A Case Study in NASA-DoD - The Black Vault

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It is possible that the bill under consideration could
be interpreted so as to restrict unduly the activities
of the Department of Defense in the astronautics and
space field. It is frequently difficult to determine
as we embark on so vast and unknown an enterprise as
space exploration just what facets of this exploration
will have application to weapons systems and military
operation. I do not believe it to be the intent of
the administration or of the Congress to prohibit research
in this area by the agencies of the DoD.(15)
The legislative line should not be drawn too sharply
between what the DoD and its agencies can do and what
they cannot do in the field of space development.
That is a matter which ought, in my opinion, to be
dealt with administratively between the DoD and the
NASA. It should also be clearly emphasized that the
NASA, like the Atomic Energy Commission, is a part of
the Executive Branch. It is imperative that the character
of the NACA, an executive agent of which the
NASA will be the successor, should be preserved. If
the U.S. is to cope with the fast-changing conditions,
and kaleidoscopic developments in the field of space,
full discretion in the planning and operations of such
an important agency should be left to the President.(1 5 )
After all of the effort in attempting to clarify this jurisdictional
problem, the Space Act declares that the policy of the United States is
"... that activities in space should be devoted to peaceful purposes
for the benefit of all mankind...," and sets forth the jurisdictions
of NASA and the DoD as follows:
The Congress declares that the general welfare and
security of the United States require that adequate
provision be made for aeronautical and space activities.
The Congress further declares that such activities
shall be the responsibility of, and shall be directed
by, a civilian agency exercising control over
aeronautical and space activities sponsored by the
United States, except that activities peculiar to or
primarily associated with the development of weapon
systems, military operations, or the defense of the
United States (including the research and development
necessary to make effective provision for the defense
of the United States) shall be the responsibility of,
and shall be directed by, the Department of Defense;