54 NATIONAL OCEANOGRAPHIC PROGRAM LEGISLATION 



his alternate in his absence. The choice of an alternate should not be 

 limited by a requirement that he be appointed to his office by the 

 President with the advice and consent of the Senate. 



The Commission urges the deletion from the bill of subsection 5(b). 

 This subsection would authorize "any member, officer, or employee of 

 the Council to hn ve access to restricted data relating to oceanography 

 and the marine sciences which is required in the performance of his 

 duties * * *" as certified by the Council, provided the Council deter- 

 mines that its established "security procedures * * * are * * * in 

 reasonable conformity to the standards established by the Atomic 

 Energy Commission under section 145 of the Atomic Energy Act of 

 1954 (42 U.S.C. 2165)," and provided the Council has determined 

 in accordance with such procedures "that permitting such individual 

 to have access to such restricted data will not endanger the common 

 defense and security." 



In our view subsection 5(b) would have the effect of diluting the 

 Commission's control over restricted data without adequate demon- 

 strated need. Such a certification procedure for access to restricted 

 data, as proposed by subsection 5(b), has been accorded to only two 

 agencies, the Department of Defense and the National Aeronautics and 

 Space Administration because the nature of the duties and functions of 

 these agencies have so required. However, we believe that such a 

 statutory provision for the National Oceanographic Council is not 

 necessary. There does not appear to be extensive restricted data per- 

 taining to oceanography and related marine sciences, and we believe 

 that need for access to such restricted data, which the Council's mem- 

 bers and officers as well as its relatively small staff may have, can be 

 effectively handled through the Commission's usual security proce- 

 dures. In this connection, it should be noted that Public Law 87-206 

 (75 Stat. 475) amended the Atomic Energy Act of 1954, as amended, 

 on September 6, 1961, by adding a new subsection 145(c) in order to 

 expedite clearances in such cases as this. In order to allow the Council 

 to make full use of the clearance procedure contained in section 145(c) 

 of the Atomic Energy Act, it is also recommended that section 5 (a) of 

 the proprosed bill be revised to read as follows : 



"Sec. 5. (a) The Council shall arrange with the Federal Bureau of 

 Investigation for the conduct of investigations, including full field 

 investigations, of the character, associations, and loyalty of _ the 

 CouncU's officers, employees, and consultants, as it deems appropriate. 

 The results of such investigations shall be furnished to the Council." 



The Bureau of the Budget has advised that there is no objection to 

 the presentation of this report from the standpoint of the administra- 

 tion's program. 



Sincerely yours, 



John V. Vinci guerra 

 (For General Manager) , 



General Counsel of the 

 Department of Commerce, 

 Washington, D.C., July 26, 1965. 

 Hon. Herbert C. Bonner, 



Chairman, Committee on Merchant Marine and Fisheries, 

 House oj Representatives, Washington, D.C. 



Dear Mr. Chairman: This letter is in reply to your request for the 

 views of this Department with respect to H.R. 6457, a bill to provide 



