Subject: Foreign Access to NASA Technology Transfer Materials
Responsible Office: Innovative Partnership Program Office
1. POLICY
a. Purpose. The technology transfer activities sponsored by the NASA
Innovative Partnerships Program Office and subject to NPD 7500.2 are
intended to facilitate domestic utilization of NASA-developed
technologies by the public and private sectors of the U.S. economy.
Consequently, NASA generally does not provide NASA technology information
material to foreign entities. This policy directive establishes NASA's
approach to assessing and controlling the release of NASA-developed
technology to foreign entities.
b. General Principles. The following principles shall govern the process
defined in the implementation of Paragraphs c and d:
(1) Well defined process and procedures covering all appropriate aspects
of technology transfer activities;
(2) Documentation of that process in Center or facility policies and
guidelines;
(3) Development and identification of implementing organization; and
(4) Periodic review of the Center process for applicability and
performance.
c. General Inquiries. Inquiries from foreign organizations or
individuals concerning access to the philosophy, organization, procedures
and facilities/activities of the NASA Innovative Partnerships Program or
concerning NASA technology development products shall normally be
answered by the Center's Innovative Partnership Office. Center Innovative
Partnership Offices should keep accurate records of all foreign inquiries
and should consult with their Center counterintelligence officer whenever
they have a concern about the appropriateness or legitimacy of a request.
d. Requests for NASA-developed Technology. Normally, requests from
foreign organizations or individuals for NASA technology transfer
technical information (e.g., technical support packages) handled under
NASA's Innovative Partnerships Program will be denied. However, special
situations may arise (such as inquiries regarding public health and
safety or where special circumstances accrue economic benefit to the
U.S.) that lead to NASA cooperation with foreign organizations. Such
situations may be handled by the Center Innovative Partnership office,
which shall coordinate and consult with the Center counterintelligence
office and the Center export administrator prior to approval and
release. In cases where foreign inquiries relate to NASA-developed
technologies which are known to have been already transferred and/or
licensed, requests may be referred to the known U.S. user or licensee or
to other U.S. companies active in the field. In cases involving
cooperative international activities, NASA technology information can be
provided to foreign entities if necessary to fulfill a NASA
responsibility in an international agreement (e.g., government-to-
government, agency-to-agency). In such instances the transfer would be
in accordance with the terms of such agreement and the NASA Export
Control Program and would be effected/managed by the relevant Mission
Directorate program office(s), in consultation with the Headquarters or
Center Export Administrator. Additionally, foreign companies which
express a bona fide interest in obtaining a royalty-bearing license under
a NASA-owned patent or patent application may be furnished both the
standard published material and additional but non-export controlled
technical information to the extent necessary to negotiate and execute
such a license. The need for furnishing such material and additional
information will be established by the Office of the General Counsel,
NASA Headquarters, in consultation with the Office of External Relations.
e. Conformance with Export Control Requirements. All exports of NASA's
technology transfer material shall be handled in accordance with the NASA
Export Control Program (ECP), NPD 2190.1.
f. Recordkeeping. Each Center shall keep accurate records of all
requests for, and releases of, technology transfer materials and
immediately report any suspicious requests to their Center's
counterintelligence office.
g. Computer disposition. To prevent the inadvertent transfer of NASA
technology information, all computer hard drives to be excessed shall be
cleared of NASA technology information, before releasing this hardware to
the general public in accordance with procedures established in
NPR 2810.1, Security of Information Technology.
2. APPLICABILITY
This NPD is applicable to NASA Headquarters and NASA Centers, including
Component Facilities, and to any other entity to the extent specified in
an agreement or contract between NASA and the entity.
3. AUTHORITY
a. 42 U.S.C. 2457, Section 305 of the National Aeronautics and Space Act
of 1958 as amended.
b. 15 U.S.C. 3701 et seq., the Stevenson-Wydler Technology Innovation Act
of 1980 (Public Law 96-480), as amended by The Federal Technology
Transfer Act of 1986 (Public Law 99-502), and The National
Competitiveness Technology Transfer Act of 1989 (Public Law 101-189).
4. REFERENCES
a. NPD 2810.1, Security of Information Technology.
b. NPR 2810.1, Security of Information Technology.
c. NPD 2190.1A, NASA Export Control Program (ECP).
d. NPD 7500.2, NASA Technology Transfer Policy.
e. NPR 7500.1, NASA Technology Transfer Process.
f. NPD 7120.4, Program/Project Management.
g. NPR 7120.5, NASA Program and Project Management Processes and
Requirements.
5. RESPONSIBILITY
a. The Director, Innovative Partnerships Program, is responsible for the
administration of this NPD.
b. The Assistant Administrator for External Relations, or designee,
shares responsibility with the Director, Innovative Partnerships Program,
for the formulation of NASA policy governing foreign access to NASA
technology transfer material.
6. DELEGATION OF AUTHORITY
Authority is delegated to Center Directors to implement and integrate
this NPD into Center technology development activities and with export
control policies.
7. MEASUREMENTS
None.
8. CANCELLATION
NPD 2110.1E dated December 26, 2001
/s/ Michael D. Griffin Administrator
ATTACHMENT A: (TEXT)
None.
(URL for Graphic)
None.
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