and agencies; (2) developed a comprehensive, long-range program of oceanographic and marine science activities of Federal agencies, and has transmitted this program to Congress; (3) assisted in fixing responsibility for major oceanographic activities of Federal agencies; (4) provided for effective cooperation among Federal agencies; (5) facilitated the resolution of differences among agencies; and (6) reviewed annually all oceanographic activities of Federal agencies, and transmitted to Congress annually a report on Federal oceanographic activities. These are the functions that would be assigned to the proposed National Oceanographic Council. The bill raises general questions relating to the structure of the executive branch for dealing with questions of science policy. The Office of Science and Technology was established with the concurrence of the Congress to advise the President on all matters relating to science and technology and to coordinate the activities of the Federal agencies. The bill raises in principle the desirability of establishing a series of national councils in the Office of Science and Technology for areas of high importance to science and technology. This way of organizing to deal with problems of science and technology would raise complicated problems, both for the President and for the major departments. In my judgment it would be anomalous and unwise to establish within the Office of Science and Technology a statutory national council of any kind. The Federal Council for Science and Technology already has the responsibility to advise and assist the President with respect to oceanography. The establishment of a Council reporting to the President within an Office which also reports to the President would create confusion and conflicts. The establishment of the staff for the Council as proposed in the bill, including an executive secretary appointed by the President by and with the advice and consent of the Senate, would create a staff within a staff in the Office of Science and Technology. It would be difficult if not impossible to set forth clearly the respective duties, authorities, and responsibilities under such an arrangement. In addition to the deficiencies of the bill which are rooted in its basic concepts, the bill has a number of questionable provisions. First, it would not be proper for a representative of the Office of Science and Technology, which has general responsibilities, to serve as a member of a national council which may advise the President as an official advocate of a specialized area of science. Second, the functions assigned to the Council include some already assigned by law to other agencies, or already dealt with by other interagency machinery. It seems to me that, at this time, questions of scientific and technological substance relating to oceanography should take precedence over questions of organization. A prerequisite to decisions relating to the future development of oceanography is a thorough analysis of the state of the field, identification of points of priority in terms of science, technology, and resources, and the potential contributions of all parties (industry, government, universities, foundations, and private laboratories) to the field. A study group composed of outstanding scientists is being established under the auspices of the President's Science Advisory Committee to review these questions. They are also under study by the National Academy of Sciences Committee on Oceanography. It would seem prudent to withhold judgments on organizational matters until the results of these studies, plus the results of any inquiries that may stem from congressional action, are available. The net effect of the considerations noted above is to leave me strongly opposed to the national council approach to the organization of the Federal Government's activities in oceanography as outlined in this bill. At this time, it seems to me that concentration upon means of making the essential elements of the existing system more effective is the wiser course. This would be done under H.R. 2218, and it is for this reason that my favorable comment on that bill was sent to you on February 17, 1965. Sincerely yours, Hon. HERBERT C. BONNER, DONALD F. HORNIG, Director. SMITHSONIAN INSTITUTION, Chairman, Committee on Merchant Marine and Fisheries, DEAR MR. BONNER: Thank you for your letter of March 22, 1965, requesting the views of the Smithsonian Institution on H.R. 6457, a bill to provide for a comprehensive, long-range, and coordinated national program in oceanography, and for other purposes. This legislation, designated as the "National Oceanographic Act of 1965," is essentially similar to H.R. 5654, of which the Smithsonian's views were requested by your committee on March 4, 1965. H.R. 6457 would (1) set forth the objectives of the oceanographic and marine activities of the United States; (2) establish a National Oceanographic Council composed of representatives of Federal departments and agencies engaged in oceanographic and marine science activities; (3) provide that the Council shall serve as the advisory body to the President on the performance of designated functions in the fields of oceanography and marine sciences; (4) authorize the Council to employ the necessary staff; (5) authorize the Council, under the foreign policy guidance of the President, to engage in a program of international cooperation in these fields; (6) provide for the issuance of an annual oceanographic report by the President, containing such recommendations for legislation as the President may deem necessary; (7) set forth certain security provisions relating to the Council's employees and activities; (8) provide that information developed by the Council pursuant to provisions of H.R. 6457 would be available to the public, unless authorized or required by statute to be withheld for security purposes: and (9) authorize appropriations not to exceed $500,000 to carry out the purposes of this bill. It is noted that a representative of the Smithsonian Institution is to be included in the membership of the National Oceanographic Council. The Board of Regents of the Smithsonian Institution will be asked to consider this legislation at its next meeting. I shall be pleased to advise you of its views at that time. Sincerely yours, FRANK A. TAYLOR, Acting Secretary. DEPARTMENT OF STATE, Hon. HERBERT C. BONNER, Washington, July 30, 1965. Chairman, Committee on Merchant Marine and Fisheries, DEAR MR. CHAIRMAN: In your letter to the Secretary of March 22, 1965, you asked for comments concerning H.R. 6457, 89th Congress, 1st session, introduced by Mr. Ashley. The Department of State is in full agreement with the necessity for joint planning and coordination of the multiple oceanographic activities sponsored by the various governmental agencies. Only in this way can an effective, integrated, truly national program be developed. It was for this purpose that the Interagency Committee on Oceanography was established in 1960 by the Federal Council for Science and Technology. Its membership represents each of the departments and agencies proposed for the National Oceanographic Council except the Office of Science and Technology. From the standpoint of foreign relations, the Department believes the existing structure has effectively protected and furthered its interests. It defers to the judgment of the various operational agencies whether the proposed Council will more adequately promote their domestic missions and whether, if approved, the Council should be in the Office of Science and Technology. If the bill is considered favorably, the following modifications are suggested: It is noted that Section 3 (b) contains no provision for alternate members. Since it may be expected that departmental representatives will not be able to attend all meetings of the Council, it is suggested that the section be amended to provide that a representative on the Council may designate alternates. Section 3 (c) provides that the President designate a representative of the Council to serve as Chairman. It is suggested, instead, that a full-time Chairman might be designated by the President with the advice and consent of the Senate. The scope and magnitude of the national oceanographic effort demands the full attention of a high level policy officer. It is not believed an Executive Secretary can serve this purpose since his functions are primarily administrative rather than decisionmaking. Section 3 (d) (5) provides that the Council will be responsible for coordinating all Federal activities in combating natural and manmade phenomena adversely affecting public welfare and including storms, floods, seismic activities, pollution, and radioactive fallout. This section considerably exceeds the responsibility of the present Interagency Committee on Oceanography. It encompasses many areas presently outside the national oceanographic program and includes many activities directly related to the primary missions of several agencies, some of which have only a limited connection with oceanography. It is suggested that this section be eliminated or the stated activities be restricted. Section 3(e) provides for an Executive Secretary. If the suggestion for a full-time Chairman is accepted, an amendment of this section would be necessary providing for the Chairman to head the staff. Section 4(a) provides that the Council may engage in international cooperative activities. The Department believes this section is unnecessarily restrictive since it appears to confine international cooperation in oceanography to formal treaties ratified by the United States after advice and consent of the Senate. U.S. agencies and institutions are now cooperating with other countries in many valuable oceanographic studies and are contemplating additional programs. All these programs fall within the normal activities of the responsible agencies and are carefully reviewed for foreign policy implications before approval. Ample authority now exists for most international ventures in oceanography. Should this prove inadequate, further authority would be sought through treaty or legislation. Since the present procedure has worked very satisfactorily, no change is believed necessary. More formal agreements can be made, of course, for any any aspect of the international programs requiring such action. It is suggested, therefore, that section 4(a) be deleted. The Bureau of the Budget advises that, from the standpoint of the administration program, there is no objection to the presentation of this report for the consideration of the committee. Sincerely yours, DOUGLAS MACARTHUR II, Assistant Secretary for Congressional Relations (For the Secretary of State). Hon. HERBERT C. BONNER, GENERAL COUNSEL OF THE TREASURY, Chairman, Committee on Merchant Marine and Fisheries, House of DEAR MR. CHAIRMAN: This is in reply to your request for the views of this Department on H.R. 6457, to provide for a comprehensive, long range, and coordinated national progrem in oceanography, and for other purposes. The bill would establish a National Oceanographic Council in the Office of Science and Technology in the Executive Office of the President. The Council would be composed of representatives of certain executive departments and agencies and the Chairman of the Council would be designated from among its members by the President. The chief responsibility of the Council would be to coordinate the work in oceanography being carried out by the various departments and agencies of the Federal Government. Like H.R. 5654, a similar bill introduced previously in this Congress, the bill is clearly intended to advance the national program in oceanography. As we indicated in our comments on H.R. 5654, the Department is in full sympathy with that objective; however, it questions whether the proposed bill offers the most effective method of achieving the desired purpose. At the present time, coordination is achieved by the Interagency Committee on Oceanography formed by the Federal Council for Science and Technology. The Department believes this basic approach should be continued and is opposed to the creation of another office or agency with independent authority and responsibility in the field. The latter would result in duplication of effort and organization in oceanography as well as derogate from the authority and responsibility of existing agencies in this field. The Department has stated its support of H.R. 2218 as a constructive measure for assuring coordination of the efforts of the various Government agencies in the area of oceanography. For the reasons given above, the Department believes that the establishment of a new administrative organization, as outlined in the proposed bill, will not achieve that result in as desirable a manner. Accordingly, the Treasury Department is opposed to the enactment of H.R. 6457. The Department has been advised by the Bureau of the Budget that there is no objection from the standpoint of the administration's program to the submission of this report to your committee. Sincerely yours, FRED B. SMITH, Acting General Counsel. [HI.R. 7849, 89th Cong., 1st sess.] A BILL To provide for the development of ocean resources, to provide for economic development of the Continental Shelf, to provide for expanded research in the oceans and the Great Lakes, to establish a National Oceanographic Council, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Ocean Resources Development Act of 1965". TITLE I SEC. 101. The oceanographic and marine activities of the United States should be conducted so as to contribute to the following objectives: (1) The achievement of a capability to perform and carry on operations within the marine environment for the purposes of developing, managing, and conserving the resources within and underlying the oceans for beneficial uses. (2) The exploration and development of the resources of the Continental Shelf as recognized by the Convention on the Continental Shelf adopted at the United Nations Conference on the Law of the Sea. (3) The expansion of human knowledge of phenomena in and related to the oceans, the marine environment, and the Great Lakes, their boundaries and contents. (4) The development and improvement of the capabilities, performance, and efficiency of vehicles, equipment, and instruments for use in exploration, research, surveys, recovery of resources, and the transmission of energy in the marine environment. (5) The establishment of long-range studies of the potential benefits to the United States economy, security, health, and welfare to be gained from the opportunities for, and the problems involved in, utilization of scientific marine and Great Lakes research and surveys. (6) The enhancement of the general welfare and security of the United States and the preservation of the role of the United States as a leader in oceanographie and marine science and technology. (7) The encouragament of private investment in the economic utilization of the marine resources of the Continental Shelf. (8) The advancement of education and training in marine science and technology and the dissemination of discoveries and information which may have value to United States industries, and to Federal and State agencies concerned with ocean resource development missions. (9) The cooperation by the United States with other nations and groups of nations in oceanographic and marine research and surveys, and in developmental projects when such cooperation is in the national interest. SEC. 102. As used in this Act (1) The term "Council" means the National Oceanographic Council established in section 201 of this Act. (2) The term "Commission" means the Marine and Exploration and Development Commission established in section 301 of this Act. |