NATIONAL AERONAUTICS AND SPACE ACT OF 1958

TUESDAY, MAY 6, 1958

UNITED STATES SENATE,

SPECIAL COMMITTEE ON SPACE AND ASTRONAUTICS,

Washington, D. C. The special committee met, pursuant to call, at 10:30 a. m., in room 457, Senate Office Building, Senator Lyndon B. Johnson (chairman) presiding.

Present: Senators Lyndon B. Johnson (chairman), Green, McClellan, Anderson, Symington, Bridges, Wiley, Hickenlooper, Saltonstall and Bricker.

Also present: Edwin L. Weisl, consulting counsel; Eilene Galloway, special consultant; Dr. Glen P. Wilson, technical coordinator; Gerald W. Siegel, Stuart French, and Solis Horwitz, professional staff members.

Senator JOHNSON. Will the committee please come to order.

I am informed that we do not have microphones for the audience and therefore it is necessary that those of us at the table speak louder than usual if we expect those in the hearing room to follow us.

First of all, two of our most outstanding members are in a leadership conference at the White House this morning and will be delayed.

In view of the fact that General Doolittle's time is limited and he expects to leave for Europe after he completes his testimony here, we thought we should go ahead as scheduled.

I should like to ask the members of the staff who have worked on this hearing to please stand as I present them so that all of the members of the committee may know them.

Mr. Edwin Weisl, please stand.

Mr. Solis Horwitz and Mr. Gerald Siegel; Dr. Glen Wilson and Mrs. Eilene Galloway.

(Those named arose momentarily.)

We have a number of other staff members who have worked with us but who are not here this morning, and we are very grateful for the outstanding service they have performed.

We are here today to begin consideration of a bill which will create a Federal agency with the specific responsibility of guiding the Nation in the exploration of outer space. It will be printed in the record at this point.

[S. 3609, 85th Cong., 2d sess.]

A BILL to provide for research into problems of flight within and outside the earth's atmosphere, 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 "National Aeronautics and Space Act of 1958."

DECLARATION OF POLICY

SEC. 2. The Congress hereby declares that the general welfare and security of the United States require that adequate provision be made for research into, and

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the solution of, problems of flight within and outside the earth's atmosphere and that provisions also be made for the development, testing, and operation for research purposes of aircraft, missiles, satellites, and other space vehicles, manned and unmanned, together with associated equipment and devices. The Congress further declares that such activities should be directed by a civilian agency exercising control over aeronautical and space research sponsored by the United States, except insofar as such activities may be peculiar to or primarily associated with weapons systems or military operations, in which case the agency may act in cooperation with, or on behalf of, the Department of Defense. These activities should be conducted so as to contribute materially to one or more of the following policy objectives: (1) the expansion of human knowledge of phenomena in the atmosphere and space, (2) the improvement of the usefulness, performance, safety, and efficiency of aircraft, (3) the development and operation of vehicles capable of carrying instruments, equipment, and living organisms through space, (4) the preservation of the role of the United States as a leader in aeronautical and space science and technology, (5) the making available to agencies directly concerned with national defense of discoveries that have military value or significance, (6) cooperation by the United States with other nations and groups of nations in work done pursuant to this Act and in the peaceful application of the results thereof, and (7) the most effective utilization of the scientific and engineering resources of the United States and the avoidance of duplication of facilities and equipment.

NATIONAL AERONAUTICS AND SPACE AGENCY

SEC. 3. There is hereby established the National Aeronautics and Space Agency, hereinafter called the "Agency". The Agency shall be headed by a Director, who shall be appointed by the President by and with the advice and consent of the Senate, shall receive compensation at the rate of $22,500 per annum, and, except as otherwise provided in this Act, shall exercise the functions of the Agency. The Director may from time to time make such provisions as he may deem appropriate authorizing the performance by any officer, employee, or administrative unit under his jurisdiction of any of his functions under this Act.

NATIONAL AERONAUTICS AND SPACE BOARD

SEC. 4. (a) There is hereby established the National Aeronautics and Space Board, hereinafter called the "Board", which shall be composed of not to exceed seventeen members appointed by the President.

(1) No more than eight of the members of the Board shall be designated from appropriate departments or agencies of the Government of the United States, including at least one who shall be from the Department of Defense.

(2) Members of the Board other than those appointed under subsection (a) (1) of this section shall be eminent in science, engineering, technology, education, or public affairs and shall be selected solely on the basis of established records of distinguished achievement, and shall be appointed for terms of four years from the date of expiration of the terms of the members whom they succeed, except that in making initial appointments of such members the President may make appointments for such shorter terms as he deems appropriate.

(b) The Chairman of the Board shall be designated from time to time by the President from among the members appointed under subsection (a) (2) of this section. Such members shall be paid travel expenses and per diem in accordance with the provisions relating to persons serving without compensation under section 5 of the Administrative Expenses Act of 1946, as amended (5 U. S. C. 73 b-2).

FUNCTIONS OF THE BOARD

SEC. 5. (a) The Board shall meet at least four times each year and shall advise the President and the Director concerning policies and programs of the Agency. The Board shall make an annual report and from time to time such other reports to the President as it deems appropriate.

(b) The Board may make recommendations to the President with respect to the appointment of the Director, and the Director shall not be appointed until the Board shall have had a reasonable opportunity to make such recommendatious. (c) The Board shall be consulted by the Director prior to

(1) initiation or substantial modification of policies or programs of the Agency;

(2) transmittal of any request for appropriations to the Bureau of the Budget pursuant to the Budget and Accounting Act, 1921, as amended (31 U. S. C, 1 et seq.);

(3) establishment of major constituent organizational units of the Agency, and the assignment of major functions or groups of functions thereto; and (4) appointment by the Director of the heads of major constituent units.

FUNCTIONS OF THE AGENCY

SEC. 6. (a) The Agency shall—

(1) develop a comprehensive program of research in the aeronautical and space sciences:

(2) plan, direct, and conduct scientific studies and investigations of the problems of manned or unmanned flight within or outside the earth's atmosphere with a view to their practical solution;

(3) develop, test, launch, and operate aeronautical and space vehicles; (4) arrange for participation by the scientific community in planning scientific measurements and observations to be made through use of aeronautical and space vehicles, and conduct or arrange for the conduct of such measurements and observations; and provide as appropriate for dissemination of data collected; and

(5) submit to the President for transmittal to the Congress an annual report of operations and accomplishments.

(b) In performance of the above functions the Agency is authorized

(1) to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of its operations and the exercise of the powers vested in it by law;

(2) subject to the civil service laws, to select, appoint, employ, and, subject to such regulations as the President may prescribe and without regard to the Classification Act of 1949, as amended (5 U. S. C. 1072 et seq.), and the Federal Employees Pay Act of 1945, as amended (5 U. S. C. 901 et seq.) fix and adjust, as nearly as consistent with the public interest and on the basis of equal pay for equal work at rates which are reasonably comparable with prevailing rates paid by non-Federal employers for similar work, compensation of such officers and employees as may be necessary to carry out the provisions of this Act;

(3) to acquire, construct, improve, repair, operate, and maintain laboratories, research and testing sites and facilities, manned and unmanned aeronautical and space vehicles, quarters and related accommodations for employees and dependents of employees of the Agency, and such other real and personal property, or any interest therein, as the Agency deems necessary within and outside the continental United States; to lease to others such real and personal property; to sell and otherwise dispose of real and personal property in accordance with the provisions of the Federal Property and Administrative Services Act of 1949, as amended (40 U. S. C. 471 et seq.); and to provide by contract or otherwise for cafeterias at its installations and to purchase and maintain equipment therefor; the receipts therefrom shall be deposited to a special fund in the Treasury which shall remain available for obligation and expenditure in connection with such operations and purchase and maintenance of equipment;

(4) to accept gifts or donations of services, money, or property, real, personal, or mixed, tangible or intangible, and to make grants to further the authorized purposes of the Act;

(5) without regard to section 3648 of the Revised Statutes, as amended (31 U. S. C. 529), to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of its work and on such terms as it may deem appropriate, with any agency or instrumentality of the United States, or with any State, Territory, or possession, or with any political subdivision thereof, or with any person, firm, association, corporation, or educational institution;

(6) to use, with their consent, the services, equipment, personnel, and facilities of Federal and other agencies with or without reimbursement and on a similar basis to cooperate with other public and private agencies and instrumentalities in the use of the services, equipment, and facilities of the Agency. In addition to authority to use provided by this subsection and, notwithstanding any other provision of law, any governmental agency or component thereof is authorized to transfer to the Agency, without reimbursement, supplies, equipment, aircraft, missiles, space vehicles, and related parts other than administrative supplies or equipment;

(7) to appoint such advisory committees as may be appropriate for purposes of consultation and advice to the Agency in performance of its functions;

(8) to obtain services as authorized by section 15 of the Act of August 2, 1946 (5 U. S. C. 55a) at rates not to exceed $100 per diem;

(9) when determined by the Director to be necessary and subject to such security investigations as he may determine to be appropriate, to employ aliens without regard to statutory provisions prohibiting payment of compensation to aliens;

(10) to employ and compensate retired commissioned officers of the United States at the rate established for the positions so occupied by them within the Agency, less the amount of their retired pay: Provided, That, when the retired pay amounts to or exceeds the rate of compensation established for the position occupied, such person shall be entitled to the pay of the Agency position, or the retired pay, whichever he may elect;

(11) with the approval of the President, to enter into cooperative agreements under which members of the Army, Navy, Air Force, and Marine Corps may be detailed by the appropriate Secretary for services in performance of functions under this Act to the same extent to which they might be lawfully assigned in the Department of Defense;

(12) to the extent the Director finds it will contribute to achievement of the objectives of this Act or to the more effective functioning of the Agency, to conduct or provide training and to assign employees to research, study, or training at Federal or non-Federal facilities, including public or private agencies, institutions of learning, laboratories, industrial or commercial organizations or other appropriate organizations or institutions, foreign or domestic, and, if the Director deems it appropriate, to pay in whole or in part, the following: The salaries of such employees for the periods of such training or assignments; the cost of their transportation and per diem in lieu of subsistence in accordance with the Travel Expenses Act of 1949, as amended (5 U. S. C. 834 et seq.); necessary expenses incident to their training or assignment, including tuition, fees, study materials, and other customary expenses. The Agency shall require any employee who accepts such a leave or assignment to agree in writing to return to and, unless involuntarily separated therefrom. to remain in the service of the Agency for a period equal to three times the length of any time off with pay granted such employee without charge to annual leave for the purpose of such training or assignment. Any employee who fails to fulfill such agreement shall be required to reimburse the Government for whatever portion the Director determines to be equitable of the transportation, per diem in lieu of subsistence, and other expenses incident to such training or assignment paid by the Government. To the extent authorized by the Director, contributions may be made by private sources and accepted by employees receiving training in non-Federal facilities without regard to the provisions of section 1914 of Title 18 of the United States Code;

(13) to authorize employees to attend meetings concerned with functions or activities of the Agency including improved conduct, supervision, or management of such functions or activities, and to pay the whole or any part of the expenses of such attendance;

(14) (a) to consider, ascertain, adjust, determine, settle, and pay, on behalf of the United States, any claim for money damage of $5,000 or less against the United States for bodily injury, death, or damage to or loss of real or personal property resulting from the conduct of the Agency's functions as specified in subsections 6 (a) (2), (3), and (4), where such claim is presented to the agency in writing within two years after the accident or incident out of which the claim arises;

(b) If the Agency considers that a claim in excess of $5,000 is meritorious and would otherwise be covered by this subsection it may pay the claimant $5,000 and report the excess to Congress for its consideration;

(c) except as provided in (b) of this subsection, no claim may be paid under this section unless the amount tendered is accepted by the claimant in full satisfaction;

(15) to arrange with the Civil Service Commission for the conduct of appropriate security or other personnel investigations of employees of the Agency, contractors and subcontractors, and their employees, as the Director deems necessary in the conduct of official functions of the Agency: Provided, That in the event an investigation made under this authority develops any data reflecting that the individual who is subject of the investigation is of

questionable loyalty, the matter shall be referred to the Federal Bureau of Investigation for the conduct of a full field investigation, the results of which will be furnished to the Agency;

(16) to direct such of its officers and employees as it deems necessary in the public interest to carry firearms while in the conduct of their official duties. The Agency may also authorize such of those employees of its contractors engaged in the protection of property owned by the United States and located at facilities owned by or contracted to the United States, as it deems necessary in the public interest, to cairy firearms while in the conduct of their official duties.

SECURITY

SEC. 7. (a) The Atomic Energy Commission may authorize any of its employees, or employees of any contractor, prospective contractor, licensee, or prospective licensee of the Atomic Energy Commission or any other person authorized access to Restricted Data by the Atomic Energy Commission under subsection 145 b. of the Atomic Energy Act of 1954, as amended (42 U. S. C. 2163), to permit any member of the Board or an advisory committee, or any officer, employee, contractor, or employee of a contractor of the Agency to have access to Restricted Data required in the performance of his duties and so certified by the Director: Provided, however, That the Director or his designee has determined, in accordance with the established personnel security procedures and standards of the Agency, that permitting the member of the Board or an advisory committee, or employee, contractor, or employee of a contractor to have access to such Restricted Data will not endanger the common defense and security: And provided further, That the Director finds that the established personnel and other security procedures and standards of the Agency are adequate and in reasonable conformity to the standards established by the Atomic Energy Commission under section 145 of the Atomic Energy Act of 1954, as amended (42 U.S. C. 2165).

(b) Whoever willfully shall violate, attempt to violate, or conspire to violate any regulation or order as shall be promulgated by the Director for the protection or security of any laboratory, station, base or other facility, or part thereof, or any aircraft, missile, spacecraft or similar vehicle existing, or later conceived, or part thereof, or other property or equipment in the custody of the Agency shall be guilty of a misdemeanor and upon conviction thereof shall be liable to a fine of not to exceed $5,000, or to imprisonment of not more than one year, or both, except that whoever commits such an offense with intent to injure the United States or with intent to secure an advantage to any foreign nation, shall, upon conviction thereof be punished by a fine of not more than $20,000 or by imprisonment for not more than twenty years or both.

(c) Section 1114 of title 18, United States Code, is hereby amended by striking out "or any officer or employee of the Indian field service of the United States,' and inserting in lieu thereof "any officer or employee of the Indian field service of the United States, or any officer or employee of the National Aeronautics and Space Agency directed to guard and protect property of the United States under administration and control of the National Aeronautics and Space Agency,”.

TRANSFER OF RELATED FUNCTIONS

SEC. 8. For a period of three years after the effective date of this Act the Agency, with the concurrence of the head of the department or agency concerned and with the approval of the President, may transfer to itself any functions (including powers, duties, activities, facilities, and parts or functions) of such department or agency or of any officer or organizational entity thereof which relate primarily to the functions of the Agency as set forth in section 6 hereof. In connection with any such transfer the President may, under authority of this section or under other applicable authority, provide for appropriate transfers of records, property, civilian personnel, and funds.

APPROPRIATIONS

SEC. 9. (a) There are hereby authorized to be appropriated without fiscal year limitation such sums as may be necessary and appropriate for the carrying out of the provisions and purposes of this Act.

(b) Any funds appropriated for the construction of facilities may be used for emergency repairs of existing facilities when such existing facilities are made