§ 2562. Director of Agency; appointment; powers and duties.

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 chapter 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 chapter. He shall be appointed by the President, by and with the advice and consent of the Senate. (Pub. L. 87-297, title II, § 22, Sept. 26, 1961, 75 Stat. 632; Pub. L. 88-426, title III, § 305 (17) (A), Aug. 14, 1964, 78 Stat. 424.)

AMENDMENTS

1964-Pub. L. 88-426 repealed provisions which prescribed the compensation of the Director. See section 2211 of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE DATE OF 1964 AMENDMENT Amendment of section by Pub. L. 88-426 effective on the first day of the first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426, set out as a note under section 1113 of Title 5, Executive Departments and Government Officers and Employees.

CROSS REFERENCES

Compensation of Director, see section 2211 of Title 5, Executive Departments and Government Officers and Employees.

§ 2563. Deputy Director of Agency; appointment; powers and duties.

A Deputy Director of the Agency shall be appointed by the President, by and with the advice and consent of the Senate. 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. (Pub. L. 87-297, title II, § 23, Sept. 26, 1961, 75 Stat. 632; Pub. L. 88-426, title III, § 305(17) (B), Aug. 14, 1964, 78 Stat. 424.)

AMENDMENTS

1964 -Pub. L. 88-426 repealed provisions which prescribed the salary of the Deputy Director. See section 2211 of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE DATE OF 1964 AMENDMENT Amendment of section by Pub. L. 88-426 effective on the first day of the first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426, set out as a note under section 1113 of Title 5, Executive Departments and Government Officers and Employees.

CROSS REFERENCES

Compensation of Deputy Director, see section 2211 of Title 5, Executive Departments and Government Officers and Employees.

§ 2564. Assistant Directors of Agency; number; appointment; powers and duties.

Not to exceed four Assistant Directors may be appointed by the President, by and with the advice and consent of the Senate. They shall perform such duties and exercise such powers as the Director may prescribe. (Pub. L. 87-297, title II, § 24, Sept. 26, 1961, 75 Stat. 632; Pub. L. 88-426, title III, § 305 (17) (C), Aug. 14, 1964, 78 Stat. 424.)

AMENDMENTS 1964 -Pub. L. 88-426 repealed provisions which prescribed the compensation of the Assistant Directors. See section 2211 of Title 5, Executive Departments and GoTernment Officers and Employees.

EFFECTIVE DATE OF 1964 AMENDMENT Amendment of section by Pub. L. 88-426 effective on the first day of the first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88426, set out as a note under section 1113 of Title 5, Executive Departments and Government Officers and Employees. CROSS REFERENCES

Compensation of Assistant Directors, see section 2211 of Title 5, Executive Departments and Government Offcers and Employees.

§ 2565. Bureaus, offices and divisions of Agency.

The Director, under the direction of the Secretary of State, may establish within the Agency such bureaus, offices, and divisions as he may determine to be necessary to discharge his responsibilities under this chapter, including, but not limited to, an Office of the General Counsel. (Pub. L. 87-297, title II, § 25, Sept. 26, 1961, 75 Stat. 632.)

§ 2566. General Advisory Committee; number; appointment; compensation and expenses; powers and duties; Chairman; meetings.

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 disarmament 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 consultants by section 2581 (d) of this title. 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 peace. (Pub. L. 87-297, title II, § 26, Sept. 26, 1961, 75 Stat. 632.)

SUBCHAPTER III.-FUNCTIONS

The

§ 2571. Research, development and other studies. 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 United States private or public institutions 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 2575 of this title In carrying out his responsibilities under this chapter, 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:

Control, reduction and elimination of armed forces and armaments.

(a) the detection, identification, inspection, monitoring, limitation, reduction, control, and elimination of armed forces and armaments, including thermonuclear, nuclear, missile, conventional, bacteriological, chemical, and radiological weapons;

Weapon detection and identification tests.

(b) the techniques and systems of detecting, identifying, inspecting, and monitoring of tests of nuclear, thermonuclear, and other weapons; Analysis of national budgets and economic indicators.

(c) the analysis of national budgets, levels of industrial production, and economic indicators to determine the amounts spent by various countries for armaments;

Space, earth's surface and underwater regions.

(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;

Structure and operation of international control.

(e) the structure and operation of international control and other organizations useful for arms control and disarmament;

Training of control system personnel.

(f) the training of scientists, technicians, and other personnel for manning the control systems which may be created by international arms control and disarmament agreements;

Danger of war from accident, miscalculation, or surprise attack.

(g) the reduction and elimination of the danger of war resulting from accident, miscalculation, or possible surprise attack, including (but not limited to) improvements in the methods of communications between nations;

Economic and political consequences of disarmament.

(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; Disarmament implications of foreign and national security policies of United States.

(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;

National security and foreign policy implications of 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;

Methods for maintenance of peace and security during stages of disarmament.

(k) methods for the maintenance of peace and security during different stages of arms control and disarmament;

War prevention factors.

(1) the scientific, economic, political, legal, social, psychological, military, and technological factors related to the prevention of war with a view to a better understanding of how the basic structure of a lasting peace may be established; Other related problems.

(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 chapter.

(Pub. L. 87-297, title III, § 31, Sept. 26, 1961, 75 Stat. 633; Pub. L. 88-186, § 5, Nov. 26, 1963, 77 Stat. 343.)

AMENDMENTS

1963-Pub. L. 88-186 inserted "United States" preceding "private" in clause (2) of opening par.

§ 2572. Patents; availability to general public; protection of background rights.

All research within the United States contracted for, sponsored, cosponsored, or authorized under authority of this chapter, 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 section shall not be so construed as to deprive the owner of any background patent relating thereto of such rights as he may have thereunder. (Pub. L. 87-297, title III, § 32, Sept. 26, 1961, 75 Stat. 634.)

§ 2573. Policy formulation.

The Director is authorized and directed to prepare for the President, the Secretary of State, and the heads of such other Government agencies, as the President may determine, recommendations concerning United States arms control and disarmament policy: Provided, however, That no action shall be taken under this chapter 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. Nothing contained in this chapter 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. (Pub. L. 87-297, title III, § 33, Sept. 26, 1961, 75 Stat. 634; Pub. L. 88-186, § 3, Nov. 26, 1963, 77 Stat. 342.)

AMENDMENTS

1963-Pub. L. 88-186 added provision precluding construction of this chapter to authorize the regulation of the possession of firearms by an individual.

§ 2574. Negotiations and related functions.

Under the direction of the Secretary of State(a) the Director, for the purpose of conducting negotiations concerning arms control and disarmament or for the purpose of exercising any other authority given him by this chapter, may (1) consult and communicate with or direct the consultation and communication 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 country and abroad.

(b) the Director shall perform functions pursuant to section 2(c) of Reorganization Plan 8 of 1953 with respect to providing to the United States Information Agency official United States 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. (Pub. L. 87-297, title III, § 34, Sept. 26, 1961, 75 Stat. 634.)

REFERENCES IN TEXT

Reorganization Plan 8 of 1953, referred to in subsec. (b), is set out as a note under section 133z-15 of Title 5. Executive Departments and Government Officers and Employees.

§ 2575. Coordination of Government agencies and resolution of policy differences.

The President is authorized to establish procedures to (1) assure cooperation, consultation, and a continuing exchange of information 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 significant 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. (Pub. L. 87-297, title III, § 35, Sept. 26, 1961, 75 Stat. 635.)

EX. ORD. NO. 11044. INTERAGENCY COORDINATION Ex. Ord. No. 11044, Aug. 20, 1962, 27 F.R. 8341, provided: WHEREAS there has been established by law the United States Arms Control and Disarmament Agency; and WHEREAS the Arms Control and Disarmament Act [this chapter] provides that the Director of that Agency shall be the principal adviser to the Secretary of State and the President on Arms control and disarmament matters and requires the Director to assume primary responsibility within the Government for such matters under the direction of the Secretary of State; and

WHEREAS the Act [this chapter] authorizes and directs the said Director to coordinate significant aspects of the United States arms control and disarmament policy and related matters; and

WHEREAS it is desirable that the President establish procedures for coordination, and for the resolution of differences of opinion between the United States Arms Control and Disarmament Agency and other affected Government agencies, concerning all significant aspects of arms control and disarmament policy and related matters: NOW, THEREFORE, by virtue of the authority vested in me by the Arms Control and Disarmament Act (75 Stat. 631; 50 U.S.C. 1501 et seq.) [now classified to this chapter], and as President of the United States, it is hereby ordered as follows:

SECTION 1. Definitions. As used hereinafter:

(a) The word "Director" means the Director of the United States Arms Control and Disarmament Agency. (b) The term "affected agencies" shall include the Department of Defense, the Atomic Energy Commission, the Central Intelligence Agency, the National Aeronautics and Space Administration, and, when not inappropriate in the context, the United States Arms Control and Disarmament Agency, and shall include also such other agencies as the Director may designate hereunder. (c) The terms "arms control" and "disarmament" shall be defined as they are defined in section 3(a) of the Arms Control and Disarmament Act [section 2552(a) of this title].

(d) The term "related matters" shall include those matters which are necessary to, desirable for, or otherwise directly connected with the functions described in sections 3 and 4 of this order.

SEC. 2. Cooperation. The Director and the heads of affected agencies shall keep each other fully and currently informed on all significant aspects of United States arms control and disarmament policy and related matters, including current and prospective policies, plans and programs. Differences of opinion concerning arms control and disarmament policy and related matters arising between the United States Arms Control and Disarmament Agency and other affected agencies with respect to such subjects which involve major matters of policy and cannot be resolved through consultation shall be promptly referred to the President for decision. In such instances the head of an agency presenting recommendations with respect to such differences to the President shall give the heads of affected agencies notice of the occasion for and substance of his recommendations.

SEC. 3. Policy coordination. (a) The Director shall establish procedures consistent with this order and the Arms Control and Disarmament Act [this chapter] to assure coordination of:

(1) his recommendations to the Secretary of State and the President and to the heads of affected agencies relating to United States arms control and disarmament policy;

(2) Government planning for the conduct and support of research for arms control and disarmament policy formulation, including the comprehensive and balanced plan provided for in Section 4 of this order;

(3) Government planning for the dissemination of public information concerning arms control and disarmament;

(4) the preparation for and management of United States participation in international negotiations in the arms control and disarmament field; and

(5) 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 disarmament activities.

(b) The Director shall exercise leadership in assuring that differences of opinion concerning arms control and disarmament policy and related matters are resolved expeditiously and shall take such steps as may be appropriate in order to produce common or harmonious action among the agencies concerned.

SEC. 4. Research. With the advice and assistance of affected agencies, the Director shall develop and keep current a comprehensive and balanced program of research, development and other studies needed to be conducted by or for the Government for arms control and disarmament policy formulation. The Director shall maintain a continuing inventory of Federal activities related to the planned program and advise the affected agencies as to their respective participations in the planned program in order to produce harmonious action

and prevent duplication of effort. The Director shall periodically submit to the Director of the Bureau of the Budget a consolidated schedule of such activities with assessments of their respective programs by the responsible agencies, together with his evaluations regarding these activities.

SEC. 5. Force and armament levels. The Secretary of Defense shall keep the Director informed with respect to the planning of armed forces levels and armaments and, for consideration in connection with such planning, the Director shall furnish the Secretary of Defense statements of existing and projected arms control and disarmament policies. JOHN F. KENNEDY

SUBCHAPTER IV.-ADDITIONAL GENERAL PROVISIONS

§ 2581. General authority of Director.

In the performance of his iunctions, the Director is authorized to

Utilization of other Federal agencies; general administrative services; transfers of supplies, equipment and surplus property.

(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, not withstanding 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:

Employment of personnel.

(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;

Detail of other agency personnel without prejudice to status or advancement.

(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 chapter without prejudice to the status or advancement of such officers or employees within their own agencies;

Experts and consultants; stenographic reporting services; compensation and travel expenses; limitation on period of employment; renewal of employment contracts.

(d) procure services of experts and consultants or organizations thereof, including stenographic reporting services, as authorized by section 55a of Title 5, at rates not to exceed $100 per diem for individuals, 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 73b-2 of Title 5: Provided, That no such individual shall be employed for more than one hundred days in any fiscal year unless the President certifies that employment of such individual in excess of such interest: And provided further, That such connumber of days is necessary in the national tracts may be renewed annually;

Employment of outstanding personnel.

(e) employ individuals of outstanding ability without compensation in accordance with the provisions of section 2160 (b) of Appendix to Title 50 and regulations issued thereunder;

Establishment of advisory boards; compensation and expenses.

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

Delegation of functions.

(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 chapter; and

Rules and regulations.

(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 chapter.

(Pub. L. 87-297, title IV, § 41, Sept. 26, 1961, 75 Stat. 635.)

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949, as amended, referred to in subsec. (a), is classifiled to chapter 11C of Title 5, Executive Departments and Government Officers and Employees, chapter 10 of Title 40. Public Buildings, Property, and Works, chapter 4 of Title 41, Public Contracts, and chapter 11 of Title 44, Public Printing and Documents.

The civil service laws, referred to in subsec. (b), are classified generally to Title 5.

The Classification Act of 1949, as amended, referred to in subsec. (b), is classified to chapter 21 of Title 5. § 2582. Foreign Service Reserve and Staff personnel. 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. (Pub. L. 87-297, title IV, § 42, Sept. 26, 1961, 75 Stat. 636.)

REFERENCES IN TEXT

The Foreign Service Act of 1946, as amended, referred to in clauses (1) and (3), is classified to chapter 14 of this title.

§ 2585. Security requirements.

§ 2583. Contracts or expenditures.

The President may, in advance, exempt actions of the Director from the provisions of law relating to contracts or expenditures of Government funds whenever he determines that such action is essential in the interest of United States arms control and disarmament and security policy. (Pub. L. 87-297, title IV, § 43, Sept. 26, 1961, 75 Stat. 636.)

§ 2584. Conflict of interest and dual compensation exemption.

The members of the General Advisory Committee created by section 2566 of this title, 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 2581 of this title, may serve as such without regard to the provisions of section 281, 283, 284, or 1914 of Title 18, or of section 99 of Title 5, 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. Nor shall such service be considered as employment or holding of office or position bringing such individual within the provisions of section 2263 of Title 5, 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 3102 of Title 5. (Pub. L. 87-297, title IV, § 44, Sept. 26, 1961, 75 Stat. 636; Pub. L. 88-448, title IV, § 401(d), Aug. 19, 1964, 78 Stat. 490.)

REFERENCES IN TEXT

Sections 281 and 283 of Title 18, referred to in text, were repealed by Pub. L. 87-849, § 2, Oct. 23, 1962, 76 Stat. 1126, except as they may apply to retired officers of the armed forces of the United States, and were supplanted by sections 203 and 205 of Title 18, Crimes and Criminal Procedure.

Sections 284 and 1914 of Title 18, referred to in text, were repealed by Pub. L. 87-849, § 2, Oct. 23, 1962, 76 Stat. 1126, and were supplanted by sections 207 and 209 of Title 18, Crimes and Criminal Procedure.

Section 99 of Title 5, referred to in text, was repealed by Pub. L. 87-849, § 3, Oct. 23, 1962, 76 Stat. 1126. See section 207 of Title 18, Crimes and Criminal Procedure.

AMENDMENTS

1964-Pub. L. 88-448 eliminated provisions which stated that such service shall not be considered as employment or holding of office or position bringing such individual within the provisions of section 59a of Title 5, and inserted words ", subject to section 3102 of Title 5."

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment of section by Pub. L. 88-448 effective on the first day of the first month which begins later than the ninetieth day following Aug. 19, 1964, see section 403 of Pub. L. 88-448, set out as a note under section 3101 of Title 5, Executive Departments and Government Officers and Employees.

(a) Establishment of security and loyalty require ments, restrictions, and safeguards; investigation of personnel; standards of clearance. 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 chapter. The Director shall arrange with the Civil Service Commission for the conduct of fullfield 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 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. 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) Acceptance of investigation and clearance granted by other Government agencies to contractor personnel; access to confidential information.

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) of this section, 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) of this section: 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 inves