OCEANOGRAPHY 1961 — PHASE 3 337 



Of course, let me say tliere are certainly opposite views which have 

 some merit and we recoo^nize these, and it is a question of having 

 to make a decision one way or the other. We have felt that the restric- 

 tions we have put on the grant will protect the Government, If we 

 could, I think, it might be useful to read into the record the restrictive 

 clauses that we have in the grant. 



Mr. Miller. I think we would be very happy to have that. 



Mr. KuTTENBERG. Shall 1 proceed ? 



Mr. Lennon (presiding). Will the gentleman proceed to read into 

 the record the restrictions and commitments with respect to the use 

 of these vessels ? 



Mr. RuTTENBERG. These clauses I am about to read may not appear 

 in the grant in this order, but they are in. This is a summary oi the 

 ones that are pertinent. First : 



The grantee will, within the reasonable limits of its funds, operate and properly 

 maintain the completed vessel. 



The next clause that is involved is as follows : 



During a i)eriod of national emergency declared by the President or the Con- 

 gress, the grantee will, should the cognizant Federal Government executive 

 agency decide that the interests of national defense require it, convey to the 

 Government, title and ownership of the vessel without further cost to the Govern- 

 ment except for such equipment and improvements as may have been added by 

 the grantee and such other costs as may, in the judgment of the cognizant agency, 

 be deemed equitable. 



The next clause involved is : 



The grantee shall use the ship primarily for the conduct of basic scientific 

 research. In the event that the ship does not continue to be so used, title to the 

 ship will be transferred to the U.S. Government upon the request of the National 

 Science Foundation. 



Finally : 



In the event that the grantee wishes to dispose of the ship, such disposal shall 

 not take place without the prior approval of the Foundation. 



Those are, I think, the relevant clauses. 



Mr. Lennon. In Dr. Fye's testimony heretofore given before the 

 committee, he listed some restrictions and commitments that were tied 

 to the transfer of these vessels to such a private institution as the 

 Woods Hole Institution and I read this language from the tran- 

 script of the testimony and ask your comment on it. You just 

 touched on it. 



This is quoting Dr. Fye : 



It is required that the ship be used for basic research, and if this use ceases 

 the title returns to the United States * * *. 



You just mentioned that. 

 Reading further — 



* * * If there is no privilege to use this as an asset of a research institution 

 in terms of sale, without approval and complete acquiescence on the part of 

 the Science Foundation. 



Would you explain that ? 



Mr. RuTTENBERG. I think the clause he referred to there was the one 

 I read which says that — 



In the event that the grantee wishes to dispose of the ship, such disposal shall 

 not take place without prior approval of the Foundation. 



