[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1085 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 1085
To abolish the United States Arms Control and Disarmament Agency and to
transfer certain policy formulation functions of the Agency to the
Department of State and certain non-proliferation and other functions
of the Agency to the Department of Defense, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 9 (legislative day, June 7), 1993
Mr. Hatch introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To abolish the United States Arms Control and Disarmament Agency and to
transfer certain policy formulation functions of the Agency to the
Department of State and certain non-proliferation and other functions
of the Agency to the Department of Defense, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economy in Arms Control Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the initially created United States Arms Control and
Disarmament Agency (ACDA) in 1961 served a useful purpose that
has been eclipsed due to the end of the Cold War;
(2) numerous government agencies have acquired the
expertise, capabilities, and roles that were originally
intended for ACDA;
(3) the work that ACDA performs is duplicated in the
executive branch of Government and ACDA's role is no longer
essential for national security;
(4) with the pace of dynamic international change, all
government agencies involved in defense, intelligence, and
international broadcasting have been reduced accordingly; and
(5) the orderly retirement of ACDA is a necessary measure
to maximize savings in annual government expenditures.
SEC. 3. DEFINITIONS.
For purposes of this Act, unless otherwise provided or indicated by
the context--
(1) the term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United States
Code;
(2) the term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program;
(3) the term ``Secretary of Defense'' means the Secretary
of Defense, acting through the Assistant Secretary of Defense
for Non-Proliferation Affairs; and
(4) the term ``ACDA'' means the United States Arms Control
and Disarmament Agency.
SEC. 4. ABOLISHMENT OF THE ACDA.
(a) Abolishment.--The United States Arms Control and Disarmament
Agency is abolished on the effective date of this Act.
(b) Repeal.--The Arms Control and Disarmament Act (22 U.S.C. 2551
et seq.) is repealed on the effective date of this Act.
SEC. 5. TERMINATION OF FUNCTIONS.
(a) Termination of Functions.--All functions exercised by the
Director of the ACDA, or exercised under the authority of the Arms
Control and Disarmament Act, before the effective date of this Act
other than the functions described in section 6 shall terminate on such
effective date.
(b) Treatment of Personnel Employed in Terminated Functions.--The
following shall apply with respect to officers and employees of the
ACDA which were not transferred under section 11:
(1) Under such regulations as the Office of Personnel
Management may prescribe, the head of any agency in the
executive branch may appoint in the competitive service any
person who is certified by the Director of the ACDA as having
served satisfactorily in the ACDA and who passes such
examination as the Office of Personnel Management may
prescribe. Any person so appointed shall, upon completion of
the prescribed probationary period, acquire a competitive
status.
(2) The head of any agency in the executive branch having
an established merit system in the excepted service may appoint
in such service any person who is certified by the Director of
the ACDA as having served satisfactorily in the ACDA and who
passes such examination as such agency head may prescribe.
(3) Any appointment under this subsection shall be made
within a period of one year after completion of the appointee's
service in the ACDA.
(4) Any law, Executive order, or regulation which would
disqualify an applicant for appointment in the competitive
service or in the excepted service concerned shall also
disqualify an applicant for appointment under this subsection.
SEC. 6. TRANSFER OF FUNCTIONS.
(a) Transfer of Functions.--(1) There are transferred--
(A) to the Secretary of State, so much of the functions
which the Director of ACDA exercised before the effective date
of this Act as relate to policy formulation in connection with
arms control and disarmament matters (including all related
functions of any officer or employee of the ACDA but not
including functions related to non-proliferation affairs);
(B) to the Secretary of Defense, so much of the functions
which the Director of ACDA exercised before the effective date
of this Act as relate to non-proliferation affairs; and
(C) to the Secretary of Defense, to be exercised in
consultation with the Director of Central Intelligence, so much
of the functions which the Director of ACDA exercised before
the effective date of this Act as relate to the evaluation and
reporting of the effectiveness of arms control and disarmament
agreements with respect to the verification of compliance with
such agreements.
(2) The transferred functions shall be exercised consistent with
this section.
(b) Authority of the National Security Council.--Section 101(b) of
the National Security Act of 1947 (50 U.S.C. 402(b)) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) to serve as the principal adviser to the President
for the interagency coordination of United States arms control
and disarmament policy and for monitoring the implementation of
international arms control and disarmament agreements and to
establish procedures to carry out the duties described in this
paragraph.''.
(c) Prohibition.--No action shall be taken under this or any other
law that will obligate the United States to disarm or to reduce or to
limit the Armed Forces or armaments of the United States, except
pursuant to the treaty-making power of the President under the
Constitution or unless authorized by further affirmative legislation by
the Congress of the United States.
(d) Assistant Secretary of Defense.--(1) Section 136 of title 10,
United States Code, is amended--
(A) in subsection (a), by striking out ``eleven'' and
inserting in lieu thereof ``12''; and
(B) by adding at the end of subsection (b) the following
new paragraph:
``(5) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Non-Proliferation Affairs. It shall be the
principal duty of the Assistant Secretary to coordinate Federal
Government policy with respect to the non-proliferation of conventional
weapons and weapons of mass destruction.''.
(2) Section 5315 of title 5, United States Code, is amended by
striking out ``Assistant Secretaries of Defense (11).'' and inserting
in lieu thereof the following:
``Assistant Secretaries of Defense (12).''.
SEC. 7. DETERMINATIONS OF CERTAIN FUNCTIONS BY THE OFFICE OF MANAGEMENT
AND BUDGET.
If necessary, the Director of the Office of Management and Budget
shall make any determination of the functions that are transferred
under section 6(a).
SEC. 8. PERSONNEL PROVISIONS.
Subject to section 13, the Secretary of State and the Secretary of
Defense may appoint and fix the compensation of such officers and
employees as may be necessary to carry out the respective functions
transferred under this Act. Except as otherwise provided by law, such
officers and employees shall be appointed in accordance with the civil
service laws and their compensation fixed in accordance with title 5,
United States Code.
SEC. 9. REORGANIZATION.
The Secretary of State is authorized to allocate or reallocate any
function transferred under section 6(a) among the officers of the
Department of State and to establish, consolidate, alter, or
discontinue such organizational entities in such Department as may be
necessary or appropriate.
SEC. 10. RULES.
The Secretary of State and the Secretary of Defense are authorized
to prescribe, in accordance with the provisions of chapters 5 and 6 of
title 5, United States Code, such rules and regulations as such
Secretary determines necessary or appropriate to administer and manage
the functions of the Department of State or the Department of Defense,
as the case may be, which are transferred by this Act.
SEC. 11. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.
(a) In General.--Subject to the limitations in subsection (b), the
personnel employed in connection with, and the assets, liabilities,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds employed,
used, held, arising from, available to, or to be made available in
connection with the functions transferred by this Act, subject to
section 1531 of title 31, United States Code, shall be transferred to
the Federal agency to which such functions are transferred. Unexpended
funds transferred pursuant to this section shall be used only for the
purposes for which the funds were originally authorized and
appropriated.
(b) Limitations.--(1) In carrying out the transfer of personnel
required by subsection (a), there are authorized to be transferred--
(A) with respect to the function transferred under section
6(a)(1)(A), not to exceed 10 percent of the personnel,
(B) with respect to the function transferred under section
6(a)(1)(B), not to exceed 30 percent of the personnel, and
(C) with respect to the function transferred under section
6(a)(1)(C), not to exceed 30 percent of the personnel,
employed or used in connection with that function as of December 31,
1992.
(2) In making the transfer of personnel described in paragraph (1),
the President shall transfer such personnel employed or used in
connection with a function as the President determines, notwithstanding
any other provision of law, are necessary to carry out that function.
SEC. 12. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, at such time
or times as the Director shall provide, is authorized to make such
determinations as may be necessary with regard to the functions
transferred by this Act, and to make such additional incidental
dispositions of personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out the provisions of this Act.
The Director of the Office of Management and Budget shall provide for
the termination of the affairs of the entity terminated by this Act and
for such further measures and dispositions as may be necessary to
effectuate the purposes of this Act.
SEC. 13. EFFECT ON PERSONNEL.
(a) In General.--Except as otherwise provided by this Act, the
transfer pursuant to this Act of full-time personnel (except special
Government employees) and part-time personnel holding permanent
positions shall not cause any such employee to be separated or reduced
in grade or compensation for one year after the date of transfer of
such employee under this Act.
(b) Executive Schedule Positions.--Except as otherwise provided in
this Act, any person who, on the day preceding the effective date of
this Act, held a position compensated in accordance with the Executive
Schedule prescribed in chapter 53 of title 5, United States Code, and
who, without a break in service, is appointed in the Department of
Defense to a position having duties comparable to the duties performed
immediately preceding such appointment shall continue to be compensated
in such new position at not less than the rate provided for such
previous position, for the duration of the service of such person in
such new position.
SEC. 14. SAVINGS PROVISIONS.
(a) Continuing Effect of Legal Documents.--All orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges, and other
administrative actions--
(1) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions which are transferred under this
Act, and
(2) which are in effect at the time this Act takes effect,
or were final before the effective date of this Act and are to
become effective on or after the effective date of this Act,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Secretary of State, the Secretary of Defense, or
other authorized official, a court of competent jurisdiction, or by
operation of law.
(b) Proceedings Not Affected.--The provisions of this Act shall not
affect any proceedings, including notices of proposed rulemaking, or
any application for any license, permit, certificate, or financial
assistance pending before the ACDA at the time this Act takes effect,
with respect to functions transferred by this Act but such proceedings
and applications shall be continued. Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and payments shall be
made pursuant to such orders, as if this Act had not been enacted, and
orders issued in any such proceedings shall continue in effect until
modified, terminated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by operation of law.
Nothing in this subsection shall be deemed to prohibit the
discontinuance or modification of any such proceeding under the same
terms and conditions and to the same extent that such proceeding could
have been discontinued or modified if this Act had not been enacted.
(c) Suits Not Affected.--The provisions of this Act shall not
affect suits commenced before the effective date of this Act, and in
all such suits, proceedings shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if this Act had
not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the ACDA, or by or against any individual in
the official capacity of such individual as an officer of the ACDA,
shall abate by reason of the enactment of this Act.
(e) Administrative Actions Relating To Promulgation of
Regulations.--Any administrative action relating to the preparation or
promulgation of a regulation by the ACDA relating to a function
transferred under this Act may be continued by the Department of State
or the Department of Defense with the same effect as if this Act had
not been enacted.
SEC. 15. SEPARABILITY.
If a provision of this Act or its application to any person or
circumstance is held invalid, neither the remainder of this Act nor the
application of the provision to other persons or circumstances shall be
affected.
SEC. 16. TRANSITION.
The Secretary of State and the Secretary of Defense are authorized
to utilize--
(1) the services of such officers, employees, and other
personnel of the ACDA with respect to functions transferred to
the Department of State or the Department of Defense, as the
case may be, by this Act; and
(2) funds appropriated to such functions for such period of
time as may reasonably be needed to facilitate the orderly
implementation of this Act.
SEC. 17. REFERENCES.
(a) In General.--Reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or relating to--
(1) the Director of the ACDA, or the ACDA, with regard to
functions transferred under section 6(a)(1)(A), shall be deemed
to refer to the Secretary of State or to the Department of
State; and
(2) the Director of the ACDA, or the ACDA, with regard to
functions transferred under section 6(a)(1)(B) or section
6(a)(1)(C), shall be deemed to refer to the Secretary of
Defense or the Department of Defense.
(b) Inapplicability of Certain Provisions.--Any reference in law to
the ACDA or the Director of the ACDA, other than the references
described in subsection (a), shall have no force or effect.
SEC. 18. CONFORMING AMENDMENTS.
(a) The Arms Export Control Act is amended--
(1) in section 36(b)(1)(D) (22 U.S.C. 2776(b)(1)(D)), by
striking ``Director of the Arms Control and Disarmament Agency
in consultation with the Secretary of State and'' and inserting
``Secretary of State in consultation with'';
(2) in section 38(a)(2) (22 U.S.C. 2778(a)(2)), by striking
``Director of the Arms Control and Disarmament Agency and shall
take into account the Director's'' and inserting ``Secretary of
State and shall take into account the Secretary's''; and
(3) in section 42(a) (22 U.S.C. 2791(a)), by striking
``Director of the United States Arms Control and Disarmament
Agency, the Director's'' and inserting ``Secretary of State,
the Secretary's''.
(b) Section 1706(b) of the United States Institute of Peace Act (22
U.S.C. 4605(b)) is amended--
(1) by striking out paragraph (3);
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
(3) in paragraph (4) (as redesignated by paragraph (2)), by
striking ``Eleven'' and inserting ``Twelve''.
(c) The Atomic Energy Act of 1954 is amended--
(1) in section 57 b. (42 U.S.C. 2077(b))--
(A) in the first sentence, by striking ``the Arms
Control and Disarmament Agency,'', and
(B) in the second sentence, by striking ``the
Director of the Arms Control and Disarmament Agency,'',
and
(2) in section 123 (42 U.S.C. 2153)--
(A) in subsection a. (in the text below paragraph
(9)--
(i) by striking ``and in consultation with
the Director of the Arms Control and
Disarmament Agency (`the Director'), and
(ii) by striking ``and the Director'' and
inserting ``and the Secretary of Defense'',
(B) in subsection d., in the first proviso, by
striking ``Director of the Arms Control and Disarmament
Agency'' and inserting ``Secretary of Defense'', and
(C) in the first undesignated paragraph following
subsection d., by striking ``the Arms Control and
Disarmament Agency,''.
(d) The Nuclear Non-Proliferation Act of 1978 is amended--
(1) in section 4, by striking paragraph (2);
(2) in section 102, by striking ``the Secretary of State,
and the Director of the Arms Control and Disarmament Agency''
and inserting ``and the Secretary of State''; and
(3) in section 602(c), by striking ``the Arms Control and
Disarmament Agency,''.
(e) Title 5, United States Code, is amended--
(1) in section 5313, by striking ``Director of the United
States Arms Control and Disarmament Agency.'',
(2) in section 5314, by striking ``Deputy Director of the
United States Arms Control and Disarmament Agency.'', and
(3) in section 5315, by striking ``Assistant Directors,
United States Arms Control and Disarmament Agency (4).''.
SEC. 19. EFFECTIVE DATE.
This Act shall take effect 1 year from its date of enactment.
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