ANNEX E CHECKLIST OF POSSIBLE RECOMMENDATIONS A. Recommendations Designed to Enhance ACDA's Role or Improve its Operations 1. Legislation (a) Remove ACDA from subordination to the Secretary of State. (b) Give the ACDA Director NSC membership or observer status by statute. (c) Require ACDA analysis and comment on defense programs and policies; either 1. Harrington amendment; or 2. Provision (perhaps in DOD Authorization Act) requiring the President to obtain and transmit to the Congress an "impact" analysis with arms control impact and ACDA evaluation specifically included, whenever a new weapons system is proposed. (d) Same approach as (c) above to major U.S. arms sales. (e) Include provision (perhaps in ACDA authorization act) endorsing a more active public information program and earmarking funds. (f) Amend section 50 to require that the annual report deal not only with "the activities of the Agency" but also with the status, prospects, and needs of arms control. (g) Establish Senate and House Arms Control Committees (or one joint committee). (h) Amend act to require that the Director or other ACDA official be the negotiator for all arms control negotiations. (i) Amend act (section 2) to assign to ACDA primary responsibility within the Government for its functions. (j) Amend act to require that ACDA be consulted on military assistance decisions, foreign military sales, and issuance of arms export licenses. (k) Amend act to stipulate that ACDA must on request submit views and reports to appropriate officials or committees of the Congress, and that ACDA Director must on request state his personal views to the President and to competent congressional committees. (1) Make General Advisory Committee advisory to Congress as well as the President, Secretary of State, and ACDA Director. 2. Funding, Organizational, or Procedural Recommendations Within Present Act (a) Increase funding levels -Overall. -For central functions of policy formulation and negotiations. -For analysis (including of defense weapons systems proposals). (b) Greater recognition of Director's "principal adviser" role, through— -NSC and defense program review regular participation. -Participation in major diplomatic occasions (summits, major visits of heads of state of foreign ministers) where arms control is prominent. -Role as U.S. spokesman on arms control policy. (c) ACDA leadership of major arms control negotiating teams (SALT, MBFR). (d) Call for more active ACDA public information program. (e) Call for reduction or elimination of number of military officers (active or recently retired) in senior ACDA slots. (f) Call for more vigorous ACDA dialog with private students of arms control and related issues, and with citizens groups. (g) Call for more open posture toward Congress by executive branch, and by ACDA in particular, with recognition of congressional (and public) need for access to range of issues, alternatives, facts, and diverse views on arms control and defense decisions. (h) Call for greater recognition of importance of controlling flows of arms purchases and military forces in regional conflicts, and urge greater use of ACDA in planning and negotiations to limit or settle conflicts, with increased staff and studies to make this possible. (i) Point to absence of basic studies of possible changes in arms control role in the changing world, and urge greater attention both in government and private bodies. 3. Substantive or policy recommendations (range of possibilities is so great that whole staff review paper constitutes the checklist). B. Recommendations Designed to Recognize More Modest ACDA Role or Narrower Focus 1. Legislation (a) Subordinate ACDA and its functions entirely to Secretary of State. (b) Remove negotiation and/or public information functions from ACDA and concentrate on research, analysis, and policy studies. (c) Authorize and fund greater congressional capability to study defense and arms control issues and approaches -Committee staffs -OTA -Outside contracts. 2. Funding, Organizational, or Procedural Recommendations (a) Urge State Department (NSC staff? DOD analysis and policy units?) be strengthened to play a larger role. ARMS CONTROL AND DISARMAMENT ACT, AS AMENDED CONTENTS Page Title 1-Short Title, Purpose, and Definitions Section 1-Short Title. Section 3-Definitions. Title II-Organization.. 232 232 232 233 234 Section 21-United States Arms Control and Disarmament Agency. 234 234 Section 23-Deputy Director. 234 Section 33-Policy Formulation. Section 34-Negotiations and Related Functions. Section 35-Coordination__ Title IV-General Provisions. Section 41-General Authority Section 42-Foreign Service Reserve and Staff Officers. Section 43- -Contracts or Expenditures_ Section 44- -Conflict of Interest and Dual Compensation Laws_ Section 46-Comptroller General Audit_. 234 234 234 235 235 236 236 236 236 237 237 238 238 238 239 240 Section 49-Appropriation__ Section 47-Transfer of Activities and Facilities to Agency. Section 50-Report to Congress- 240 240 241 241 Public Law 87-297 [H.R. 9118], 75 Stat. 631, approved September 26, 1961, as amended by Public Law 88-186 [S. 777], 77 Stat. 341, approved November 26, 1963; Public Law 88-426 [H.R. 11049], 78 Stat. 400, approved August 14, 1964; Public Law 88-448 [H.R. 7381], 78 Stat. 484, approved August 19, 1964; Public Law 89-27 [H.R. 2998], 79 Stat. 118, approved May 27, 1965; Public Law 90-314 [H.R. 14940], 82 Stat. 129, approved May 23, 1968; Public Law 91-246 [S. 3544], 84 Stat. 207, approved May 12, 1970; Public Law 92-352 [H.R. 14734], 86 Stat. 489, approved July 13, 1972; and Public Law 93-332 [H.R. 12799], 88 Stat. 289, approved July 8, 1974 AN ACT To establish a United States Arms Control and Disarmament Agency. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. TITLE I-SHORT TITLE, PURPOSE, AND DEFINITIONS SHORT TITLE SECTION 1. This Act may be cited as the "Arms Control and Disarmament Act". PURPOSE SEC. 2. An ultimate goal of the United States is a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use 122 U.S.C. 2551 note. 2 22 U.S.C. 2551. (232) of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. It is the purpose of this Act to provide 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. 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 must be able 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. 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 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, au 3 This goal was reaffirmed in Sec. 1 of the Foreign Military Sales Act, P.L. 90-629 (22 U.S.C. 2751), which added: "In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.' That section further expressed the sense of the Congress that foreign military sales be approved "only when they are consistent with the foreign policy interests of the United States *** with particular regard being given, where appropriate ** to the impact of the sales on *** existing or incipient arms races." See also Sec. 42(a) of the Foreign Military Sales Act, as amended (22 U.S.C. 2791), and Sec. 511 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2321d). Executive Order 11501 directs that in carrying out the functions delegated to them with respect to foreign military sales, 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 assuring that the Agency's views are made known and taken into account in policy determinations with respect to foreign military sales and other international arms transfers, that the Agency's suggestions for relevant arms control initiatives are given due consideration, and that opportunities to promote relevant arms control and disarmament objectives are not missed. 422 U.S.C. 2552. thority, 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. 21.5 There is hereby established an agency to be known as the "United States Arms Control and Disarmament Agency". DIRECTOR SEC. 22. The Agency shall be headed by a Director, who shall serve as the principal adviser to the Secretary of State 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. He shall be appointed by the President, by and with the advice and consent of the Senate." DEPUTY DIRECTOR SEC. 23. 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. ASSISTANT DIRECTORS SEC. 24.10 Not to exceed four Assistant Directors may be appointed by the President, by and with the advice and consent of the Senate." They shall perform such duties and exercise such powers as the Director may prescribe. BUREAUS, OFFICES, AND DIVISIONS SEC. 25.12 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 under this Act, including, but not Imited to, an Office of the General Counsel. GENERAL ADVISORY COMMITTEE SEC. 26.13 The President, by and with the advice and consent of the Senate, may appoint a General Advisory Committee of not to exceed fifteen members to advise the Director on arms control and disarmament policy and activities. The President shall designate one of the members as Chairman. The members of the committee may receive the compensation and reimbursement for expenses specified for consultants by section 41(d) of this Act. The Committee shall meet at least twice each year. It shall from time to time advise the President, the 5 22 U.S.C. 2561. 6 22 U.S.C. 2562. 7 Sec. 305 (17) (A) of Public Law 88-426 repealed a sentence fixing the compensation of the Director, and Sec. 303 (b) (13) of Public Law 88-426 established such compensation at a rate which was subsequently increased to $42.500 per annum. See 5 U.S.C. 5313, as modified by 2 U.S.C. 356-361 and 34 F.R. 2241 (February 15, 1969). 8 22 U.S.C. 2563. Sec. 305 (17) (B) of Public Law 88-426 repealed a sentence fixing the compensation of the Deputy Director, and Sec. 303 (d) (35) of Public Law 88-426 established such compensation at a rate which was subsequently increased to $38,000 per annum. See 5 U.S.C. 5315. as modified by 2 U.S.C. 356–361 and 34 F.R. 2241 (February 15, 1969). 10 22 U.S.C. 2564. 11 Sec. 305 (17) (C) of Public Law 88-426 repealed a sentence fixing the compensation of Assistant Directors, and Sec. 303 (e) (75) of Public Law 88-426 established such compensation at a rate which, together with the compensation of the General Counsel established by Sec. 303 (e) (85), was subsequently increased to $36,000 per annum. See 5 U.S.C. 5316, as modified by 2 U.S.C. 356-361 and 34 F.R. 2241 (February 15, 1969). 12 22 U.S.C. 2565. 13 22 U.S.C. 2566. |