NATIONAL OCEANOGRAPHIC PROGRAM LEGISLATION 69 



processes of the marine environment. There is also an FCST Com- 

 mittee on Water Resom-ces Research which is concerned with coordi- 

 nating research activities of the various agencies on fresh water 

 resoui-ces, including research pertaining to the Great Lakes. 



It is the AEC's understanding that title II of the proposed bill 

 would in effect substitute a National Oceanographic Council for the 

 ICO as the primary coordinator of agency activities in the field of 

 oceanography, and for the FCST Committee on Water Resources 

 Research as the primary coordinator of agency research activities in 

 the field of fresh water resources to the extent that those activities 

 concern the Great Lakes. While the Commission is in accord with 

 the substantive purpose and intent of title II of the proposed legis- 

 lation, it is our belief that such a substitution is not necessary or 

 appropriate at this time in view of the effective coordination of agency 

 efforts in this field by the ICO and the FCST Committee on Water 

 Resources Research, 



Should the bill be considered for passage, however, the Commission 

 suggests that changes in title II as set forth below be made. 



The Commission urges the deletion from the bill of subsection 

 203(b). This subsection would authorize "any member, officer, or 

 employee of the Council to have access to restricted data relating to 

 oceanography and the marine sciences which is required in the per- 

 formance of his duties * * *" as certified by the Council, provided 

 the Council determines 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 f42 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 203(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 203(b), has been accorded to only 

 two agencies, the Department of Defense and the National Aero- 

 nautics 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 pertaining to oceanography and related marine sciences, 

 and we believe that need for access to such restricted data, which the 

 Council's members and officers as well as its relatively small staff may 

 have, can be effectively handled through the Commission's usual 

 security procedures. 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, b}^ adding a new sub- 

 section 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 pro- 

 cedure contained in section 145(c) of the Atomic Energy Act, it is 

 also recommended that section 203(a) of the proposed bill be revised 

 to read as follows: 



"Sec. 203(a). The Council shall arrange with the Federal Bureau 

 of Investigation for the conduct of investigations, including fuU fielp 



