This information is from Documentation, Approval, and Dissemination of NASA Scientific and Technical Information (NPR 2200.2). For more information, see the current version of this handbook.
ITAR regulations implement the Arms Export Control Act, and contain the United States Munitions List (USML). The USML lists articles, services, and related technical data that are designated as "Defense Articles" and "Defense Services," pursuant to Sections 38 and 47(7) of the Arms Export Control Act. The ITAR is administered by the U.S. Department of State. "Technical Data" as defined in the ITAR does not include information concerning general scientific, mathematical, or engineering principles commonly taught in schools, colleges, and universities or information in the public domain (as that term is defined in 22 CFR 120.11). It also does not include basic marketing information on function and purpose or general system descriptions. For purposes of the ITAR, the following definitions apply.
"Technical Data" as defined in the ITAR does not include information concerning general, scientific, mathematical, or engineering principles commonly taught in schools, colleges, and universities or information in the public domain (as that term is defined in 22 CFR 120.11). It also does not include basic marketing information on function and purpose or general system descriptions.
If NASA Scientific and Technical Information (STI) contains "Technical Data" or "Defense Articles" as defined above, it is restricted by ITAR and all copies must bear the "ITAR Notice" shown in Exhibit 4-1 in NPR 2200.2. Release or distribution of the same information by NASA contractors is subject to the same notice.
EAR regulations implement the Export Administration Act and contain the Commerce Control List (CCL). The CCL lists commodities, technology, and software subject to the export control authority of the U.S. Department of Commerce. The items on this list are export controlled for reasons of national security, foreign policy, proliferation, and/or short supply. These regulations are administered by the U.S. Department of Commerce. Information subject to EAR export restrictions includes that specific "Technology" identified in the CCL (15 CFR 774).
If NASA STI contains "Technology" controlled by EAR, all copies must bear the "EAR Notice" shown in Exhibit 4-2 in NPR 2200.2. Release or distribution of the same information by NASA contractors is subject to the same notice.
Confidential commercial documents are those containing trade secrets and SBIR documents.
A "trade secret" is information (1) that is used in a business, (2) that is secret, and (3) that gives a competitive advantage to the person with knowledge of it. Trade secrets include confidential commercial information.
If NASA STI is restricted due to trade secrets or confidential commercial information, all distributed copies must contain the marking or legend supplied by the originator of the trade secret or confidential commercial information and, if applicable, one of the document limitations listed below along with the appropriate expiration. Copying and dissemination of such marked information must be consistent with such markings or legends and any applicable document limitations. Any questions regarding the appropriate marking or legend and any applicable document limitations to apply to such information and to whom such information may be distributed should be referred to the NASA Headquarters or Chief Intellectual Property or Patent Counsel.
Small Business Innovation Research (SBIR) program reports may be publicly available immediately if a letter of permission from the contractor is on file, or must be restricted per the SBIR agreement, usually for 4 years.
SBIR program documents must bear the "SBIR Rights Notice" shown in Exhibit 4-4 of NPR 2200.2 and one of the document limitations listed in in NPR 2200.2, along with the appropriate expiration. Copying and disseminating of such documents must be done in conformance with this notice.
Contracts, grants, and cooperative arrangements often permit the contractor, grantee, or recipient to assert copyright in reports and other publications first produced in the performance of the specified activity. Ordinarily, the Government receives a license to publicly distribute these documents for governmental purposes. Public distribution of the results of work funded by the Government is a governmental purpose. The cognizant program or project office provides written notification to the responsible NASA Lead Center or Center Publications Office of instances in which documents containing a copyright notice are provided without a license authorizing public distribution. Documents produced by Government employees in the performance of official duties are not subject to copyright protection in the United States.
If NASA STI is restricted due to copyrighted content, all distributed copies must bear the "Notice for Copyrighted Information" shown in Exhibit 4-5 of NPR 2200.2. Release or distribution of the same information by NASA contractors is subject to the same notice.
If NASA STI is restricted due to restricted Web content, all distributed copies
must bear the “Notice for NASA Web Guidelines” shown in Exhibit
4-6 of NPR 2200.2.
All NASA STI not meeting any of the criteria for distribution limitation described herein will be considered approved for public release. Information approved for public release will be made available through the NASA CASI, the National Technical Information Service, the Federal Depository Library Program, and any and all other pertinent distribution channels, in keeping with the policy set forth in OMB Circular A-130.
Under 35 U.S.C. 205 and implementing regulations, agencies are to withhold from release to the public documents that contain information about an invention in which the Government owns or may own a right, title, or interest (including a nonexclusive license). This applies to inventions made and reported by NASA employees and inventions made and reported by NASA contractors and grantees. Release is delayed in order for a patent application to be filed.
The party making and disclosing or reporting the invention is responsible for notifying the Agency as to the nature of the information and the invention to which it relates. In the case of reports submitted under contract or grant, notification should be made to the Contracting Officer or Grant Officer, the designated Patent Representative, and the STI Manager. In the case of NASA-prepared documents, notification should be made to the Project Officer, the Center Patent or Intellectual Property Counsel, and the STI Manager.
All documents disclosing an invention (except security classified documents disclosing an invention) for which notification has been made must be withheld by the originating office, with notice to the NASA Lead Center or Center Technical Publications Manager until the patent applications process is complete, regardless of availability category and any Blanket Availability Authorization that may have been granted. Such withholding does not require NASA Program Office approval.
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Responsible NASA Official: Sue.E.Butts@nasa.gov,
Glenn Technical Publications Manager
Web page curator: Caroline.A.Rist@nasa.gov
(RSIS, Inc.)
Last updated: December, 2006