. 2571) is amended--
       (1) in the text above paragraph (a), by striking ``field of 
     arms control and disarmament'' each of the three places it 
     appears and inserting ``fields of arms control, 
     nonproliferation, and disarmament'';
       (2) in the first sentence, by inserting ``and 
     nonproliferation'' after disarmament; and
       (3) in the fourth sentence, by inserting ``, 
     nonproliferation,'' after arms control each of the eight 
     places it appears.
       (d) Section 35 (22 U.S.C. 2575) is amended by inserting ``, 
     nonproliferation,'' after ``arms control''.
       (e) Section 39 (22 U.S.C. 2579) is amended by inserting ``, 
     nonproliferation,'' after ``arms control'' each of the two 
     places it appears.
       At the bottom of page 5, add the following:

       TITLE VIII--ARMS CONTROL AND NONPROLIFERATION ACT OF 1994

Sec. 801. Short title; references in title; table of contents.
Sec. 802. Congressional declarations; purpose.
Sec. 803. Purposes. 
Sec. 804. Repeals.
Sec. 805. Director.
Sec. 806. Bureaus, offices, and divisions.
Sec. 807. Presidential special representatives.
Sec. 808. Policy formulation.
Sec. 809. Negotiation management.
Sec. 810. Report on measures to coordinate research and development.
Sec. 811. Negotiating records.
Sec. 812. Verification of compliance.
Sec. 813. Authorities with respect to nonproliferation matters.
Sec. 814. Appointment and compensation of personnel.
Sec. 815. Security requirements.
Sec. 816. Annual report to Congress; authorization of appropriations.
Sec. 817. Conforming amendments.

                          ____________________