Attachment II - Page 24 
FOREIGN RELATIONS ACT 
P.L. 94-141 
the Congress on the arms control and disarmament implications of 
any program on which a statement has been submitted. 
Programs affected would be those whose total estimated program 
cost exceeds $250 million or $50 million annually. F or weapons pro- 
grams which fall below the $50 million annual limit and policy issues 
with no expenditure as such, the legislation provides a discretionary 
authority for the Director to make an arms control and disarmament 
assessment and analysis identical to the procedure outlined above. The 
intent in providing this discretionary authority to the Director, is 
tp include programs which, regardless of cost, have a potentially sig- 
nificant arms control impact. Included in this intent are items of a 
‘‘seminal” nature, such as major philosophical or doctrinal changes 
in defense posture or new weapons concepts in various stages of re- 
search and development — any of which could have far-reaching im- 
plications for arms control and disarmament poliey and planning. 
As noted, Section 103 provides that any request to the Congress for 
authorization or appropriations for such programs would include 
a complete statement assessing and analyzing its arms control and 
disarmament impact. Any auch statement containing confidential 
or classified materials would be handled under an appropriate in- 
junction, of secrecy. While Congress expects good fattn compliance 
with these procedures by all agencies involved it will exercise care- 
ful oversight review to assure effective operation of the procedure. At 
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the same time, it ie not the intention of Congress that there be any 
judicial enforcement of these provisions or any judicial review with 
respect to the adequacy of compliance with these provisions. Thus, 
the legislation contains an express provision to that effect. 
The advice and recommendations of tho Director furnished to vari- 
ous executive branch offices would not be available to members of the 
general public under the Freedom of Information provisions of Title 5 
of the United States Code. At times, such advice and recommenda- 
tions might include sensitive security information and accordingly 
Nyould be classified and therefore exempted from disclosure by Sec- 
tion 552(b) (1) (A). More generally, the advice and recommenda- 
tions furnished to the executive branch offices by the Director is 
the type of predecisional interagency advice furnished to assist in 
the decisionmaking process which is exempted from public disclosure 
bySection 552(b) (5). 
Since tho impact statements would contain information which for 
the most part is already gathered and analyzed by ACDA officials, 
the Committee docs not believe this requirement should necessitate 
additional personnel nor funding for tire Agency at this time. 
Annual Acenct Report to Congress — Posture . Statement 
As a complement to the arms control impact statement procedure, 
the legislation also provides for an expanded Agency annual report 
to Congress. Analogous to the annual “Posture Statement” provided 
to Congress by the Secretary of Defense, the report would be extended 
to inelmlo a cmupletc and analytical stacemenc of arms control and dis- 
armament goals, negotiations, and activities as well 33 an appraisal of 
the status and prospects of arms control negotiations and of arms con- 
trol measures in effect. The intent is to once again provide Congress 
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