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(b) 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 authority granted in this Act, or under authority governing the activities of the agencies to which such funds are allocated or transferred.

(c) Not more than 20 per centum of any appropriation made pursuant to this Act shall be obligated and/or reserved during the last month of a fiscal year."

(d) 78 Beginning with its request to the Congress for an authorization of appropriations for the fiscal year 1980, and with such request for each fiscal year thereafter, the Agency shall accompany such request with a detailed budget for each bureau and functional category within each bureau, which budget shall set forth and justify obligations and outlays for the fiscal year for which such request is made and for the fiscal year preceding and next following such year.

Public Law 93-332 added the $10.1 million authorization for fiscal year 1975, for which $9,250,000 was appropriated by Public Law 93-433 and $160,000 by Public Law 94-32.

Public Law 91-141 added the $23,440,000 authorization for fiscal years 1976 and 1977 as well as the provision in parentheses for additional amounts, and Public Law 94-144 authorized "such funds as may be necessary" for the three month period of July 1, 1976 through Sept. 30, 1976 between fiscal years 1976 and 1977. Public Law 94-121 appropriated $10.5 million for fiscal year 1976 and $2.7 million for this transition quarter. Public Law 94-303 appropriated an additional $950,000 (including not to exceed $5,000 for official reception and representation expenses) in Title I for fiscal year 1976 and $250,000 for the transition quarter, and $230,000 in Title II for fiscal year 1976 and $80,000 in Title III for the transition quarter for increased pay costs. (The availability of fiscal year 1976 appropriations was extended through the transition quarter by sec. 203 of Public Law 93-554.) For fiscal year 1977, $12 million (including not to exceed $10,000 for official reception and representation expenses) was appropriated by Public Law 94-362 and $200,000 was appropriated by Public Law 95-26 and $220,000 by Public Law 95-86 for increased pay costs. (Because the appropriations for other than increased pay costs exceeded the $23,440,000 authorization for fiscal years 1976 and 1977, $10,000 of the original $10 million authorization was used to cover the excess.)

Of the amount authorized for fiscal years 1976 and 1977, sec. 142 of Public Law 94-141 directed the use of not to exceed $1,000,000 for a study of the impact upon military expenditures of arms control measures mutually agreed to by the United States and the Soviet Union and sec. 143 specified $440,000 for the conduct of additional research, in consultation with the International Atomic Energy Agency, with respect to the development of nuclear safeguard techniques. For fiscal year 1978, $13.6 million (including not to exceed $10,000 for official reception and representation expenses) was appropriated by Public Law 95-86, $2,370,000 (including not to exceed $2,500 for official reception and representation expenses) was appropriated by Title I of Public Law 95-355, and $350,000 was appropriated by Title II of Public Law 95-355 for increased pay costs. For fiscal year 1979, $16,395,000 (including not to exceed $15,000 for official reception and representation expenses) was appropriated by Public Law 95-431, $925,000 was appropriated by Chapter IX of Title I of Public Law 96-38, and $400,000 was appropriated by Title II of Public Law 96-38 for increased pay costs.

Title V of Public Law 96-68 appropriated $18,270,000 (including not to exceed $16,500 for official reception and representation expenses) for the fiscal year ending Sept. 30, 1980 of which $720,000 was subsequently rescinded (45 F.R. 27687).

Sec. 101(0) of Public Law 96-536 appropriated the sum contained in H.R. 7584 ($18,500,000 including not to exceed $16,500 for official reception and representation expenses) on a continuing basis for the fiscal year 1981 of which $1,500,000 was subsequently rescinded (46 F.R. 18282). Sec. 101(i) of Public Law 97-92 appropriated the sum contained in H.R. 4169, as passed by the House ($16,768,000 including not to exceed $16,500 for official reception and representation expenses), on a continuing basis for fiscal year 1982.

For fiscal year 1983, sec. 101(d) of Public Law 97-377 (at 96 Stat. 1866) appropriated the sum contained in S. 2956, as reported in the Senate on Sept. 24, 1982 ($15,142,000 including not to exceed $20,000 for official reception and representation expenses) on a continuing basis, Title I of Public Law 98-63 appropriated $564,000, and Title II of Public Law 98-63 appropriated $300,000 for increased pay costs.

17 Sec. 4 of Public Law 88-186 added this subsection.

78 Subsec. (d) was added by sec. 3 of Public Law 95-338. Sec. 148 of Public Law 94-141 repealed a previous subsec. (d). Added by sec. 4 of Public Law 88-186, it had read: "None of the funds herein authorized to be appropriated shall be used to pay for the dissemination within the United States of propaganda concerning the work of the United States Arms Control and Disarmament Agency.'

79

REPORT TO CONGRESS

Sec. 50. The Director shall submit to the President, for transmittal to the Congress, not later than January 31 of each year, a report concerning activities of the Agency. Such report shall include a complete and analytical statement of arms control and disarmament goals, negotiations, and activities and an appraisal of the status and prospects of arms control negotiations and of arms control measures in effect.80

SPECIALISTS FLUENT IN RUSSIAN LANGUAGE

Sec. 51.81 The Director is authorized to create up to eight additional permanent personnel positions at both junior and more senior levels for specialists in Soviet foreign and military policies, arms control, or strategic affairs, who also demonstrate fluency in the Russian language.

T9 22 U.S.C. 2590.

So Sec. 149 of Public Law 94-141 added the last sentence to this section. 81 22 U.S.C. 2591. Sec. 4 of Public Law 98-202 added this section.

2. Arms Control and Disarmament Act Authorization for Fiscal Years 1984 and 1985

Partial text of Public Law 98-202 [H.R. 2906], 97 Stat. 1381, approved December 2, 1983

NOTE.-Except for the provisions included below, the ACDA Authorization Act, Fiscal Years, 1984 and 1985 consists of amendments to the Arms Control and Disarmament Act. These amendments have been incorporated into that Act at the appropriate places.

AN ACT To amend the Arms Control and Disarmament Act in order to extend the authorization for appropriations.

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

REPORT TO CONGRESS ON SOVIET COMPLIANCE WITH ARMS CONTROL

AGREEMENTS

Sec. 5. The President shall prepare and transmit to the Congress a report on the record of the compliance or noncompliance of the Soviet Union with existing arms control agreements to which the Soviet Union is a party.

SPECIAL REPRESENTATIVES FOR ARMS CONTROL AND DISARMAMENT NEGOTIATIONS

Sec. 6. (a)1

(b) Section 5315 of this title 5, United States Code, is amended(1) by striking out

"Special Representative for Arms Control and Disarmament Negotiations, United States Arms Control and Disarmament Agency."; and

(2) by adding at the end thereof the following:

"Special Representatives for Arms Control and Disarmament Negotiations, United States Arms Control and Disarmament Agency (2).".

'Subsec. (a) amended sec. 27 of the Arms Control and Disarmament Act (page_687) by authorizing the appointment of a second Special Representative for Arms Control and Disarmament negotiations.

3. Arms Control and Disarmament Agency Appropriations, 1985

Partial text of Public Law 98-411 [H.R. 5712], 98 Stat. 1545 at 1568, approved August 30, 1984

AN ACT Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1985, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of State, Justice, and Commerce, the Judiciary, and related agencies for the fiscal year ending September 30, 1985, and for other purposes, namely:

TITLE III-DEPARTMENT OF STATE AND RELATED
AGENCIES

RELATED AGENCIES

ARMS CONTROL AND DISARMAMENT AGENCY

ARMS CONTROL AND DISARMAMENT ACTIVITIES

For necessary expenses, not otherwise provided for, for arms control and disarmament activities, including not to exceed $28,000 for official reception and representation expenses, authorized by the Act of September 26, 1961, as amended (22 U.S.C. 2551 et seq.), $19,468,000.

(705)

4. Executive Order 11850, April 8, 1975, 40 F.R. 16187

RENUNCIATION OF CERTAIN USES IN WAR OF CHEMICAL HERBICIDES AND RIOT CONTROL AGENTS 1

The United States renounces, as a matter of national policy, first use of herbicides in war except use, under regulations applicable to their domestic use, for control of vegetation within U.S. bases and installations or around their immediate defensive perimeters, and first use of riot control agents in war except in defensive military modes to save lives such as:

(a) Use of riot control agents in riot control situations in areas under direct and distinct U.S. military control, to include controlling rioting prisoners of war.

(b) Use of riot control agents in situations in which civilians are used to mask or screen attacks and civilian casualties can be reduced or avoided.

(c) Use of riot control agents in rescue missions in remotely isolated areas, of downed aircrews and passengers, and escaping prisoners.

(d) Use of riot control agents in rear echelon areas outside the zone of immediate combat to protect convoys from civil disturbances, terrorists and paramilitary organizations.

I have determined that the provisions and procedures prescribed by this Order are necessary to ensure proper implementation and observance of such national policy.

Now, Therefore, by virtue of the authority vested in me as President of the United States of America by the Constitution and laws of the United States and as Commander-in-Chief of the Armed Forces of the United States, it is hereby ordered as follows:

Section 1. The Secretary of Defense shall take all necessary measures to ensure that the use by the Armed Forces of the United States of any riot control agents and chemical herbicides in war is prohibited unless such use has Presidential approval, in advance.

Sec. 2. The Secretary of Defense shall prescribe the rules and regulations he deems necessary to ensure that the national policy herein announced shall be observed by the Armed Forces of the United States.

NOTE.-Former Executive Order 11902 regarding Procedures for an Export Licensing Policy as to Nuclear Materials and Equipment was repealed by Executive Order 12058. For text of new Executive Order see Volume II, sec. I.

1

For additional material concerning this subject, see texts of the Geneva Protocol of 1925 and the Biological Weapons Convention (sec. D, vol. III).

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