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February 7, 1958
NUMBER 5105.15

DEPARTMENT OF DEFENSE DIRECTIVE

SUBJECT: Department of Defense Advanced Research Projects Agency

I. PURPOSE

The purpose of this directive is to provide within the Department of Defense an agency for the direction and performance of certain advanced research and development projects.

A. Establishment

II. RESPONSIBILITY AND AUTHORITY

In accordance with the provisions of the National Security Act of 1947, as amended, and Reorganization Plan No. 6 of 1953, there is established in the Office of the Secretary of Defense the Department of Defense Advanced Research Projects Agency. The Agency will be under the direction of the Director of Advanced Research Projects.

B. Responsibility

The Agency shall be responsible for the direction or performance of such advanced projects in the field of research and development as the Secretary of Defense shall, from time to time, designate by individual project or by category.

C. Authority

Subject to the direction and control of the Director:

1. The Agency is authorized to direct such research and development projects being performed within the Department of Defense as the Secretary of Defense may designate.

2. The Agency is authorized to arrange for the performance of reesarch and development work by other agencies of Government, including the military departments, as may be necessary to accomplish its mission in relation to projects assigned.

3. The Agency is authorized to enter into contracts and agreements with individuals, private business entities, educational, research or scientific institutions including Federal or State institutions.

4. The Agency is authorized to acquire or construct such research, development and test facilities and equipment as may be approved by the Secretary of Defense, in accordance with applicable statutes. However, existing facilities of the Department of Defense shall be utilized to the maximum extent practicable.

III. ORGANIZATION

A. The Director of Advanced Research Projects shall report to the Secretary of Defense.

B. The Department of Defense Advanced Research Projects Agency shall be provided such personnel and administrative support as may be approved by the Secretary of Defense.

C. Other officers and agencies of the Office of the Secretary of Defense within their respective areas of responsibility shall provide support to the Director of the Advanced Research Projects Agency as may be necessary for him to carry out his assigned functions.

IV. EFFECTIVE DATE

This directive is effective immediately.

/S/ NEIL MCELROY.

Public Law 85-322

85th Congress, H. R. 10146

February 11, 1958

AN ACT

Making supplemental appropriations for the Department of Defense for the fiscal year ending June 30, 1958, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1958, for military functions administered by the Department of Defense, and for other purposes, namely:

TITLE I

OFFICE OF THE SECRETARY OF DEFENSE

SALARIES AND EXPENSES

The Secretary of Defense is authorized to transfer not exceeding $10,000,000, to remain available until expended, from any appropriation available to the Department of Defense for the current fiscal year for such advanced research projects as he may designate and determine: Provided, That such amounts as may be determined by the Secretary of Defense to have been made available for related programs in other appropriations available to the Department of Defense during the current fiscal year may be transferred to and merged with this appropriation to be available for the same purposes and time period: Provided further, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to carry out the purposes of advanced research to those appropriations for military functions under the Department of Defense which are being utilized for related programs to be merged with and to be available for the same time period as the appropriation to which transferred.

*

SEC. 602. This Act may be cited as the "Supplemental Defense Appropriation Act, 1958".

Approved February 11, 1958.

Public Law 85-325

85th Congress, H.R. 9739

February 12, 1958

AN ACT

To authorize the Secretary of the Air Force to establish and develop certain installations for the national security, and to confer certain authority on the Secretary of Defense, and for other purposes.

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SEC. 7. The Secretary of Defense or his designee is authorized to engage in such advanced projects essential to the Defense Department's responsibilities in the field of basic and applied research and development which pertain to weapons systems and military requirements as the Secretary of Defense may determine after consultation with the Joint Chiefs of Staff; and for a period of one year from the effective date of this Act, the Secretary of Defense or his designee is further authorized to engage in such advanced space projects as may be designated by the President.

Nothing in this provision of law shall preclude the Secretary of Defense from assigning to the military departments the duty of engaging in research and development of weapons systems necessary to fulfill the combatant functions assigned by law to such military departments.

The Secretary or his designee is authorized to perform assigned research and development projects: by contract with private business entities, educational or research institutions, or other agencies of the Government, through one or more of the military departments, or by utilizing employees and consultants of the Department of Defense.

The Secretary of Defense shall assign any weapons systems developed to such military department or departments for production and operational control as he may determine.

Approved February 12, 1958.

Public Law 85-599

85th Congress, H.R. 12541

August 6, 1958

AN ACT

To promote the national defense by providing for reorganization of the Department of Defense, and for other purposes.

ESTABLISHING THE DIRECTOR OF DEFENSE RESEARCH AND ENGINEERING

SEC. 9. (a) Section 203 of the National Security Act of 1947, as amended, is amended by redesignating subsections “(b)” and “(c)" as subsections "(c)" and "(d)", respectively, and by inserting a new subsection "(b)" as follows:

"(b) (1) There shall be a Director of Defense Research and Engineering who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate, who shall take precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force. The Director performs such duties with respect to research and engineering as the Secretary of Defense may prescribe, including, but not limited to, the following: (i) to be the principal adviser to the Secretary of Defense on scientific and technical matters; (ii) to supervise all research and engineering activities in the Department of Defense; and (iii) to direct and control (including their assignment or reassignment) research and engineering activities that the Secretary of Defense deems to require centralized management. The compensation of the Director is that prescribed by law for the Secretaries of the military departments. "(2) The Secretary of Defense or his designee, subject to the approval of the President, is authorized to engage in basic and applied research projects essential to the responsibilities of the Department of Defense in the field of basic and applied research and development which pertain to weapons systems and other military requirements. The Secretary or his designee, subject to the approval of the President, is authorized to perform assigned research and development projects: by contract with private business entities, educational or research institutions, or other agencies of the Government, through one or more of the military departments, or by utilizing employees and consultants of the Department of Defense.

"(3) There is authorized to be appropriated such sums as may be necessary for the purposes of paragraph (2) of this subsection.”

(b) Section 7 of Public Law 85-325, dated February 12, 1958, is amended to read as follows:

"SEC. 7. The Secretary of Defense or his designee is authorized to engage in such advanced projects essential to the Defense Department's responsibilities in the field of basic and applied research and development which pertains to weapons systems and military requirements as the Secretary of Defense may determine after consultation with the Joint Chiefs of Staff; and for a period of one year from the effective date of this Act, the Secretary of Defense or his designee is further authorized to engage in such advanced space projects as may be designated by the President.

"Nothing in this provision of law shall preclude the Secretary of Defense from assigning to the military departments the duty of engaging in research and development of weapons systems necessary to fulfill the combatant functions assigned by law to such military departments.

"The Secretary of Defense shall assign any weapons systems developed to such military department or departments for production and operational control as he may determine."

(c) Section 171(a) of title 10, United States Code, is amended by renumbering clauses "(6)”, “(7)”, “(8)”, and “(9)" as clauses "(7)", "(8)", "(9)”, and "(10))", respectively, and inserting the following new clause (6) after clause (5):

"(6) the Director of Defense Research and Engineering ;".

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Approved August 6, 1958.

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