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1959 JAG J. 16 (1959)
National Coordination for Space Exploration - The National Aeronautics and Space Act of 1958

handle is hein.journals/naval1959 and id is 18 raw text is: NATIONAL COORDINATION FOR SPACE EXPLORATION The National Aeronautics and Space Act of 1958 By PAUL G. DEMBLING* ASSISTANT GENERAL COUNSEL for the NATIONAL AERONAUTICS AND SPACE ADMINISTRATION T HE AGE OF outer space has begun. It is just a matter of time until manned flights to the moon and planets will be made. The science fiction of space exploration will become as real as Jules Verne's famous submarine, the Nautilus. In the perspective of history, the enactment of the National Aeronautics and Space Act I will probably be considered the most important legislative event of 1958. The Space Act signals a new field of lawmaking. With the enactment of this Act, the United States is launched on a tremendous program of aero- nautical and space activities in the interests of general welfare and security. The National Aeronautics and Space Act of 1958 creates a civilian agency with broad powers to plan and coordinate the efforts of this nation in matters relating to aeronautical and space activities. The Act establishes the basic national policy and the organization to imple- ment this policy. Under this law, exploration of space is a Government program.2 In declar- ing the policy and purposes of the Act, the Con- gress stated that activities in space should be devoted to peaceful purposes for the benefit of all mankind and that the general welfare and *Mr. Paul G. Dembling is Assistant General Counsel, National Aeronautics and Spars Administration. In 1958 when he was the General Counsel for the National Advisory Committee for Aero- nautics. he was one of the principle drafters of the Bill establishing the NASA. as sent to Congreos. Mr. Dembling received his A. B. afid M. A. from Rutgers University and his J. D. from the George Washington Univeraity Law SchooL He is a member of the District of Columbia Bar. 1. The National Aeronautics and Space Act of 1958. 72 Stat. 426. Pub. Law 568, 85th Cong. (hereinafter referred to as the Space Act). 2. The Federal Government's first exploration financing was a $2,500 appropriation, in 1803, for Lewis and Clark to go into the the Louisiana Purchase lands. S. See afso H. Con. Res. 332, 85th Cong. The Resolution expresses the sense of the Congress that the United States should, through international agreement or other appropriate means, seek to ban the use of outer space for military purposes, and provide for Joint exploration of outer space, and establish methods to settle disputes which may arise. President Eisenhower, on January 12, 1958, in a JAG JOURNAL security of the nation require that adequate pro- vision be made for aeronautical and space ac- tivities.4 These activities are made the respon- sibility of and are to be directed by a civilian agency, except that activities peculiar to or primarily associated with the development of weapons systems, military operations, or the defense of the United States (including the re- search and development necessary to make ef- fective provision for the defense of the United States) shall be the responsibility of, and shall be directed by the Department of Defense. . . 5 The purposes for which the aeronautical and space activities are to be conducted by the United States include (1) the expansion of human knowledge of phenomena in the atmos- phere and space, (2) the development, opera- tion, and improvement of aeronautical and space vehicles, (3) the determination of the peaceful and scientific benefits to be obtained from aero- nautical and space activities, (4) the preserva- tion of this nation as a leader in aeronautical and space science and technology, (5) coopera- tion with other nations in this work and in the peaceful application of the results, and (6) the most effective utilization of the scientific and engineering resources of the nation.6 CIVILIAN OR MILITARY CONTROL THE QUESTION OF whether programs or projects were civilian or military arose time and time again during the hearings before the House letter to Nikolai Bulganin, stated: I propose that we agree that outer space should he used only for peaceful purposes. 4. Sec. 103 (1) of the Act defines aeronautical and space activi- ties as (A) research into, and the solution of, problems of flight within and outside the earth's atmosphere. (B) the development, construction, testing, and operation for research purposes of aeronautical and space vehicles, and (C) such other activities as may be required for the exploration of space. I. Supra, Space Act, Sec. 102 (b), d. 6. Ibid., See. 102 (c).

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