COMPREHENSIVE COMPILATION OF ARMS CONTROL AND DISARMAMENT STUDIES

SEC. 39.45 Pursuant to his responsibilities under section 31 of this Act, and in order to enhance Congressional and public understanding of arms control, nonproliferation,46 and disarmament issues, the Director shall provide to the Congress not later than June 30 of each year a report setting forth

(1) a comprehensive list of studies relating to arms control, nonproliferation,16 and disarmament issues concluded during the previous calendar year by government agencies or for government agencies by private or public institutions or persons; and

(2) a brief description of each such study.

This report shall be unclassified, with a classified addendum if nec

essary.

TITLE IV-GENERAL PROVISIONS

GENERAL AUTHORITY

SEC. 41.47 In the performance of his functions, the Director is authorized to

(a) utilize or employ the services, personnel, equipment, or facilities of any other Government agency, with the consent of the agency concerned, to perform such functions on behalf of the Agency as may appear desirable. It is the intent of this section that the Director rely upon the Department of State for general administrative services in the United States and abroad to the extent agreed upon between the Secretary of State and the Director. Any Government agency is authorized, notwithstanding any other provision of law, to transfer to or to receive from the Director, without reimbursement, supplies and equipment other than administrative supplies or equipment. Transfer or receipt of excess property shall be in accordance with the provisions of the Federal Property and Administrative Services Act of 1949, as amended; 48

(b) 49 appoint officers and employees, including attorneys, for the Agency in accordance with the provisions of title 5, United States Code, governing appointment in the competitive service, and fix their compensation in accordance with chapter 51 and with subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates,50, 51 except that the Director may, to

45 22 U.S.C. 2579. This section was added by sec. 4 of Public Law 100-213.

48 Sec. 719(f) of Public Law 103–236 (108 Štat. 502) inserted “, nonproliferation," after "arms

control".

47 22 U.S.C. 2581.

48 See e.g., 40 U.S.C. 483(a) and 484.

49 Sec. 5(a) of Public Law 95-108 amended and restated subsec. (b) which formerly read as follows: "b) appoint officers and employees, including attorneys, for the Agency in accordance with the civil service laws and fix their compensation in accordance with the Classification Act of 1949, as amended;".

50 Rates of basic pay under the General Schedule are set forth in Schedule 1 of Executive Order 12826 (December 30, 1992) (57 F.R. 62909), as adjusted pursuant to 5 U.S.C. 5304. Prior to the amendment of 5 U.S.C. 3104(a) by sec. 414(aX2X(B) of the Civil Service Reform Act of 1978 (Public Law 95-454), the Director was authorized to establish not more than 14 scientific or professional positions to carry out the research and development functions of the Agency which require the services of special qualified personnel. The authority to establish such positions is now vested in the Director of the Office of Personnel Management with rates of basic pay fixed as provided in 5 U.S.C. 5371. The rate of basic pay of the Public Affairs Adviser is

the extent the Director determines necessary to the discharge of his responsibilities, appoint and fix the compensation of employees possessing specialized technical expertise without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, if the Director ensures that

(1) any employee who is appointed under this exception is not paid at a rate—

(A) in excess of the rate payable for positions of equivalent difficulty or responsibility, or

(B) exceeding the maximum rate payable for grade 15 of the General Schedule; and

(2) the number of employees appointed under this exception shall not exceed 10 percent of the Agency's full-time-equivalent ceiling.

(c) enter into agreements with other Government agencies, including the military departments through the Secretary of Defense, under which officers or employees of such agencies may be detailed to the Agency for the performance of service pursuant to this Act without prejudice to the status or advancement of such officers or employees within their own agencies;

(d) procure services of experts and consultants or organizations thereof, including stenographic reporting services, as authorized by section 3109 of title 5 of the United States Code,52 and to pay in connection therewith travel expenses of individuals, including transportation and per diem in lieu of subsistence while away from their homes or regular places of business, as authorized by section 5703 of such title: 53 Provided, That no such individual shall be employed for more than 130 days 54 in any fiscal year unless the President certifies that employment of such individual in excess of such number of days is necessary in the national interest: 55 And provided further, That such contracts may be renewed annually;

(e) employ individuals of outstanding ability without compensation in accordance with the provisions of section 710(b) of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2160), and regulations issued thereunder;

(f) establish advisory boards to advise with and make recommendations to the Director on United States arms control and disarmament policy and activities. The members of such boards

covered by 5 U.S.C. 5374. That position has been designated as a general position in the Senior Executive Service (45 F.R. 3849). Rates of basic pay for the Senior Executive Service as set pursuant to 5 U.S.C. 5382 are set forth in Schedule 4 of Executive Order 12826 (December 30, 1992) (57 F.R. 62909), as adjusted pursuant to 5 U.S.C. 5304.

51 Sec. 715 of Public Law 103–236 (108 Stat. 498) amended and restated subsec. (b) from this point to the end of the subscc.

52 Par. (aX1) of Public Law 93-332 struck out the words "at rates not exceeding $100 per diem for individuals" previously found here and also substituted the reference to "section 3109 of title 5 of the United States Code" for an obsolete reference to "section 15 of the Act of August 2, 1946 (5 U.S.C. 55a)".

63 Par. (aX2) of Public Law 93-332 substituted the reference to "section 5703 of such title" for an obsolete reference to "section 5 of said Act, as amended (5 U.S.C. 73b-2)".

54 Par. (aX3) of Public Law 93-332 struck out “one hundred days" and substituted "130 days”. 65 In a memorandum for the Director of the United States Arms Control and Disarmament Agency, the President delegated to such Director the authority set forth in this subsection to certify that the employment of persons in excess of the number of days set forth in this subsection is necessary in the national interest (Memorandum of August 18, 1990; 55 F.R. 37693).

may receive the compensation and reimbursement for expenses specified for consultants by section 41(d) of this Act; 56

(g) 57 permit, under such terms and conditions as he may prescribe, any officer or employee of the Agency, in connection with the attendance by such officer or employee at meetings or in performing advisory services concerned with the functions or activities of the Agency, to accept payment, in cash or in kind, from any private agency or organization, or from any individual affiliated with such agency or organization, for travel and subsistence expenses, such payment to be retained by such officer or employee to cover the cost thereof or to be deposited to the credit of the appropriation from which the cost thereof is paid;

(h) 57 administer oaths and take sworn statements in the course of an investigation made pursuant to the Director's responsibilities under this Act;

(i) 57 delegate, as appropriate, to the Deputy Director or other officers of the Agency, any authority conferred upon the Director by the provisions of this Act; and

(j) 57 make, promulgate, issue, rescind, and amend such rules and regulations as may be necessary or desirable to the exercise of any authority conferred upon the Director by the provisions of this Act.

FOREIGN SERVICE PERSONNEL

SEC. 42. (a) 58 The Secretary of State may authorize the Director to exercise, with respect to members of the Foreign Service appointed or employed for the Agency

(1) the authority available to the Secretary under the Foreign Service Act of 1980, and

(2) the authority available to the Secretary under any other provisions of law pertaining specifically or applicable generally to members of the Foreign Service.

(b) Limited appointments of members of the Foreign Service for the Agency may be extended or renewed, notwithstanding section 309 of the Foreign Service Act of 1980, so long as the service of the individual under such appointment does not exceed ten consecutive years without a break in service of at least one year.

CONTRACTS OR EXPENDITURES

SEC. 43.59 The President may, in advance, exempt actions of the Director from the provisions of law relating to contracts or expendi

56 For general legislation on advisory boards, see the Federal Advisory Committee Act (5 U.S.C. app. I).

57 Sec. 5(b) of Public Law 95-108 added this new subsec. "(g)" and redesignated the previous subsecs. "(g)" and "(h)" as "(h)" and "(i)", respectively. Subsequently, sec. 401(b) of Public Law 102-228 added a new subsec. "h)" and redesignated “(h)” and “(i)” as “(i)” and “(j)", respectively. 58 22 U.S.C. 2582. Sec. 42 was amended and restated by sec. 2204(a) of Public Law 96–465. It formerly read as follows:

"FOREIGN SERVICE RESERVE AND STAFF OFFICERS

"Sec. 42. The Secretary of State may authorize the Director to exercise, with respect to Foreign Service Reserve officers and Foreign Service Staff officers and employees appointed or employed for the Agency, the following authority: (1) The authority available to the Secretary of State under the Foreign Service Act of 1946, as amended, (2) the authority available to the Secretary under any other provision of law pertaining specifically, or generally applicable, to such officers or employees, and (3) the authority of the Board of Foreign Service pursuant to the Foreign Service Act of 1946, as amended.".

60 22 U.S.C. 2583.

tures of Government funds whenever he determines that such action is essential in the interest of United States arms control and disarmament and security policy.

CONFLICT-OF-INTEREST AND DUAL COMPENSATION LAWS

SEC. 44.60 The members of the General Advisory Committee created by section 26 of this Act, and the members of the advisory boards, the consultants, and the individuals of outstanding ability employed without compensation, all of which are provided in section 41 of this Act, may serve as such without regard to the provisions of section 281, 283, 284, or 1914 of title 18 of the United States Code, or of section 190 of the Revised Statutes (5 U.S.C. 99),61 or of any other Federal law imposing restrictions, requirements, or penalties in relation to the employment of individuals, the performance of services, or the payment or receipt of compensation in connection with any claim, proceeding, or matter involving the United States Government, except insofar as such provisions of law may prohibit any such individual from receiving compensation from a source other than a nonprofit educational institution in respect of any particular matter in which the Agency is directly interested.62 Nor shall such service be considered as employment or holding of office or position bringing such individual within the provisions of section 13 of the Civil Service Retirement Act (5 U.S.C. 2263),63 or any other Federal law limiting the reemployment of retired officers or employees or governing the simultaneous receipt of compensation and retired pay or annuities, subject to section 201 of the Dual Compensation Act.64

SECURITY REQUIREMENTS

SEC. 45.65 (a) The Director shall establish such security and loyalty requirements, restrictions, and safeguards as he deems necessary in the interest of the national security and to carry out the provisions of this Act. Except as provided in subsection (d),66 the Director shall arrange with the Civil Service Commission for the conduct of full-field background security and loyalty investigations of all the Agency's officers, employees, consultants, persons detailed from other Government agencies, members of its General Advisory Committee, advisory boards, contractors and subcontractors, and their officers and employees, actual or prospective. In the case of

80 22 U.S.C. 2584.

61 Sec. 2 of Public Law 87-849 repealed secs. 281 and 283 of title 18 of the United States Code, except as they apply to retired officers of the armed forces of the United States, and also repealed secs. 284 and 1914 of that title. It also provided that these repealed sections were respectively supplanted by secs. 203, 205, 207, and 209 of that title set forth in sec. 1 of Public Law 87-849. Sec. 3 of Public Law 87-849 repealed sec. 190 of the Revised Statutes (5 U.S.C. 99).

See sec. 2 of Public Law 87-849 which provided that all statutory exemptions from the provisions of secs. 281, 282, 283, 284, 434, or 1941 (now secs. 203, 204, 205, 207, 208, and 209, respectively) of title 18 of the United States Code which were in force on Jan. 21, 1963, are no longer applicable to officers or employees of the executive branch of the United States Gov

ernment.

3 Now 5 U.S.C. 3323(b) and 8344. Sec. 401(dX1) of Public Law 88-448, the Dual Compensation Act, deleted a reference previously found here to "section 212 of the Act of June 30, 1932, as amended (5 U.S.C. 59a)”.

Now codified as 5 U.S.C. 5532. Sec. 401(d)2) of Public Law 88-448, the Dual Compensation Act, added the last nine words to this section.

85 22 U.S.C. 2585.

66 Sec. 147(aX1) of Public Law 94-141 added the first six words to this sentence.

persons detailed from other Government agencies or employed directly from other Government agencies,67 the Director may accept the results of full-field background security and loyalty investigations conducted by such agencies 68 as the basis for the determination required by this subsection that the person is not a security risk or of doubtful loyalty.69 In the event the investigation discloses information indicating that the person investigated may be or may become a security risk, or may be of doubtful loyalty, the report of the investigation shall be turned over to the Federal Bureau of Investigation for a full-field investigation. The final results of all such investigations shall be turned over to the Director for final determination. Except as provided in subsection (d),70 no person shall be permitted to enter on duty as such an officer, employee, consultant, or member of advisory committee or board, or pursuant to any such detail, and no contractor or subcontractor, or officer or employee thereof shall be permitted to have access to any classified information, until he shall have been investigated in accordance with this subsection and the report of such investigations made to the Director, and the Director shall have determined that such person is not a security risk or of doubtful loyalty. Standards applicable with respect to the security clearance of persons within any category referred to in this subsection shall not be less stringent, and the investigation of such persons for such purposes shall not be less intensive or complete, than in the case of such clearance of persons in a corresponding category under the security procedures of the Government agency or agencies having the highest security restrictions with respect to persons in such category.

(b) 71 In the case of contractors or subcontractors and their officers or employees, actual or prospective, the Director may accept, in lieu of the investigation prescribed in subsection (a) hereof, a report of investigation conducted by a Government agency, other than the Civil Service Commission or the Federal Bureau of Investigation, when it is determined by the Director that the completed investigation meets the standards established in subsection (a) hereof: Provided, That security clearance had been granted to the individual concerned by another Government agency based upon such investigation and report. The Director may also grant access for information classified no higher than "confidential" to contractors or subcontractors and their officers and employees, actual or prospective, on the basis of reports on less than full-field investigations: Provided, That such investigations shall each include a current national agency check. Notwithstanding the foregoing and the provisions of subsection (a), the Director may also grant access to classified information to contractors or subcontractors and their officers and employees, actual or prospective, on the basis of a security clearance granted by the Department of Defense, or any agen

67 Sec. 716(1) of Public Law 103-236 (108 Stat. 498) inserted "or employed directly from other Government agencies" after "persons detailed from other Government agencies".

68 Sec. 716(2) of Public Law 103-236 (108 Stat. 498) struck out "by the Department of Defense or the Department of State" and inserted in lieu thereof "by such agencies".

Sec. 3 of Public Law 97-339 added this sentence, which subsequently was amended in the manner stated in footnotes 67 and 68 by sec. 716 of Public Law 103-236 (108 Stat. 498). 70 Sec. 147(aX2) of Public Law 94-141 added the first six words to this sentence.

71 Sec. 2 of Public Law 88-186 added this subsec. “(b)" except for the last sentence, and redesignated the previous subsec. "(b)" as subsec. “(c)”.