Remembering the Space Age. - Black Vault Radio Network (BVRN)

68 reMeMBerING the SpaCe aGe
Still, the basic structure of the aeC was to provide a perceived “obvious model”
for creating an aerospace agency.
§205 of the National aeronautics and Space act provided engagement
in “a program of international cooperation . . . and in the peaceful application
of the results thereof.” the Senate Special Committee had noted in a report
entitled Reasons for Confusion over Outer Space Legislation and how to Dispel it that
“the main reason why we must have a civilian agency in the outer space feld
is because of the necessity of negotiating with other nations and the United
Nations from some non-military posture.” 37
the act specifcally authorized the administrator to grant access to NaSa
employees to aeC restricted data. this violated long-standing aeC policy,
which based access on aeC classifed status. Strauss thus raised the concern that
the act would allow the president to “disseminate restricted Data to foreign
governments . . . We think that an extension of this existing authority to the
proposed agency would be undesirable and unworkable.” 38 In his testimony
before the Senate Special Committee, Strauss stressed his preference for limiting
international agreements at the outset, and noted that “the history of these new
agencies, if the atomic energy Commission is a prototype, has been that, in
the course of time, the basic law is amended by spelling out in greater detail
the extent to which cooperation with other nations may be carried on.” 39 the
strong ties to the aeC are evident.
the issue of intellectual property centered on the allocation of patents. the
house bill patterned itself on the atomic energy act, giving the government
exclusive ownership of any intellectual property arrived at due to NaSa-related
work. the american patent Law association lobbied against such a provision,
for the obvious reason that long-term profts from owning patents was a prime
incentive for frms bidding on contracts. 40 In a letter to William F. Finan, hans
adler (both were in the Bureau of the Budget) wrote in reference to the patent
provision in h.r. 12575 (the bill that became the National aeronautics and
Space act): “this provision is also based on the atomic energy act. however,
we doubt that the atomic energy act should serve as the proper precedent,
since inventions in the atomic area have peculiar defense and secrecy aspects
37. Senate Special Committee on Space and astronautics report, “reasons for Confusion over
Outer Space Legislation and how to Dispel it” May 11, 1958, folder 012389, NaSa historical
reference Collection, NaSa headquarters,Washington, DC.
38. Letter, Lewis Strauss, General Manager of aeC, to Maurice Stans, Director Bureau of the Budget.
March 31, 1958, folder 012405, NaSa historical reference Collection, NaSa headquarters,
Washington, DC.
39. hearings Before the Special Committee on Space and astronautics, United States Senate, 85th
Congress, 2nd session, p. 50.
40. richard hirsch and Joseph John trento, The National Aeronautics and Space Administration (New
York: praeger publishers, 1973), p. 26.