testing of material and structural forms used in aircraft and It then stated: In view of the fact that the establishment of such a committee would be in the line of the best practice of European nations, all of which have made remarkable progress in aviation under the spirit of cooperation of governmental and private agencies and in view of the fact that at present there is no coordination of the agencies, resources, facilities, or activities of the Government in the development of aviation or with private enterprise, the committee recommends the enactment of the joint resolution as amended (p. 2). No further action was taken on House Joint Resolution 413. On March 3, 1915, however, Congressman Thomas S. Butler stated that the provisions of the resolution were covered in the naval appropriation bill, H.R. 20975, which had been passed by the House.92This bill is discussed below. 2. ACT OF MARCH 4, 1915, CREATING THE NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS a. H.R. 20975, reported January 16, 1915 (Mr. Padgett) H.R. 20975 in its original form contained an appropriation for aeronautics but no provision for an advisory committee. On February 22, 1915, however, it was reported from the Senate Committee on Naval Affairs with amendments.93 Among the amendments was one setting up an Advisory Committee for Aeronautics. The proposed membership of the Committee was almost identical to that provided in Senate Joint Resolution 229 (63d Cong.), but there were to be no more than 10 members and the 3 persons not holding specific positions were to be "acquainted with the needs of aeronautical science, either civil or military, or skilled in aeronautical engineering or its allied sciences." One of these members could be from the District of Columbia, while the others were to be from different States. The duties of the Committee were identical to those set forth in Senate Joint Resolution 229. b. Action taken on H.R. 20975, and enactment thereof On February 25, 1915, the Senate, acting as Committee of the Whole, approved the amendment establishing the Advisory Committee.94 On February 26, 1915, the Senate agreed to the amendments 92 52 Congressional Record, p. 5461. $3 63d Cong., 3d sess., Naval appropriation bill, Rept. 1021 to accompany H.R. 20975, Feb. 19, 1915. $4 52 Congressional Record, p. 4601. it had made as the Committee of the Whole and passed H.R. 20975 (p. 4713). The House of Representatives on February 27, 1915, agreed to sending H.R. 20975 to conference, as was desired by the Senate (p. 4869). On March 2, 1915, the bill was reported from conference committee.95 Amendment 10 established the Advisory Committee for Aeronautics. The membership agreed to by the Committee was identical to that provided for in the final act which read: An Advisory Committee for Aeronautics is hereby established, and the President is authorized to appoint not to exceed twelve members, to consist of two members from the War Department, from the office in charge of military aeronautics; two members from the Navy Department, from the office in charge of naval aeronautics; a representative each of the Smithsonian Institution, of the United States Weather Bureau, and of the United States Bureau of Standards; together with not more than five additional persons who shall be acquainted with the needs of aeronautical science, either civil or military, or skilled in aeronautical engineering or its allied sciences: Provided, That the members of the Advisory Committee for Aeronautics, as such, shall serve without compensation ** The remainder of amendment 10 was almost identical to Senate Joint Resolution 229 (63d Cong.) with only minor changes in wording. On March 2, 1915, the House held debate on the conference report, but there was no discussion of amendment 10. On the same day the conference report was approved by the House (p. 5216). On March 2, 1915, the conference committee recommendations were read to the Senate (pp. 5137-5138), and on March 3, 1915, after some debate, the Senate agreed to the conference report (p. 5251). President Wilson signed H.R. 20975 on March 4, 1915 (p. 5523), thus establishing what was later known as the National Advisory Committee for Aeronautics. C. DEVELOPMENT OF THE NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS 1. ORGANIZATION AND DUTIES After 1915 there were several changes in the membership of the Committee effected by amendments enacted March 2, 1929, June 23, 1938, May 25, 1948, August 8, 1950, and June 3, 1954. As of September 30, 1958, the membership section of the statute read: There is established a National Advisory Committee for Aeronautics * * to be composed of not more than seventeen members appointed by the President. Members shall serve as such without compensation, and shall include two representatives of the Department of the Air Force; two representatives of the Department of the Navy, from the office in charge of naval acronautics; two representatives of the Civil Aeronautics Authority; one representative of the Smithsonian Institution; one representative of the United #63d Cong., 3d sess. Naval appropriation bill. Conference report to accompany H.R. 20975 making appropriation for the naval service for the fiscal year ending June 30, 1916, and for other purposes (Mar. 2, 1915). States Weather Bureau; one representative of the National The term of membership for persons other than those representing Throughout the years the organization of the National Advisory Committee for Aeronautics grew, and at the time of its absorption into the National Aeronautics and Space Administration, the members appointed by the President were aided by four major committees: the Committee on Aircraft, Missile, and Spacecraft Aerodynamics, the Committee on Aircraft, Missile, and Spacecraft Propulsion, the Committee on Aircraft, Missile, and Spacecraft Construction, and the Committee on Aircraft Operating Problems. The membership of these committees resembled that of the central committee, in that they were composed of a cross section of persons from Government and from private research. Each committee had subcommittees, and here too the wide range of membership permitted coordination of NACA research with that of other agencies. In addition to these four technical committees, the NACA established an Industry Consulting Committee in 1945 and a Special Committee on Space Technology in January 1958.96 A small portion of the NACA's work was done under contract with research and educational institutions, but most of it was done on the NACA grounds and was governed by the needs of national defense. The NACA preserved a close working arrangement with many Government agencies, especially the armed services, in order to avoid duplication of research and to permit maximum use of its findings.97 For example, the NACA had some of its personnel working at the Atomic Energy Commission laboratories.98 The duties of the National Advisory Committee for Aeronautics were likewise enlarged. Under the act of May 25, 1948, it was authorized to direct and conduct research and experiment in aeronautics 2. PATENT POLICY In carrying out its duties, both on its own and under contracts with other institutions, the NACA had to face the problem of rights in inventions resulting from its research. It was subject to the pro U.S. National Advisory Committee for Aeronautics, Forty-Fourth Annual Report, 1958, pp. 83-93. Senate Committee on Armed Services. Report by Ralph E. Flanders on visit to the facilities of the National Advisory Committee for Aeronautics, pp. 1-3 (Apr. 8-13, 1955); U.S. President's Scientific Research Board, science and public policy, a report to the President by John R. Steelman, vol. 2, The Federal research program, pp. 256-261 (1947) Hearings on H.R. 2581 (H.R. 3761), before the Subcommittee on Real Estate and Military Construction of the Senate Committee on Armed Forces, 84th Cong., 1st sess., pp. 10, 18 (1955). The word "Lewis" was inserted by the act of Aug. 8, 1950. visions of Executive Order 10096 (1950).100 and each employee had to report all inventions he made to the Committee. (See Appendix A.) This contrasted with the earlier policy under which the title to inventions was left with the employees and the Government received royalty-free licenses. 101 The NACA's research contracts contained a clause that the Government would receive a royalty-free, nonexclusive, irrevocable license on any invention made by an employee under the contract.102 3. HISTORY AND ACHIEVEMENTS The growth in the Committee's facilities and operations paralleled the steady rise in importance of aviation, and the role of the NACA can best be seen through a brief summary of its history and achievements. Shortly after the foundation of the National Advisory Committee for Aeronautics in 1915, a survey was made of the existing aeronautical facilities. The results of the survey were not favorable, and the Committee decided to build its own laboratory at Langley Field, Va. By 1920, a 5-foot wind tunnel had been constructed at the field as well as an aerodynamical laboratory and an engine laboratory. During the 1920's and 1930's the National Advisory Committee for Aeronautics carried on much basic research, emphasizing the testing of airframes rather than engine development.103 With the coming of World War II, however, basic research largely gave way to work on specific wartime projects and to testing of military aircraft. The war also made imperative an enlargement of Committee facilities. In 1939, Congress authorized an expansion at Langley Field; in 1940 construction was begun on two new Committee laboratories. The Ames Aeronautical Laboratory at Moffett Field, Calif., was to deal with problems of aerodynamics, while the Flight Propulsion Research Laboratory in Cleveland was concerned with engine research, including the development of jet engines. In 1945, the operations of the Langley Laboratory were still further enlarged as the Pilotless Aircraft Research Station, established on Wallops Island, Va., began experimentation with guided missiles. During the war the NACA personnel staff increased from 523 in 1939 to 6,804 in 1945.104 On September 30, 1958, the National Advisory Committee for Aeronautics had a staff of 7,966 scientists and other personnel, and its laboratories and facilities reached a value of approximately $350 million measured in original cost.105 During fiscal year 1958 the NACA obligated $41 million for construction and equipment and $76 million for salaries and expenses. During the years following World War II, many aeronautical advances resulted from NACĂ research. On October 14, 1947, the research airplane Bell X-1 attained supersonic speed, and on November 20, 1953, the Douglas D-558-II flew twice as fast as the speed of sound. In 1950 a transonic wind tunnel went into operation at the 100 See discussion of Executive Order 10096, supra, at pp. 16-17, 10 U.S. Department of Justice, Investigation of Government Patent Practices and Policies: Report and Recommendations of the Attorney General to the President, vol. II, pp. 227-235 (1947). 12 U.S. National Aeronautics and Space Administration. Robert Schlaifer and S. D. Heron. Development of aircraft engines. Development of aviation fuels; two studies of relations between Government and business, p. 33 (Boston, Harvard University, 1950). 164 George W. Gray. Frontiers of Flight: the story of NACA research, pp. 9-33, 336. 15 U.S. National Aeronautics and Space Administration, First Semiannual Report, Oct. 1, 1958, through Mar. 31, 1959, p. 4. Langley Laboratory.106 Other postwar accomplishments of NACA aeronautical research were reported in a statement by Senator John C. Stennis on May 5, 1955.107 These included- Discovery of a method to increase the speed of the Navy's F9F series of fighter planes. Development of vertical takeoff and landing planes. Use of water skis on such airplanes as the Navy's Sea Dart. Development of afterburners which have been used on the F-84 Republic Thunderjet, F-86 North American Sabre, F-89 Northrup Scorpion, etc. Methods of conquering the problem of icing on airplanes. As of June 30, 1958, approximately half of the National Advisory Committee for Aeronautics' research was in the area of missiles and spacecraft. A "waffle grid" design was developed for space vehicles and missiles, and the NACA's blunt-nose design was used on all American ballistic missile warheads. The X-15 airplane, which will be used to gain information on weightlessness and other space travel problems, originated in NACA research.108 In conclusion, it may be said that the National Advisory Committee for Aeronautics played a significant and essential role in the development of American aviation. In 1955, Senator Flanders reported: "In the three fields of aerodynamics, powerplants, and aircraft structures, the NACA is the main source of aeronautical research information in this country.' " 109 It was in recognition of its important role that the National Advisory Committee for Aeronautics was made the nucleus of the National Aeronautics and Space Administration. VIII. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION A. BACKGROUND One of the most recent developments in the attempt to encourage research and development by the U.S. Government, was the establishment of the National Aeronautics and Space Administration. The launching of the first earth satellite, Sputnik I, by the Soviet Union on October 4, 1957, awakened the United States to the urgency of stepping up and coordinating its research in the exploration of outer space. Only hard work and intelligent planning, it was recognized, could overcome this lag in the years ahead. The Congress responded by holding interim hearings on the Nation's satellite and missile programs. From November 25, 1957, to January 23, 1958, the Preparedness Investigation Subcommittee of the Senate Committee on Armed Services heard approximately 70 experts and written testimony was submitted by about 200 others. On February 6, 1958, the Senate passed Senate Resolution 256, creating a Special Committee on Astronautical and Space Exploration to frame legislation for a national program. And on March 5, 1958, House Resolution 496 was passed by the House of Representatives, establishing a Select Committee on Astronautics and Space Exploration to investigate the problems and submit recommendations. 108 U.S. National Advisory Committee for Aeronautics, Forty-Fourth Annual Report, 1958, pp. 26, 94. 107 "Construction of Aeronautical Research Facilities." 101 Congressional Record, p. 5744. 108 U.S. National Advisory Committee for Aeronautics, Forty-Fourth Annual Report, 1958, p. 30. 109 Senate Committee on Armed Services. Report by Ralph E. Flanders on visit to the facilities of the National Advisory Committee for Aeronautics, p. 1 (1955). |