AMENDING THE ARMS CONTROL AND DISARMAMENT ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP65B00383R000400240015-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 13
• Document Creation Date: December 15, 2016
• Document Release Date: March 10, 2004
• Sequence Number: 15
• Publication Date: June 6, 1963
• Content Type: OPEN

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Calendar No. 189
88TIi CONGRESS SENATE REPORT
1st Session No. 215
AMENDING THE ARMS CONTROL AND DISARMAMENT
ACT
JUNP 6, 1963.-Ordered to be printed
MIr. FULBRIGIIT, from the Committee on Foreign Relations, submitted
the following
REPORT
[To accompany S. 7771
The Committee on Foreign Relations, having had under consider-
ation the bill (S. 777) to amend the Arms Control and Disarmament
Act, report the same favorably to the Senate with amendments and
recommend that as amended the bill do pass.
MAIN PURPOSE
As reported, S. 777 authorizes the appropriation of $20 million for
fiscal years 1964 and 1965, to remain available until expended. In
addition it permits the Arms Control and Disarmament Agency
(ACDA) to grant a security clearance to contractors, subcontractors,
and their employees on the basis of an investigation made by a
Government agency other than the Civil Service Commission and the
Federal Bureau of Investigation. Several other changes in existing
law are also made by S. 777. All of these are discussed in detail in
other sections of this report.
BACKGROUND
The Arms Control and Disarmament Act became law on September
26, 1961. As recommended by the President, it established the Arms
Control and Disarmament Agency to deal broadly with the whole
range of disarmament matters, including research, policies, and
pro rams.
The act charges the Agency with these primary functions:
(a) The conduct, support, and coordination of re-
search for arms control and disarmament policy formu-
lation ;
85000
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AMENDING THE ARMS CONTROL AND DISARMAMENT ACT
(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 appro-
priate, the direction of United States participation in
such control systems as may become part of United
States arms control and disarmament activities.
The first research contract was awarded by the Agency on Feb-
ruary 26, 1962. A full list of contracts let to date, together with
those contemplated in fiscal year 1964, follows:
U.S. ARMS CONTROL AND DISARMAMENT AGENCY
Status of research contracts and grants, fiscal year 1963
A. Contracts, amendments, and grants signed:
1. Techniques for monitoring production of strategic de-
livery vehicles, contract ACDA-1 (Bendix) (fiscal
year 1962) --------------------------------------
Same. Amendment No. 3 to describe U.S. strategic
missile technology -. _ _ _ _ _ _ _ _ _ _ _ _ _ _ $19, 000
2. Design and evaluation of inspection systems for a ban
on weapons of mass destruction in space and for
restrictions on missile flight tests, contract ACDA/ST-
12 (Sylvania)------------------------------------- 354,000
Same. Amendment No. 1 provided for special report
on techniques of verification for a Latin-American
nuclear-free zone--------------- 5,726
Amendment No. 2 to provide for special report on arms
reduction and the use of potsdam-type military liaison
missions----------------------------------------- 2,632
3. Implications and inspection of restrictions on missile
and military space system research, development,
test, and evaluation (R.D.T. & E.) activity, contract
ACDA/ST-13 (Aerospace)------------------------ 217 700
Amendment No. 1 to analyze the technical problem i '
involved in converting sounding rockets to surface-to-
surface missiles______________________ 4,418
4. Progressive zonal disarmament, contract ACDA/WEC-2
(Raytheon) (fiscal year 1962)_________________
Same. Amendment No. 1 provided for extension of work
to "develop planning principles for field tests of
inspection techniques"_- 78, 120
5. Evaluation of combined techniques for monitoring levels
and production of strategic vehicles, contract ACDA/
ST-16 (Bendix)---------------------------------- 218, 500
6. Problems of subversion and peaceful change, ACDA/
GC-11 (Richard A. Falk) (fiscal year 1962) -------- and
Same. Amendment No. 1 to provide for historical and
----------
documentary appendixes-------------
1
000
7. European view of European security and the present
general and complete disarmament proposals, grant
ACDA/WEC--14 (Institute for Strategic Studies) _ _ _ _
,
21
064
8. Responses to violations of arms control and disarmament
agreements, contract ACDA/GC-17 (Historical Evalu-
tion and Research Organization)-------------------
9
,
162
000
. Peacekeeping Panel study, contract ACDA/GC-19
(Johns Hopkins University; Washington Center of
Foreign Policy Research) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
,
87
308
10. Development of a field test plan regarding production of
strategic delivery vehicles, ACDA/WEC-18 (Bendix
Corp.) ------------------------------------------- .
,
158,
500
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AMENDING THE ARMS CONTROL AND DISARMAMENT ACT
Status of research contracts and grants, fiscal year 1963-Continued
A. Contracts, amendments, and grants signed-Continued
11. Verification for retained levels of ground forces, arma-
ments and tactical nuclear delivery vehicles, ACDA/
WEC-22 (Sylvania)__.--------------------------- $202, 000
12. Studies on arms control and international communism,
ACDA/IR-15 (MIT) ----------------------------- 65, 000
13. Regional arms control arrangements for developing
areas, ACDA/IR-24 (MIT)_______________________ 145, 000
14. Arms control and disarmament concepts and the military
environment in the European area, ACDA/WEC-23
(Stanford Research Institute) --------------------- 267.688
15. Interaction of arms control and disarmament measures
with capabilities of ground forces, ACDA/WEC-21
(Research Analysis Corp.)------------------------ 177, 300
16. Reciprocal influences of weapons and political systems,
grant ACDA/IR-20 (Eagleton Institute-Rutgers
University) ------------------------------------- 40,000
17. The nonmilitary aspects of CENTO, grant ACDA/IR-26
(Dr. Richard H. Pfaff)___________________________ 1,500
18. Psychological factors in Soviet disarmament positions
(Institute for the Study of National Behavior, Inc.,
Princeton, N.J.)---------------------------------- 10,704
Subtotal-------------------------------------- 2,239,160
B. Contracts, amendments, and grants under negotiation--------- 740, 300
1. Interaction of arms control and disarmament measures
with capabilities of strategic nuclear forces (RAND).
2. Summer study on Soviet attitudes (Columbia Univer-
sity).
3. Ground inspectable features of Soviet armament pro-
duction technology (Arthur D. Little).
4. Analysis of requirements for automation of data proc-
essing for inspection field tests (RFP No. 16).
5. Survey of sensors and techniques applicable to arms
control inspection and verification (RFP No. 17).
C. Requests for proposals_____________________________________ 295,000
In selection board process:
(a) Computation laboratory (RFP No. 18).
(b) Arms control concepts and the European political en-
vironment (RFP No. 19).
(c) Future character and role of Peace. Observation
arrangements under the United Nations (RFP
No. 20).
D. Reimbursement agreements with other agencies:
1. Soviet fiscal system-allocated to Department of Com-
merce------------------------------------------ 10,000
2. CW-BW study (DOD)----------------------------- 75,000
3. Technical analysis and planning for field tests (DOD) - _ 425, 000
4. Preparation of new digest of international law (Depart-
ment of State) (contribution for arms control and dis-
armament section) ------------------------------- 14, 500
Subtotal-------------------------------------- 524,500
E. Action documents in process (approved by Research Council) --- 16, 000
1. Soviet military expenditures.
2. Responding to apparent disarmament violations.
Total committed to contracts, grants, and agreements- 3, 814, 960
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4 AMENDING THE ARMS CONTROL AND DISARMAMENT ACT
A. Regional security and arms control and disarmament- - - - - - - _ - - $480, 000
1. Analysis of specified A.C. & J). proposals for the European
area.
2. Political aspects and impact of arms control in developing
areas.
B. Preliminary measures for general arms control and disarmament_ 010, 000
1. Technical aspects of command and control as arms con-
trol measures.
2. Studies of steps to improve the international environment
for A.C. & D. (grants).
3. Economic impact of specific arms control and disarmament
measures in the U.S.S.R.
4. Political potentialities and barriers to limited arms con-
trol arrangements.
C. Substantial measures for general arms control and disarmament- 800, 000
1. Interaction of specified A.C. & D. measures with strategic
military capabilities, including analysis of verification
requirements.
2. Interaction of specified A.C. & 1). measures with capa-
bilities of naval forces.
3. Interaction of specified A.C. & D. measures with capa-
bilities of ground forces.
4. Exploratory studies of new A.C. & D. concepts (grants).
1). International security arrangements for disarmament and the
preconditions for disarmament ----------------------------- 350,000
1. Role of alliance systems in a disarming and disarmed
world.
2. The legal structure and financial support of an interna-
tional disarmament organization and its relationships
to the United Nations.
Subtotal--------------------------------------- 2,240,000
1. Inspection system studies ----------------------------------- 750,000
(a) Development and evaluation of alternative graduated
access inspection concepts.
(b) Inspection theory and concept studies (grants).
(c) Operational organization of an international inspection
organization and the role of intelligence.
2. Studies of elements in an inspection system - - - - - - - - - - - - - - - - - - 1,000,000
(a) The role of electromagnetic and mechanical sensors in
inspection.
(b) The use of economic data a a part of the verification
process.
(c) Analysis of nonphysical inspection techniques (grants).
(d) Preliminary design and feasibility studies for special-
purpose inspection equipment.
3. Verification of specific armaments and activities- - - - - - - - - - - - -- 1,300,000
(a) Inspection for clandestine military activities.
(b) CW/BW verification and control problems.
(c) Study of methods of limiting military manpower com-
patible with inspection.
(d) Verification and control of nuclear weapons production
and stockpile.
(e) The structure of Soviet industry with reference to the
production of specified weapons,
(~') Feasibility of control of R.1).T. & D.
(g) Fiscal systems of the Soviet bloc with reference to mili-
tary expenditures.
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AMENDING THE ARMS CONTROL AND DISARMAMENT ACT 5
Fiscal year 1964 contract and grant research program-Continued
IT. SUPPORTING STUDIES-continued
4. Legal and political aspects of inspection, violations, and response-
$450, 000
(a) Studies of the legal and political implications of the
inspection of industry.
(b) Response to indirect aggression and subversion.
(c) Gaming of violations and responses.
(d) The development of rules of international law.
5. Research for inspection field test program-------------------- 2,400,000
(a) Field test design study.
(b) Field test data processing.
(c) Field test research.
6. Strategy of negotiations------------------------------------ 200,000
(a) Political factors bearing on abrogating, renegotiating, or
arms control agreements.
(b) Tactics and techniques of negotiating arms control and
disarmament agreements.
7. The relationship between national political environments and arms
control ---------------------------------------250,000
(a) Soviet political environment in relation to arms control
and disarmament.
(b) Arms control and disarmament arrangements and
national expectations.
(c) Soviet attitudes toward A.C. & D.
8. Historical studies of arms control and disarmament experiences-
(a) Analyses of international disputes .
(b) Interaction of the post-World War II arms race with
political tensions.
(c) Historical analysis of issues in disarmament negotiations
under the League of Nations.
(d) Analysis of past A.C. & D. agreements (organizations,
control, compliance, violations, and response).
(e) Origin and operations of the armistice organization in
Korea.
410, 000
9. Technical and economic dislocations resulting from arms control
and disarmament-------------- ---------------------
(a) Effect of arms control and disarmament in the electronics
industry (United States).
(b) Methods for analyzing defense employment (a feasibility
study).
(c) Regional case study (economic impact).
10. Analyses of nongovernmental arms control and disarmament
350,000
efforts ------------------------------------100,000
(a) Study and full description of nongovernmental organi-
zations in the United States concerned with problems
of arms control and disarmament.
11. Arms control implication of technical development -----------
400,000
(a) Arms control implications of technical developments in
the U.S.S.R.
(b) Arms control implications of AICBM and other tech-
nical developments in the United States.
12. Computer services and methodological studies- - - - - - - - - - - -- - -
1,000,000
(a) Computation laboratory.
(b) Development of a general purpose military-political
arms control and disarmament game to test arms
control concepts.
(c) Basic research on methodology for analysis of arms
control problems (grants).
13. Bibliographic studies-------------------------------------
150,000
(a) Maintenance of bibliographic and abstracting services
on unclassified literature and research relating to
arms control and disarmament.
Subtotal-------------------------------------
8,760,000
Grand total, contract research program _ - - --- - - - 11, 000, 000
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6 AMENDING THE ARMS CONTROL AND DISARMAMENT ACT
As this table shows the Agency planned an expanded research program
in fiscal year 1964 and contemplated requesting an appropriation of
$15 million of which $11 million was to be spent for research and $4
million for Agency operations.
The Agency has also had the responsibility for U.S. representation
at lengthy disarmament and test ban negotiations at Geneva. The
Agency estimates that since its establishment American negotiators
have participated in formal meetings on arms control and disarma-
ment matters in Geneva on more than 205 days. These included
meetings of the Conference on the Discontinuance of Nuclear Weapons
Tests, the Eighteen Nation Disarmament Conference (ENDC)
plenary sessions, meetings of ENDC Test Ban Subcommittee and
meetings of the ENDC Committee of the Whole.
Although no substantial progress has been made at either con-
ference, preparation for them and participating in them has consumed
a great deal of the Agency's energies. Reviewing these negotiations is
outside the scope of this report. They have been subject of separate
hearings by this committee from time to time and the Committee on
Foreign Relations will continue to follow the development in this
area closely.
To carry out its function of disseminating and coordinating public
information concerning arms control and disarmament, the Agency
reported that--
* * * Agency officials did participate in over 100 meet-
ings, panel discussions, and study groups in 1962. In addi-
tion, such informational materials as articles for commercial
journals, scripts for educational television programs, network
and local TV and radio programs were prepared, and briefings
and interviews were arranged with Agency officials for cor-
respondents of public information media.
This and related activities are further discussed in another portion
of this report.
The legislation contained in S. 777 was requested by the Arms
Control and Disarmament Agency on January 31 and introduced by
Senator Humphrey (for himself and Senators Clark, Randolph, and
Javits) on February 11, 1963. Two months later, on April 10, 1963,
the committee held a public hearing at which all persons who asked
to testify up to that time were heard. The record was held open for
over another month for such additional statements as individuals and
organizations wished to submit.
On May 28, after some further testimony in executive session, the
committee voted to report S. 777 favorably to the Senate with amend-
ments. Inasmuch as some question arose as to the committee's intent
regarding one of the amendments, the committee met on June 4 to
modify this amendment and voted without objection to report the
bill, as amended, to the Senate.
FINANCIAL PROVISIONS (SECS. 1 AND 4)
Authorization of appropriations.-Public Law 87-297 authorized the
appropriation of not to exceed $10 million to remain available until
expended for the work of the Agency. Having virtually exhausted
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AMENDING THE ARMS CONTROL AND DISARMAMENT ACT 7
this authorization over the period of 2 years, the ACDA requested
the authorization of "such sums as may be necessary and appropriate."
The committee carefully considered this request and agreed to recom-
mend to the Senate that there be authorized to be appropriated for
the fiscal years 1964 and 1965 the sum of $20 million, to remain avail-
able until expended, to carry out the purposes of this act. It should
be clear that this sum is to be available for appropriations over a
2-year span. The language of the bill is not to be construed as mean-
ing. $20 million is to be available each year. The following table shows
past and recommended authorizations and appropriations.
Authorization, executive branch request, and appropriations
Authori-
zation
Executive
branch ap-
propriation
request
Appropria-
ation
1.962------------------?
1$10,000,000
$2
000
900
J 2 $831,000
1.963--------------------------
(3)
,
,
6,500,000
l 1,000,000
46,500,000
Total
8,331,000
Authorized and not appropriated-----------------------------
1
669
000
1964
} 20
000
000
15,000,000
,
,
--------------
1965----------------------------------------- --
,
,
--------------
1 No year specified.
2 Pursuant to sec. 47(a) of the Arms Control and Disarmament Act the State Department, on Oct. 30,
1961, authorized this transfer of funds. The actual amount indlcate'd on the transfer authorization was
$840,500, but the figure was rounded out to $940, 000 for budget purposes. As a result of later adjustments
by the State Department in funds it had obligated but not deducted for disarmament administration
activities, the Department, on Apr. 20,1962, authorized $9,400 of the above amount to be transferred back,
leaving a net transfer balance of $831 100, which was rounded out to $831,000 for budget purposes. This
is the figure, that the Bureau of the 1 udget directed be shown in the 1962 column of the Agency's budget
for fiscal year 1964 instead of the $840,000 figure shown last year before the adjustment was made.
3 No change.
4 As of May 28, 1963, the Agency had obligated $4,962,340.90 of this amount.
In deciding on the amount, the committee weighed these facts:
(1) The Agency received in appropriations $1,831,000 in fiscal year
1962, $6,500,000 in fiscal year 1963, and proposed to request $15
million for fiscal year 1964; (2) during the first 9 months of fiscal year
1963, the ACDA had obligated less than half of the funds available
to it; and (3) the ACDA is still very new, as Government agencies go.
The committee believes the amount proposed in S. 777 is reasonable
and sufficient to finance the Agency's program for the next 2 years.
The committee proposed this authorization of appropriations as a
means of assuring a continued review by the Congress over the growth
and direction of the ACDA-a review which it believes the Agency
should welcome.
In connection with the authorization the question of permanency
of the Agency was raised in the committee. The committee points
out that the enabling legislation does not anywhere provide that the
Agency should cease to exist on any certain date. It is the view of
the committee that the ACDA is as permanent as such statutory
agencies as the Peace Corps and the Agency for International Develop-
ment (AID) which have thus far been required to seek annual au-
thorizations for appropriations. In fact, in arriving at the formula
proposed in S. 777, the committee was influenced by the fact that in
the case of the Peace Corps and the AID annual authorizations are
required. In any event, the method selected by Congress for provid-
ing funds for the operations of an agency is totally unrelated to its
permanency.
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8 AMENDING THE ARMS CONTROL AND DISARMAMENT ACT
Before leaving the question of the authorization of appropriations,
the committee notes that there remains an authorized but unap-
propriated balance of $1,669,000. (See table above.) Under the
language approved by the committee, this authorization remains
available for use without fiscal year limitation.
Rate of obligation.-A second committee amendment concerns the
rate of the obligation of funds. The ACDA furnished the committee
a table showing the monthly obligation of funds for fiscal years 1962
and 1963, which is printed on pages 80 and 81 of the hearings. To
the end of March 1963, out of the $6.5 million appropriated, the
ACDA had obligated $2,964,862.79-less than one-half of the amount
available. A little less than one-third of this amount alone was
obligated in March 1963. According to the ACDA figures, as of
May 28, $4,962,340.90 has been obligated in fiscal year 1963, indi-
cating that during April and May the rate of obligations has been
in the neighborhood of $1 million it month. In contrast, during the
first 3 months of this fiscal year, the average rate of obligations was
less than. $80,000.
The committee is fully aware that this change in the monthly rate
of obligations during fiscal year 1963 reflects the fact that the begin-
ning phase of the organization of the ACDA is over and that the
Agency is now launching its research program in earnest. Before
this curve in the monthly rate of obligations becomes an established
pattern in ACDA operations, the committee decided to recommend
to the Senate this amendment as guidance to the ACDA:
Not more than 20 per centum of any appropriation. made
pursuant to the Act shall be obligated and/or reserved during
the last month of a fiscal year.
This language is adapted almost verbatim from that contained in the
Foreign Aid and Related Agencies Appropriations Act, 1963, applying
to foreign aid funds, except the contingency and development loan
funds. The committee was so concerned lest the fiscal year-end rush
to obligate funds might become a regular procedure of the ACDA that
it considered language prohibiting the Agency from obligating more
than 20 percent of its available; funds during the last 2 months of their
availability. Even though the committee agreed to the less restrictive
language, it hopes that the Agency's rate of obligations during the
next 2 years will show that far less than 20 percent of its funds were
obligated in the last month of the fiscal year.
One of the two. amendments relating to the security provisions, set
forth in S. 777, would change the requirements for security investiga-
tions for actual or prospective contractors and subcontractors and
their personnel. Such persons may not now have access to any
classified information until they have received full-field background
loyalty and security investigations by the Civil Service Commission
or the Federal Bureau of Investigation. The proposed amendment
would authorize the Director to accept, in lieu of such an investiga-
tion, a report of an investigation conducted by another Government
agency, such as the Defense Department, the Central Intelligence
Agency, the Atomic Energy Commission, etc. In fact, the latter two
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AMENDING THE ARMS CONTROL AND DISARMAMENT ACT 9
agencies were consulted in the drafting of this amendment. In dis-
cussing the proposed amendment, Mr. Foster testified:
The proposed procedure would be on a parity with prac-
tices followed by our most highly sensitive agencies. Indeed,
the language of our amendment is based largely upon a similar
amendment to the Atomic Energy Act which Congress passed
in 1961.
Mr. Foster further assured the committee that-
if the investigative report of the other agency did not, in our
opinion, fulfill our normal requirement with respect to
thoroughness and completeness, we would obtain additional
information as required on matters not adequately covered.
Under the proposed change an investigation of it contractor made
within the preceding 5 years would be accepted and brought up to
date by the ACDA, the FBI, or the Civil Service Commission through
a name check rather than it full-field examination, unless something
derogatory were disclosed, in which case a full-field investigation would
be conducted. If the previous clearance is older than 5 years, a new
full-field examination would be carried out as if the previous clearance
did not exist.
The Agency cited two persuasive reasons for requesting this change
in the act: (1) The delay occasioned by having to conduct new full-
field examinations of each contractor, which normally takes 60 days
but can take as much as twice as long when the load is heavy; and
(2) the cost involved in these examinations, which is estimated to
run between $350 and $400 per person.
The other change of a minor nature provides that the Director
may grant access for information classified no higher than "con-
fidential" to contractors, subcontractors, their officers and employees,
on the basis of a name check only, rather than a full-field investigation.
The intent is to use this procedure mainly for persons invited by the
Agency to bidders' conferences. According to the ACDA, this prac-
tice is commonly utilized by the Department of Defense, the Atomic
Energy Commission, and other agencies.
Two years ago, when. the Arms Control and Disarmament Act was
considered by the committee, it devoted particular attention to the
security requirements. In fact, the committee redrafted this pro-
vision so as to satisfy itself that "the standards and procedures * * *
are among the most thorough that appear in any Federal legislation."
The committee believes that the changes recommended in S. 777
will not result in any dilution of the standards established in 1961.
AMENDMENTS TO THE POLICY FORMULATION PROVISION (SEC. 3 (a)
AND (b) )
The committee recommends two amendments to section 33, which
pertains to policy formulation. The first relates to the proviso which
states-
that 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
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10 AMENDING THE ARMS CONTROL AND DISARMAMENT ACT
under the Constitution or unless authorized by further affirm-
ative legislation by the Congress of the United States.
[Italic provided.]
The committee voted to recommend deletion of the italicized words
and the insertion in lieu thereof "this Act". The committee believes
that limitations contained in the Arms Control and Disarmament Act
should apply only to actions taken pursuant to that act and should
not by inadvertence venture into constitutional questions beyond the
subject matter scope of this act. It should be stressed that the
substance of the proviso, which the committee regards as an essential
safeguard, remains completely unchanged. Its applicability, how-
ever, is now being solely limited to actions taken pursuant to the
Arms Control and Disarmament Act.
The second amendment to section 33 consists of the addition of a
new sentence reading as follows:
Nothing contained in this Act shall be construed to author-
ize any policy or action by any Government agency which
would interfere with, restrict, or prohibit the acquisition,
possession, or use of firearms by an individual for the lawful
purpose of personal defense, sport, recreation, education, or
training.
The amendment is self-explanatory. It is the committee's view
that nothing in the original act would have authorized the Agency to
deal with the question of individual ownership and possession of fire-
arms. Since some concern seems to exist, nevertheless, in the minds
of sportsmen and others, the committee recommends this amendment
to the Senate to make the congressional intent entirely clear.
LIMITATION ON THE USE OF FUNDS FOR DISSEMINATION OF PROPAGANDA
The last amendment recommended by the committee is the following
limitation on the use of funds:
None of the funds herein authorized to be appropriated
shall be used to pay for the dissemination within the United
States of general propaganda in support of any pending
legislation concerning the work of the United States Arms
Control and Disarmament Agency.
This language reflects the committee's concern over the organized
pressures brought to bear during consideration of S. 777. The com-
mittee is fully aware of the constitutional rights of citizens to petition
their Government. It is concerned, however, that tax funds gathered
from all the citizens not be used, directly or indirectly, to encourage
expressions of particular groups of citizens simply because those groups
support positions taken by the Government agency. Mr. Foster
testified that he personally did not promote these exertions on behalf
of the bill and that he did not know who did. The provision recom-
mended by the committee would therefore merely insure that the
Agency will not participate in a public campaign on behalf of its own
legislation. The committee does not intend by this language to
restrict Agency officials from addressing public affairs groups and
others on the general subject of arms control and disarmament or to
undertake similar activities.
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AMENDING THE ARMS CONTROL AND DISARMAMENT ACT 11
The committee believes that S. 777 with the committee amendments
deserves the approval of the Senate. The amendments are designed
to assure that the ACDA's growth proceeds cautiously and under
necessary safeguards. The authorization insures another thorough
review by the Foreign Relations Committee of Agency operations in
2 years. In this connection, the committee bore in mind that the
annual appropriation process also serves as a review. In fact, the
committee did not request a detailed justification. of the proposed
fiscal year 1964 contracts, believing this to be a matter for thorough
examination by the Appropriations Committees.
The committee hopes that the Senate will give its prompt endorse-
ment to S. 777 together with the committee amendments.
In compliance with subsection 4 of rule XXIX of the Standing
Rules of the Senate, changes in existing law made by the bill, as
reported, are shown as follows (existing law proposed to be omitted
is enclosed in black brackets, new matter is printed in italic, existing
law in which no change is proposed is shown in roman) :
SECTION 33 OF ARMS CONTROL AND DISARMAMENT ACT
SEC. 33. The Director is authorized and directed to prepare for the
President, the Secretary of State, and the heads of such other Govern-
ment agencies, as the President may determine, recommendations con-
cerning United States arms control and disarmament policy: Provided,
however, That no action shall be taken under this [or any other law]
Act 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 Con-
stitution or unless authorized by further affirmative legislation by the
Congress of the United States. Nothing contained in this Act shall be
construed to authorize any policy or action by any Government agency
which would interfere with, restrict, or prohibit the acquisition, possession,
or use of firearms by an individual for the lawful purpose of personal
defense, sport, recreation, education, or training..
SECTION 45 OF ARMS CONTROL AND DISARMAMENT ACT
SE c. 45. (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. The Director shall arrange with the Civil Service Commission
for the conduct of full-field background security and loyalty investiga-
tions 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,
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12 AMENDING THE ARMS CONTROL AND DISARMAMENT ACT
and their officers and employees, actual or prospective. In the event
the investigation discloses information indicating that the person in-
vestigated 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. 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) 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 Commis-
sion 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.
[.(b)] (c) The Atomic Energy Commission may authorize any of
its employees, or employees of any contractor, prospective contractor,
licensee, or prospective licensee of the Atomic Energy Commission or
any other person authorized to have access to Restricted Data by the
Atomic Energy Commission under section 21.65 of title 42, to permit
the Director or any officer, employee, consultant, person detailed from
other Government agencies, member of the General Advisory Com-
mittee or of an advisory board established pursuant to section 41(f),
contractor, subcontractor, prospective contractor, or prospective sub-
contractor, or officer or employee of such contractor, subcontractor,
prospective contractor, or prospective subcontractor, to have access to
Restricted Data which is required in the performance of his duties and
so certified by the Director, but only if (1) the Atomic Energy Com-
mission has determined, in accordance with the established personnel
security procedures and standards of the Commission, that permitting
such individual to have access to such Restricted Data will not endan-
ger the common defense and security, and (2) the Atomic Energy
Commission finds that the established personnel and other security
procedures and standards of the Agency are adequate and in reasonable
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AMENDING TIIE ARMS CONTROL AND DISARMAMENT ACT 13
conformity to the standards established by the Atomic Energy Coin-
mission under section 2165 of title 42, including those for interim.
clearance in subsection (b) thereof. Any individual granted access
to such Restricted Data pursuant to this subsection may exchange
such data with any individual who (A) is an officer or employee of
the Department of Defense, or any department or agency thereof, or a
member of the Armed Forces, or an officer or employee of the National
Aeronautics and Space Administration, or a contractor or subcontrac-
tor of any such department, agency, or armed force, or an officer or
employee of any such contractor or subcontractor, and (B) has been
authorized to have access to Restricted Data under the provisions of
sections 2163 or 2455 of title 42.
SEc. 49. (a) There are hereby authorized to be appropriated not to
exceed $10,000,000 to remain available until expended, to carry out
the purposes of this Act. In addition, there is hereby authorized to be
appropriated for the fiscal years 1964 and 1965, the sum of $20,000,000,
to remain available until expended, to carry out the purposes of this Act.
(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 allo-
cated 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) None of the funds herein authorized to be appropriated shall be
used to pay for the dissemination within the United States of general
propaganda in support of any pending legislation concerning the work
of the United States Arms Control and Disarmament Agency.
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