ANTARCTICA LEGISLATION, 1961 THURSDAY, AUGUST 24, 1961 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON TERRITORIAL AND INSULAR AFFAIRS OF THE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS, Washington, D.C. The committee met at 9:45 a.m., in room 1324, New House Office Building, Hon. Wayne N. Aspinall (full committee chairman) presiding. Mr. ASPINALL. The Subcommittee on Territorial and Insular Affairs will be in session for the consideration of matters that are regularly scheduled to come before it this morning; that is, the beginning of the hearings on the bills H.R. 7149 by our colleague, Mr. Zablocki; H.R. 7475 by the chairman of the full committee; H.R. 7486 by Mr. O'Brien, the chairman of the subcommittee, and H.R. 7489 by Mr. Saylor, the ranking minority member of the Committee on Interior and Insular Affairs. The gentleman from New York, Mr. O'Brien, is unavoidably detained at his home this morning and will not be able to get here. The committee has assumed an understandable interest in the matters surrounding Antarctica, not only because there are many of us on the committee who feel we have some jurisdiction over activities and values in that area, especially in those places where the United States has flag jurisdiction, but also because of the tremendous interest that the people generally have, which interest goes to each Member of this Congress. We have endeavored to keep ourselves well informed on the activities in the area and upon the relationship of those activities to other activities which take place in the area and over which activities other committees may have jurisdiction. We have no particular desire to enter into any jurisdictional difficulties over these matters. Although the reports we get are unfavorable to the legislation which has been introduced, nevertheless, we shall continue to take an interest in these matters. The bill by Mr. Zablocki, H.R. 7149, unless there is objection, will be printed in the record at this point. A BILL To provide for continuity and support of study, research, and development of programs for peaceful uses in science, commerce, and other activities related to Antarctica, which shall include, but shall not be limited to, gathering, evaluating, correlating, and dispersing of information and knowledge obtained from exploration, research, and other mediums relating to weather, communications, travel, and other areas of information; also to coordinate Antarctic activities among those agencies of the United States Government and private institutions interested in or concerned directly with the promotion, advancement, increase, and diffusion of knowledge of the Antarctic; and to direct and administer United States Antarctic programs in the national interest 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 "Richard E. Byrd Antarctic Commission Act of 1961". DEFINITIONS SEC. 2. When used in this Act: (1) "Commission" means the Richard E. Byrd Antarctic Commission. (2) "Director" means the Director of the Commission. (3) "Board" means the Board of Governors. (4) "Commissioned officer" means a commissioned officer of the Armed Forces of the United States. THE COMMISSION SEC. 3. There is established in the executive branch of the Government, the Richard E. Byrd Antarctic Commission. The Commission shall consist of a Director, two Deputy Directors, and a Board of Governors. FUNCTIONS OF THE COMMISSION SEC. 4. The Commission shall (1) maintain a depository of information relating to the Antarctic including: (A) all records of the Commission, (B) originals or copies of records within the executive branch relating to the Antarctic, (C) books, pamphlets, periodicals, and articles dealing with the Antarctic, and (D) such other information as the Commission considers desirable; (2) conduct such field and laboratory studies and evaluations as it considers advisable to further the knowledge of the Antarctic in science, commerce, and related activities, which shall include, but shall not be limited to gathering, evaluating, and dispersing of information and knowledge obtained from exploration, research and other mediums, relating to weather, communications, travel, and other areas of information; (3) publish or arrange for the publication of scientific, technical, historical, and general information so as to further the dissemination of information about the Antarctic, when the dissemination is consistent with the interests of national security and the public interest (publication may be made without regard to section 87 of the Act of January 12, 1895 (ch. 23, 28 Stat. 622), and section 11 of the Act of March 1, 1919 (ch. 86, 40 Stat. 1270; 44 U.S.Ć. 111)); (4) with the concurrence and approval of the Board, perform, at the request of the head of any executive agency, specific research, investigation, or experimentation in connection with matters relating to the national defense and/or the interests of the United States; (5) approve the plans for and supervise Antarctic operations or expeditions conducted by, or supported by, other agencies of the United States except for operations or expeditions or parts thereof which are military in character; (6) assist private Antarctic expeditions or research programs when such assistance is in the best interests of the United States; (7) accept and utilize the services of voluntary and uncompensated personnel and provide transportation and subsistence as authorized by section 5 of the Act of August 2, 1946 (ch. 744, 60 Stat. 808), as amended (5 U.S.C. 73b-2), for persons serving without compensation; and (8) acquire by purchase, lease, loan, or gift, and hold or dispose of by sale, lease, or loan, real or personal property necessary for, or resulting from, the exercise of authority under this Act; (9) receive and use funds donated to the Commission if such funds are donated without restriction other than that they be used to carry out the general purposes of this Act; (10) report to the President before September 16 of each year, summarizing the activities of the Commission and making such recommendations as it considers appropriate. The report shall include the recommendation of the Board. THE DIRECTOR OF THE COMMISSION SEC. 5. (a) The Director shall be appointed by the President, by and with the advice and consent of the Senate, for a period of six years and shall be paid at the rate prescribed in section 107(a) of the Federal Executive Pay Act, 1956 (70 Stat.). He may be a person appointed from civilian life or a commissioned officer in an active or retired status. (b) The Director shall (1) manage the affairs of the Commission; (2) issue such regulations as he considers necessary to carry out this Act; (3) appoint and fix the compensation of such personnel as may be necessary to carry out this Act; and (4) be a member of the Board of Governors ex officio. (c) The appointments made and the compensation fixed shall be in accordance with the Classification Act of 1949 and the regulations of the Civil Service Commission. However, the Director may employ such technical and professional personnel, and fix their compensation, as he considers necessary, without regard to the Classification Act of 1949 or the regulations of the Civil Service Commission. The Director may terminate the employment of any officers or employees, except the Deputy Directors, whenever he considers that termination to be in the best interests of the United States, except that no person in the classified service may be removed or suspended without pay unless it is accomplished under the Act of August 24, 1912 (ch. 389, 37 Stat. 555), as amended (5 U.S.C. 652). DEPUTY DIRECTORS SEC. 6. (a) The Deputy Directors shall be appointed by the President, by and with the advice and consent of the Senate, and shall perform such duties as he may prescribe. (b) The Deputy Directors may be appointed from civilian life or may be commissioned officers in an active or retired status. However, if the Director is appointed from civilian life, only one Deputy Director may be a commissioned officer. If the Director is a commissioned officer, both Deputy Directors shall be appointed from civilian life. (c) The Deputy Directors shall be paid $ a year. MILITARY STATUS OF DIRECTOR AND DEPUTY DIRECTORS SEC. 7. (a) When a commissioned officer is appointed as Director or Deputy Director, he is not subject to military authority and may not exercise command over any members of the Armed Forces of the United States except as the President may prescribe. (b) The appointment of a commissioned officer as Director or Deputy Director does not affect his status or rank or the pay and allowances incident to his status or rank. He is entitled to receive the pay and allowances payable to an officer of his rank and length of service, for which the appropriate department shall be reimbursed from any funds available to defray the expenses of the Commission. He is also entitled to be paid by the Commission the amount by which the compensation provided for the Director or Deputy Director exceeds his annual military pay and allowances. BOARD OF GOVERNORS SEC. 8. (a) The Board-consisting of eleven members-shall be appointed by the President, by and with the advice and consent of the Senate. The Board shall consist of the President of the National Academy of Sciences; Director of the National Science Foundation; Secretary of Defense; Secretary of State; Secretary of Interior; Secretary of Commerce, or their designees, plus four selected from civil life who are eminently qualified in their professions including a representative of the academic polar institutes so as to provide, in addition to Federal administration, a broad field of knowledge and experience which will properly relate the activities of the Commission to the national welfare. (b) The members of the Board, in addition to the President of the National Academy of Sciences; Director of the National Science Foundation; Secretary of Defense; Secretary of State; Secretary of Interior; Secretary of Commerce, or their designees, shall be appointed for a period of six years, except that (1) any member appointed to fill a vacancy occurring before the expiration of the term of his predecessor shall be appointed for the remainder of the term; (2) the term of office of the members first taking office after the date of enactment of this Act shall expire, as designated by the President at the time of appointment, one at the end of two years, one at the end of four years, and two at the end of six years and (3) a member may be reappointed to the Board for not more than one additional term; and (4) the members of the Board who are Cabinet members shall be members of that Board during the tenure of office as Cabinet members. (c) Members of the Board shall be paid at the rate of $50 per day-for each day except members of the President's Cabinet during their services as members of the Board, and shall be allowed travel expenses as authorized by section 5 of the Act of August 2, 1946 (ch. 744, 60 Stat. 808), as amended (5 U.S.C. 73b-2). (d) The Board shall (1) meet annually on the first Monday in November and at such other times as the Chairman determines; (2) elect a Chairman and Vice Chairman, at the regular annual meeting. to serve for the following year; (3) review and assess the research and exploration activities relating to the Antarctic; and (4) make such recommendations to the Commission as they consider appropriate for the advancement and dissemination of knowledge of the Antarctic. RESEARCH CENTERS SEC. 9. (a) Under the provisions of this Act there shall be established research centers at academic and/or research institutions having special competences or interests in scientific aspects of polar research. The Commission shall determine that each such center shall meet criteria prescribed by the Commission under the policy guidance provided by the Board of Governors, and the Commission shall be responsible for the overall development and coordination of programs of research which may be approved for development within the research centers in, and related to the Antarctic region. Such programs of research as may be initiated at the research centers with the approval of the Commission, in close cooperation with the National Science Foundation, shall be supported by Federal or private funds. (b) Due to the unique requirements of polar research, a designated number of fellowships or grants shall be provided to permit qualified students and others to conduct studies pertinent to Antarctica. The Commission shall be authorized to grant support funds specifically associated with polar research, recommended by the Director of the Commission and approved by the Board of Governors. SERVICES AND FUNDS OF OTHER AGENCIES SEC. 10. (a) The Commission may, with the consent of the agency concerned, accept and utilize on a reimbursable basis the officers, employees, services, facilities, and information of any agency of the United States. However, such services and facilities may be furnished only if it does not interfere with the performance of the primary mission of the agency concerned. An agency having custody of data relating to the matters within the jurisdiction of the Commission shall, upon request of the Director, make that data available to the Commission without reimbursement. (b) Funds available to any agency of the United States for scientific or technical research, educational, or other public service are available for transfer, with the approval of the head of the agency concerned, to the Commission for such use as is consistent with the purposes for which those funds were provided. Funds so transferred shall be spent by the Commission for the purposes for which the transfer was made or for general administrative expenses until such time as an appropriation is made available to the Commission. ACTS AMENDED SEC. 11. Subsection 107(a) of the Federal Executive Pay Act of 1956 is amended by adding the following after clause (22): "(23) Director of the Antarctic Commission." SEC. 12. Section 505 of the Classification Act of 1949, as amended (70 Stat. 762; 5 U.S.C. 1105), is amended by adding the following subsection: "(f) The Director of the Antarctic Commission is authorized, without regard to any other provision of this section, to place a total of seven positions in the Antarctic Commission in grades 16, 17, and 18 of the General Schedule. Such positions shall be in addition to the number of positions authorized to be placed in such grades by subsection (b).” Mr. ASPINALL. We have received reports from the following departments and agencies: From the Department of State, the report is unfavorable. From the Department of Commerce, the report is unfavorable. From CIA, there is no comment. From the National Academy of Sciences, they comment. |