PUBLIC LAW 87-297 87TH CONGRESS, H.R. 9118 SEPTEMBER 26, 1961

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP64B00346R000300140002-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 15, 2016
• Document Release Date: January 9, 2004
• Sequence Number: 2
• Publication Date: September 26, 1961
• Content Type: OPEN

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87th Congress, H. R. 9118
September 26, 1961
210 art
75 STAT. 631.
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 Dis-
armament Act".
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 of force has been subordinated to the rule of law i 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 securit policy as
a whole. The formulation and implementation of United Mates 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 organiza-
tion 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 technologi
cal information upon which realistic arms control and disarmament
policy must be based. It must be able to carry out the following pri-
mary 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 disarma-
ment activities.
Arms Control
and Disarma-
ment Act.
DEFINITIONS
SEC. 3. As used in this Act-
(a) The terms "arms control" and "disarmament" mean the
identification, verification, inspection, limitation, control, reduc-
tion, 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 sytem of inter-
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75 STAT. 632.
national control, or to create and strengthen international organi-
zations for the maintenance of peace.
(b) The term "Government agency" means any executive depart-
ment, commission, agency, independent establishment, corporation
wholly or partly owned by the United States which is an instru-
mentality of the United States, or any board, bureau, division,
service, office, officer, authority, administration, or other establish-
ment 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
Establishment of SEC. 21. There is hereby established an agent to be known as the
agency. "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. He shall receive compensation. at the rate of $22,500 per
annum.
SEC. 23. A. Deputy Director of the Agency shall be appointed by
the President, by and with the advice and consent of the Senate. He
shall receive compensation at the rate of $21,500 per annum. 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.
SEC. 24. Not to exceed four Assistant Directors may be appointed by
the President, by and with the advice and consent of the Senate. They
shall receive compensation at the rate of $20,000 per annum. They
shall perform such duties and exercise such powers as the Director
may prescribe.
BUREAUS, OFFICES, AND DIVISIONS
SEC. 25. The Director, under the direction of the Secretary of State,
may establish within the Agency such bureaus, offices, and divisions as
lie may determine to be necessary to discharge his responsibilities under
this Act, including, but not limited to, an Office of the General Counsel.
SEC. 26. 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 disar-
mament 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
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75 STAT. 633.
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 Secretary of State, and the Disarmament Director
respecting matters affecting arms control, disarmament, and world
TITLE III-FUNCTIONS
SEC. 31. The Director is authorized and directed to exercise his
powers in such manner as to insure the acquisition of a fund of
theoretical and practical knowledge concerning disarmament. To
this end, the Director is authorized and directed, under the direction
of the President, (1) to insure the conduct of research, development,
and other studies in the field of arms control and disarmament; (2)
to make arrangements (including contracts, agreements, and grants))
for the conduct of research, development, and other studies in the
field of arms control and disarmament by private or public institu-
tions or persons; and (3) to coordinate the research, development, and
other studies conducted in the field of arms control and disarmament
by or for other Government agencies in accordance with procedures
established under section 35 of this Act. In carrying out his responsi-
bilities under this Act, the Director shall, to the maximum extent
feasible, make full use of available facilities, Government and private.
The authority of the Director with respect to research, development,
and other studies shall be limited to participation in the following
insofar as they relate to arms control and disarmament :
(a) the detection, identification, inspection, monitoring, limita-
tion, reduction, control, and elimination of armed forces and
armaments, including thermonuclear, nuclear, missile, conven-
tional, bacteriological, chemical, and radiological weapons;
(b) the techniques and systems of detectin , identifying, in-
specting, and monitoring of tests of nuclear, thermonuclear, and
other weapons ;
(c) the analysis of national budgets, levels of industrial pro-
duction, and economic indicators to determine the amounts spent
by various countries for armaments;
(d) the control, reduction, and elimination of armed forces and
armaments in space, in areas on and beneath the earth's surface,
and in underwater regions;
(e) the structure and operation of international control and
other organizations useful for arms control and disarmament;
(f) the training of scientists, technicians and other personnel
for manning the control systems which may be created by interna-
tional arms control and disarmament agreements;
(g) the reduction and elimination of the danger of war resulting
from accident, miscalculation, or possible surprise attack, includ-
ing (but not limited to) improvements in the methods of communi-
cations between nations;
(h) the economic and political consequences of arms control
and disarmament, including the problems of readjustment arising
in industry and the reallocation of national resources;
(i) the arms control and disarmament implications of foreign
and national security policies of the United States with a view to
a better understanding of the significance of such policies for the
achievement of arms control and disarmament;
(j) the national security and foreign policy implications of
arms control and disarmament proposals with a view to a better
understanding of the effect of such proposals upon national
security and foreign policy;
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USC preo. title
1.
(k) methods for the maintenance of peace and security during
different stages of arms control and disarmament;
1) the scientific, economic, political, legal, social, psychological
mi itary, and technological factors related to the prevention of
war with a view to a better understandin of how the basic
structure of a lasting peace may be established;
(m) such related problems as the Director may determine to
be in need of research, development, or study in order to carry
out the provisions of this Act.
PATENTS
SEC. 32. All research within the United States contracted for,
sponsored, cosponsored, or authorized under authority of this Act,
shall be provided for in such manner that all information as to uses,
products, processes, patents, and other developments resulting from
such research developed by Government expenditure will (with such
exceptions and limitations, if any, as the Director may find to be
necessary in the public interest) be available to the general public.
This subsection shall not be so construed as to deprive the owner of
any background patent relating thereto of such rights as he may
have thereunder.
POLICY FORMULATION
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
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.
NEGOTIATIONS AND RELATED FUNCTIONS
SEC. 34. Under the direction of the Secretary of State_
(a) the Director, for the purpose of conducting negotiations con-
cerning arms control and disarmament or for the purpose of exer-
cising any other authority given him by this Act, may (1) consult
and communicate with or direct the consultation and communi-
cation with representatives of other nations or of international
organizations and (2) communicate in the name of the Secretary
with diplomatic representatives of the United States in this coun-
try and abroad. pe(b) the rform Stat. 642. 2(c) of Reorrganization shall Plan of 1953 with respect to to
5 USC 133z-15 to the United States Information Agency official United States
note, positions and policy on arms control and disarmament matters
for dissemination abroad.
(c) the Director is authorized (1) to formulate plans and make
preparations for the establishment, operation, and funding of
inspection and control systems which may become part of the
United States arms control and disarmament activities, and (2)
as authorized by law, to put into effect, direct, or otherwise assume
United States responsibility for such systems.
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COORDINATION
Snc. 35. The President is authorized to establish procedures to (1)
assure cooperation, consultation, and a continuing exchange of in-
formation between the Agency and the Department of Defense, the
Atomic Energy Commission, the National Aeronautics and Space
Administration and other affected Government agencies, in all signifi-
cant aspects of United States arms control and'-disarmament policy
and related matters, including current and prospective policies, plans,
and programs, (2) resolve differences of opinion between the
Director and such other agencies which cannot be resolved through
consultation, and (3) provide for presentation to the President of
recommendations of the Director with respect to such differences,
when such differences involve major matters of policy and cannot be
resolved through consultation.
TITLE IV-GENERAL PROVISIONS
GENERAL AUTHORITY
SEC. 41. In the performance of his functions, the Director is author-
ized 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, notwithstand-
ing 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, 63 40 ste Stat. ? 377.
note. USC 471 as amended ;
(b) appoint officers and employees, including attorneys, for the
Agency in accordance with the civil service laws and fix their stet. 954.
compensation in accordance with the Classification Act of 1949, 63 5 use 1071 note.
as amended
(c) enter into agreements with other Government agencies, in-
cluding the military departments through the Secretary of De-
fense 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 organiza-
tions thereof, including stenographic reporting services, as
authorized by section 15 of the Act of August 2, 1.946 (5 U.S.C mt. 810.
55a), at rates not to exceed $100 per diem for individuals, and 60 St
to pay in connection therewith travel expenses of individuals, in-
eluding transportation and per diem in lieu of subsistence while
away from their homes or regular places of business, as author-
ized by section 5 of said Act, as amended (5 U.S.C. 73b-2) : Ante, pp. 339,
Provided, That, no such individual shall be employed for more 34.
than one hundred days 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: And pro-
vided further, That such contracts may be renewed annually;
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(e) employ individuals of outstanding ability without com-
pensation in accordance with the provisions of section 710(b) of
the Defense Production Act of 1950, as amended (50 U.S.C. App.
69 Stat. 582. 2160), and regulations issued thereunder;
(f) establish advisory boards to advise with and make recom-
mendations to the Director on United States arms control and
disarmament policy and activities. The members of such boards
may receive the compensation and reimbursement for expenses
specified for consultants by section 41(d) of this Act;
(g) 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
(h) 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 RESERVE AND STAFF OFFICERS
SEC. 42. The Secretary of State may authorize the Director to exer-
cise, with respect to Foreign Service Reserve officers and Foreign Serv-
ice Staff officers and employees appointed or employed for the Agency,
the following authority: (1) The authority available to the Secretary
60 Stat. 999. of State under the Foreign Service Act of 1946, as amended, (2) the
22 use 801 note. authority available to the Secretary under any other provision of law
pertaining specifically, or generally applicable, to such officers or em-
ployees, and (3) the authorit of the Board of Foreign Service pur-
suant to the Foreign Service Act of 1946, as amended.
CONTRACTS OR EXPENDITURES
SEC. 43. The President may in advance, exempt actions of the
Director from the provisions of law relating to contracts or expendi-
tures of Government funds whenever he determines that such action
is essential in the interest of United States arms control and disarma-
ment and security policy.-
CONFLICT OF INTEREST AND DUAL COMPENSATION LAWS
SEC. 44. 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
62 Stat. 697. 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 sec-
tion 190 of the Revised Statutes (5 U.S.C. 99), or of any other Fed-
eral 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. Nor shall such service be con-
sidered as employment or holding of office or position bringing such
individual within the provisions of section 13 of the Civil Service
70 Stat. 757. Retirement Act. (5 U.S.C. 2263), section 212 of the Act of June 30,
47 Stat. 406; 1932, as amended (5 U.S.C. 59a), or any other Federal law limiting
69 Stat. 496. the reemployment of retired officers or employees or governing the
simultaneous receipt of compensation and retired pay or annuities.
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SECURITY REQUIREMENTS
SEC. 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 de-
tailed from other Government agencies, members of its General Ad-
visory Committee, advisory boards, contractors and subcontractors,
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 to alty. 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) 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 2165 of title 42, to permit 6e
the Director or any officer, employee, consultant, person detailed from
other Government agencies, member of the General Advisory Commit-
tee 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
conformity to the standards established by the Atomic Energy Com-
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-
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tor of any such department, agency, or armed force, or an officer or
empployee of any such contractor or subcontractor, and (B) has been
authorized to have access to Restricted Data under the provisions of
68 Stat. 941; sections 2163 or 2455 of title 42.
72 Stat. 433.
COMPTROLLER GENERAL AUDIT
SEC. 46. No moneys appropriated for the purpose of this Act shall
be available for payment under any contract with the Director,
negotiated without advertising, except contracts with any foreign
government, international organization or any agency thereof, unless
such contract includes a clause to the effect that the Comptroller
General of the United States or any of his duly authorized representa-
tives shall, until the expiration of three years after final payment, have
access to and the right to examine any directly pertinent books,
documents, papers, and records of the contractor or any of his subcon-
tractors engaged in the performance of, and involving transactions
related to such contracts or subcontracts : Provided, however, That no
moneys so appropriated shall be available for payment under such
contract which includes any provisions precludin an audit by the
General Accounting Office of any transaction under such contract:
And provided further, That nothing in this section shall preclude the
earlier disposal of contractor and subcontractor records in accordance
witli records disposal schedules agreed upon between the Director and
the General Accounting Office.
TRANSFER OF ACTIVITIES AND FACILITIES TO AGENCY
SEC. 47. (a) The United States Disarmament Administration,
together with its records, property, personnel, and funds, is hereby
transferred to the Agency. The appropriations and unexpended
balances of appropriations transferred pursuant to this subsection
shall be available for expenditure for any and all objects of expendi-
ture authorized by this Act, without regard to the requirements of
64 Stat. 765. apportionment under section 665 of title 31.
(b) The President, by Executive order, may transfer to the Director
any activities or facilities of any Government agency which relate
primarily to arms control and disarmament. In connection with any
such transfer, the President may under this section or other applicable
authority, provide for appropriate transfers of records, property,
civilian personnel, and funds. No transfer shall be made under this
Congressional subsection until (1) a full and complete report concerning the nature
approval. and effect of such proposed transfer has been transmitted by the
President to the Congress, and (2) the first period of sixty calendar
days of regular session of the Congress following the date of receipt
of such report by the Congress has expired without adoption by either
House of the Congress of a resolution stating that such House does
not favor such transfer. The procedures prescribed in title II of the
63 Stat. 207. Reorganization Act of 1949 shall apply to any such resolution.
5 USC 133z-10-
133z-15.
USE OF FUNDS
SEC. 48. Appropriations made to the Director for the purposes of
this Act, and transfers of funds to him by other Government agencies
for such purposes shall be available to him to exercise any authority
granted him by this Act, including, without limitation, expenses of
printing and binding without regard to the provisions of section 11
of the Act of March 1, 1919 (44 U.S.C. 111); purchase or hire of
one passenger motor vehicle for the official use of the Director without
60 Stat. s10. regard to the limitations contained in section 78(c) of title 5 of the
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United States Code; entertainment and official courtesies to the extent
authorized by appropriation; expenditures for training and study;
expenditures in connection with participation in international con-
ferences for the purposes of this Act; and expenses in connection with
travel of personnel outside the United States, including transporta-
tion expenses of dependents, household goods, and personal effects,
and expenses authorized by the Foreign Service Act of 1946, as 22 tat. 801 note.
amended, not otherwise provided for.
APPROPRIATION
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.
(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 ac-
cordance with authority granted in this Act, or under authority gov-
erning the activities of the agencies to which such funds are allocated
or transferred.
REPORT TO CONGRESS
SEc. 50. The Director shall submit to the President, for transmittal
to the Congress? not later than January 31 of each year, a report
concerning activities of the Agency.
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