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2. Arms Control and Nonproliferation Act of 1994

Partial text of part A, title VII, of Public Law 103–236 [Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382 at 491, approved April 30, 1994

TITLE VII-ARMS CONTROL

PART A-ARMS CONTROL AND NONPROLIFERATION ACT OF 1994

SEC. 701. SHORT TITLE; REFERENCES IN PART; TABLE OF CONTENTS. (a) 1 SHORT TITLE.-This part may be cited as the "Arms Control and Nonproliferation Act of 1994".

(b) REFERENCES IN PART.-Except as specifically provided in this part, whenever in this part 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.2 SEC. 702. 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 prevent the proliferation of nuclear weapons and their means of delivery and of advanced conventional armaments, to eliminate chemical and biological weapons, and to reduce and limit the large numbers of nuclear weapons in the former Soviet Union, 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 part 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

122 U.S.C. 2551 note.

2 Amendments to the Arms Control and Disarmament Act (Public Law 87-297) have been incorporated into that Act at the appropriate places. See beginning on page 1187.

(1) the history of OSIA, including how, when, and under what auspices it was established, including the applicable texts of the relevant executive orders;

(2) the missions and tasks assigned to OSIA to date;

(3) any additional missions and tasks likely to be assigned to OSIA during fiscal year 1993;

(4) the budgetary history of OSIA; and

(5) the extent to which OSIA plays a role in arms control policy formulation and operational implementation.

(b) REVIEW OF CERTAIN REPROGRAMMING NOTIFICATIONS.-Any notification submitted to the Congress with respect to a proposed transfer, reprogramming, or reallocation of funds from or within the budget of OSIA shall also be submitted to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, and shall be subject to review by those committees.

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(1) the term "INF Treaty" means the Treaty Between the United States and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and ShorterRange Missiles (signed at Washington, December 8, 1987); 107

(2) the term "OSIA" means the On-Site Inspection Agency established by the President, or such other agency as may be designated by the President to carry out the on-site inspection provisions of the INF Treaty; 107

(3) 107 the term "Peaceful Nuclear Explosions Treaty means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on Underground Nuclear Explosions for Peaceful Purposes (signed at Washington and Moscow, May 28, 1976); and

(4) 107 the term "Threshold Test Ban Treaty" means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Underground Nuclear Weapons Tests (signed at Moscow, July 3, 1974).

106 22 U.S.C. 2595c. This section was added as sec. 64 by sec. 201 of Public Law 101-216. It was redesignated as sec. 65 by sec. 402(b)(1) of Public Law 102-228.

107 Sec. 402(bX2) of Public Law 102-228 struck our "and" at the end of paragraph (1); struck out the period at the end of paragraph (2) and inserted in lieu thereof a semicolon; and added new paragraphs (3) and (4).

2. Arms Control and Nonproliferation Act of 1994

text of part A, title VII, of Public Law 103–236 [Foreign Relations Authorin Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382 at 491, approved 30, 1994

TITLE VII-ARMS CONTROL

T A-ARMS CONTROL AND NONPROLIFERATION ACT OF 1994

01. SHORT TITLE; REFERENCES IN PART; TABLE OF CONTENTS. SHORT TITLE.-This part may be cited as the "Arms Control onproliferation Act of 1994".

REFERENCES IN PART.-Except as specifically provided in this whenever in this part an amendment or repeal is expressed amendment to or repeal of a provision, the reference shall be d to be made to the Arms Control and Disarmament Act.2 2. CONGRESSIONAL DECLARATIONS; PURPOSE.

CONGRESSIONAL DECLARATIONS.-The Congress declares that(1) a fundamental goal of the United States, particularly in e wake of the highly turbulent and uncertain international uation fostered by the end of the Cold War, the disintegran of the Soviet Union and the resulting emergence of fifteen w independent states, and the revolutionary changes in stern Europe, is to prevent the proliferation of nuclear apons and their means of delivery and of advanced convennal armaments, to eliminate chemical and biological weap, and to reduce and limit the large numbers of nuclear apons in the former Soviet Union, as well as to prevent renal conflicts and conventional arms races; and

2) an ultimate goal of the United States continues to be a ld in which the use of force is subordinated to the rule of and international change is achieved peacefully without danger and burden of destabilizing and costly armaments. RPOSE.-The purpose of this part is—

) to strengthen the United States Arms Control and Disarnent Agency; and

) to improve congressional oversight of the arms control, proliferation, and disarmament activities of the United

. 2551 note.

nents to the Arms Control and Disarmament Act (Public Law 87-297) have been innto that Act at the appropriate places. See beginning on page 1187.

States Arms Control and Disarmament Agency, and of the
Agency's operating budget.

SEC. 711. REPORT ON MEASURES TO COORDINATE RESEARCH AND DEVELOPMENT.

Not later than December 31, 1994, 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. 713. NEGOTIATING RECORDS.

(a) IN GENERAL.-The Arms Control and Disarmament Act is amended by inserting after section 37 the following: * *

(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 38 of the Arms Control and Disarmament Act.

SEC. 714. AUTHORITIES

MATTERS.

WITH RESPECT ΤΟ

NONPROLIFERATION

(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, 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. 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) in the second sentence, 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, 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."; 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", 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(A) by striking "and the Secretary of Commerce" and inserting", the Secretary of Commerce, and the Director of the United States Arms Control and Disarmament Agency"; and

(B) by inserting "or the Director" after "relevant Secretary". (6) Section 71(c) of such Act (22 U.S.C. 2797(c)) is amended by inserting "with the Director of the United States Arms Control and Disarmament Agency," after "Director of Central Intelligence,"

(7) Section 73(d) of such Act (22 U.S.C. 2797(d)) is amended by striking "and the Secretary of Commerce," and inserting “, the Secretary of Commerce, and the Director of the United States Arms Control and Disarmament Agency,".

(b) AMENDMENT TO THE NUCLEAR NON-PROLIFERATION ACT.-Section 309(c) of the Nuclear Non-Proliferation Act of 1978 (42 U.S.C. 2139a(c)) is amended in the second sentence by striking out ", as required,”.

SEC. 717. REPORTS.

(a) IN GENERAL.-Title IV of the Arms Control and Disarmament Act is amended—*

(b) 3 REPORT ON REVITALIZATION OF ACDA.-Not later than December 31, 1995, the Director of the United States Arms Control and Disarmament Agency shall submit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a detailed report describing the actions

322 U.S.C. 2551 note.

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