impetus toward this goal by creating a new agency of peace to deal with the problem of reduction and control of armaments looking toward ultimate world disarmament.

Arms control and disarmament policy, being an important aspect of foreign policy, must be consistent with national security policy as a whole. The formulation and implementation of United States arms control and disarmament policy in a manner which will promote the national security can best be insured by a central organization charged by statute with primary responsibility for this field. This organization must have such a position within the Government that it can provide the President, the Secretary of State, other officials of the executive branch, and the Congress with recommendations concerning United States arms control and disarmament policy, and can assess the effect of these recommendations upon our foreign policies, our national security policies, and our economy.*

of the Arms Export Control Act (22 U.S.C. 2778(a)(2))), and to amend sec. 42(a) of the Foreign Military Sales Act (now sec. 42(a) of the Arms Export Control Act (22 U.S.C. 2791(a))) and sec. 511 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2321(d)). See also Executive Order 11958 which directs in sec. 1 in subsec. (g) that the Director of the Arms Control and Disarmament Agency, within his area of responsibility, shall assist the Secretary of State in preparation of the annual presentation materials for security assistance programs required to be transmitted to Congress by sec. 25 of the Arms Export Control Act (22 U.S.C. 2765), and in subsec. (j) that with respect to matters related to subpars. (D) and (I) of sec. 36(b)(1) of that Act (22 U.S.Č. 2776(b)(1)) the Secretary of Defense shall consult with the Director of the Arms Control and Disarmament Agency, and in sec. 2 that in carrying out the functions delegated to them with respect to arms sales and exports, the Secretaries of State and Defense shall consult with the Director of this Agency on matters pertaining to his responsibilities.

The Director has charged an Assistant Director with primary responsibility for developing policy recommendations and negotiating proposals relating to the control of international transfers of arms and related technology and for assuring that the Agency's views are made known and taken into account concerning arms control factors involved in individual U.S. arms transfers and in policy decisions related to such transfers (22 CFR 601.14).

The Nuclear Non-Proliferation Act of 1978 (Public Law 95-242) amended the Atomic Energy Act of 1954, as amended, (the 1954 act) and created new requirements relating to nuclear export controls. The Arms Control and Disarmament Agency has the following responsibilities under this law:

Sec. 102 (22 U.S.C. 3222) directs the Director of the Agency "to establish and implement proce dures which will ensure orderly processing of subsequent arrangements and export li

censes with minimum time delay." Sec. 301(c) amended chapter 10 of the 1954 act by adding a new sec. 111 (42 U.S.C. 2141) in which subsec. (b) requires the Department of Energy to consult with the Agency before making certain government-to-government transfers of special nuclear material or source material.

Sec. 302 amended subsec. 57(b) of the 1954 act (42 U.S.C. 2077(b)) to require the Secretary of Energy to consult with the Agency before making a determination under that subsection that the production of special nuclear material outside of the United States is not inimical to the interest of the United States.

Sec. 303(a) amended chapter 11 of the 1954 act by adding sec. 131 (42 U.S.C. 2160) in which par. (1) of subsec. (a) requires the Secretary of Energy to consult with the Director of the Agency prior to entering into proposed subsequent arrangements under agreements for cooperation. Par. 2 of subsec. (a) provides that: "If in the Director's view a proposed subsequent arrangement might significantly contribute to proliferation, he may prepare an unclassified Nuclear Prolif eration Assessment Statement regarding the adequacy of the safeguards and other control mechanisms and the application of peaceful use assurances of the relevant agreement to ensure that assistance to be furnished pursuant to the subsequent arrangement will not be used to further any military or nuclear explosive purpose." Subsec. (c) requires the Secretary of Energy to establish implementing procedures which are agreeable to the Director and which require the Director to specify if he intends to prepare a Nuclear Proliferation Assessment Statement. If the Director declares that he intends to prepare a statement, subsec. (c) and par. (1) of subsec. (a) impose restrictions on actions by the Secretary of Energy to enter into the proposed subsequent arrangement. Sec. 402(a) (42 U.S.C. 2153a(a)) provides that source or special nuclear material exported from the United States may not be enriched without prior approval under procedures identical to those for proposed subsequent arrangements under sec. 131.

Sec. 804(a) amended chapter 11 of the 1954 act by adding a new sec. 126 (42 U.S.C. 2155) in which par. (1) of subsec. (a) requires the Secretary of State to consult with the Director of the Agency before notifying the Nuclear Regulatory Commission that it is the judgment of the exec

Continued

This organization must have the capacity to provide the essential scientific, economic, political, military, psychological, and technological information upon which realistic arms control and disarmament policy must be based. It shall have the authority, under the direction of the President and the Secretary of State,5 to carry out the following primary functions:

(a) The conduct, support, and coordination of research for arms control and disarmament policy formulation;

(b) The preparation for and management of United States participation in international negotiations in the arms control and disarmament field;

(c) The dissemination and coordination of public information concerning arms control and disarmament; and

(d) 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 and disarmament activities.

DEFINITIONS

Sec. 3.6 As used in this Act

(a) The terms "arms control" and "disarmament" mean the identification, verification, inspection, limitation, control, reduction, or elimination, of armed forces and armaments of all kinds under international agreement including the necessary steps taken under such an agreement to establish an effective

utive branch that a proposed export license or exemption for "any production or utilization facility or any source material or special nuclear material" will not be inimical to the common defense and security.

Sec. 304(d) (42 U.S.C. 2156a) requires the Nuclear Regulatory Commission to consult with the Director of the Agency in promulgating physical security regulations for exported nuclear materials. (See sec. 604 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99-399) which requires the Director to review and report to Congress on the adequacy of physical security standards.)

Sec. 309(a) amended sec. 109 of the 1954 act (42 U.S.C. 2139) to require in subsec. (a) that the Nuclear Regulatory Commission consult with the Director before determining which component parts of reactors, production facilities, or other items "are especially relevant from the standpoint of export control because of their significance for nuclear explosive purposes." Sec. 309(b) and sec. 309(c) require that implementing regulations of the Nuclear Regulatory Commission, and procedures regarding control by the Department of Commerce over export items which could be of significance for nuclear explosive purposes, shall provide for prior consultations with the Agency.

Sec. 401 amended subsec. 123(a) of the 1954 act (42 U.S.C. 2153(a)) to require, with certain exceptions, that "any proposed agreements for cooperation be negotiated by the Secretary of State * in consultation with the Director of the Arms Control and Disarmament Agency" and that when such agreements are submitted to the President they shall be accompanied by the views and recommendations of the Director "who shall also provide to the President an unclassified Nuclear Proliferation Assessment Statement regarding the adequacy of the safeguards and other control mechanisms and the peaceful use assurances contained in the agreement for cooperation to ensure that any assistance furnished thereunder will not be used to further any military or nuclear explosive purpose."

Sec. 401 also amended subsec. 123(d) of the 1954 act (42 U.S.C. 2153(d)) to provide that the 60day period for Congressional action on agreements for cooperation submitted to Congress under that subsection does not begin until the Nuclear Proliferation Assessment Statement required by subsec. 123(a) to be prepared by the Director of the Arms Control and Disarmament Agency has been submitted to Congress.

Sec. 602(c) directs the Agency to keep specified congressional committees currently informed on its activities to carry out the act and otherwise prevent proliferation, and on the activities of foreign nations of significance from the proliferation standpoint.

Sec. 602(e) directs the Agency to cooperate with the Comptroller General in the conduct of a study for a report to Congress by Mar. 10, 1981 on the implementation and impact of the act. 5 Sec. 144 of Public Law 94-141 struck out "It must be able" and inserted "It shall have the authority, under the direction of the President and the Secretary of State,".

622 U.S.C. 2552.

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* 10) of Pubbe bew 96-388 struck out the word "weapons systems secology with potential military application or weapons systems 95-468 May 15, 1978, states at page 3 that this cute was made that tion that technology with potentist military action, rather than any ology, sould be reviewed and reported upon under the legislation."

12) of Public Law 95-388 amended and red subsec. (b) with a

2) Any request to the Congress for authorisation or appropriations f A) any program described in subsection in) or (2), or (B) any program described in subsection and found by the Nadia th on the basis of the advice and recommendations received from the icant impact on arms control and dissent policy or negotiatin shell include a complete statement sunlying the impact of such disarmament policy and negotiations

to which a statement has been submitted to the Congress pursuant to paragraph (2).

(c) No court shall have any jurisdiction under any law to compel the performance of any requirement of this section or to review the adequacy of the performance of any such requirement on the part of any Government agency (including the Agency and the Director).

VERIFICATION OF ARMS CONTROL AGREEMENTS

Sec. 37.38 (a) It is the sense of the Congress that adequate verification of compliance should be an indispensable part of any international arms control agreement. In recognition of such policy and in order to assure that arms control proposals made or accepted by the United States can be adequately verified, the Director shall report to the Congress, on a timely basis, or upon a request by an appropriate committee of the Congress

(1) in the case of each element of any significant arms control proposal made to a foreign country by the United States, or made to the United States by a foreign country, the determination of the Director as to the degree to which such element can be verified by existing national technical means;

(2) in the case of any arms control agreement or treaty that has entered into force, any significant degradation or alteration in the capacity of the United States to verify the various components of such agreement or treaty;

(3) the number of professional personnel assigned to arms control verification on a full-time basis by each Government agency; and

(4) the amount and percentage of research funds expended by the Agency for the purpose of analyzing issues relating to arms control verification.

(b) For purposes of paragraphs (1) and (2) of subsection (a), the Director shall assume that all measures of concealment not exressly prohibited could be employed and that standard practices ould be altered so as to impede verification.

(c) Except as otherwise provided by law, nothing in this section hall be construed as requiring the disclosure of sensitive informaon relating to intelligence sources or methods or persons emloyed in the verification of compliance with arms control agreeents.

TITLE IV-GENERAL PROVISIONS

GENERAL AUTHORITY

Sec. 41.39 In the performance of his functions, the Director is au›rized to

a) utilize or employ the services, personnel, equipment, or faciliof any other Government agency, with the consent of the ncy concerned, to perform such functions on behalf of the

22 U.S.C. 2577. This section was added by sec. 4 of Public Law 95-108.

22 U.S.C. 2581.

system of international control, or to create and strengthen international organizations for the maintenance of peace.

(b) The term "Government agency" means any executive department, commission, agency, independent establishment, corporation wholly or partly owned by the United States which is an instrumentality of the United States, or any board, bureau, division, service, office, officer, authority, administration, or other establishment in the executive branch of Government. (c) The term "Agency" means the United States Arms Control and Disarmament Agency.

TITLE II-ORGANIZATION

UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

Sec. 21.7 There is hereby established an agency to be known as the "United States Arms Control and Disarmament Agency".

DIRECTOR

Sec. 22.8 The Agency shall be headed by a Director, who shall serve as the principal adviser to the Secretary of State, the National Security Council, and the President on arms control and disarmament matters. In carrying out his duties under this Act the Director shall, under the direction of the Secretary of State, have primary responsibility within the Government for arms control and disarmament matters, as defined in this Act. 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 and disarmament matters. 10 The Director 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.11

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 perform such duties and exercise such powers as the Director may prescribe. 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

7 22 U.S.C. 2561.

8 22 U.S.C. 2562.

Sec. 145 of Public Law 94-141 inserted ", the National Security Council," after "Secretary of State".

10 Sec. 2 of Public Law 98-202 added this sentence and substituted "The Director" in lieu of "He" in the next sentence.

11 Par. (a) of sec. 1 of Public Law 96-66 added the last sentence to this section. Sec. 305(17)(A) of Public Law 88-426 repealed a sentence fixing the compensation of the Director, and sec. 303(b)(13) of that Act established such compensation at level II of the Executive Schedule (5 U.S.C. 5313), the rate for which was subsequently increased to $77,400 per annum by Schedule 5 of Executive Order 12578 (52 F.R. 505) and to $89,500 per annum pursuant to 2 U.S.C. 359. (See 52 F.R. 4125.)

12 22 U.S.C. 2563.