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Exploring the Unknown - NASA's History Office

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EXPLORING THE UNKNOWN 569<br />

[10] A broader attempt to limit <strong>the</strong> wholesale dissemination of unclassified NASA technology<br />

was initiated in 1973 in response to two stimuli: (1) <strong>the</strong> suggestion in some congressional<br />

forums that NASA was a major conduit of technology to competitors of <strong>the</strong><br />

United States, and (2) <strong>the</strong> possibility that <strong>the</strong> supercritical wing, as a valuable US technology,<br />

may have been compromised by early open publication.<br />

The FEDD program was <strong>the</strong> result. 2 It provides for identifying certain technology as<br />

having possible early and significant commercial potential, <strong>the</strong>n marking any documentation<br />

on that technology For Early Domestic Dissemination. Efforts to benefit US industry<br />

and defer general availability to foreign industry <strong>the</strong>n could be implemented for <strong>the</strong><br />

technology so identified. The Departments of State and Commerce were consulted and<br />

endorsed <strong>the</strong> program as a desirable experiment.<br />

Similar controls on <strong>the</strong> COSMIC computer software distribution program were adopted<br />

recently. 3 These regulations call for <strong>the</strong> identification of computer programs by <strong>the</strong>ir<br />

potential commercial usefulness. Restrictions on distribution to foreign nationals are<br />

placed on <strong>the</strong> most critical software programs for a designated period of years. Less critical<br />

programs may be exchanged or sold.<br />

The transfer of NASA-generated technology is fur<strong>the</strong>r controlled in <strong>the</strong> context of<br />

international cooperative space programs. It is a general precondition of such programs<br />

that <strong>the</strong> foreign partner have <strong>the</strong> essential technological capability required to discharge<br />

<strong>the</strong> responsibilities which he undertakes in <strong>the</strong> cooperative agreement. Then, where<br />

appropriate, it is specified that in <strong>the</strong> event that <strong>the</strong> foreign partner discovers a need for<br />

technical assistance, NASA may refer that need to commercial sources in <strong>the</strong> US (where<br />

it becomes subject to export controls). NASA also reserves <strong>the</strong> right to require that any<br />

technical assistance given be provided in “black box” form (as end product ra<strong>the</strong>r than<br />

[11] technology). In general, however, <strong>the</strong>re are relatively clean interfaces in international<br />

space projects and <strong>the</strong> transfer of technological know-how is not involved or<br />

required between <strong>the</strong> cooperating agencies. There is, however, substantial commercial<br />

involvement directly with US aerospace companies (see section below).<br />

A certain amount of discretion is exercised at both NASA Headquarters and field centers<br />

with regard to <strong>the</strong> subject matter and treatment of technical papers to be presented<br />

by NASA personnel abroad, <strong>the</strong>reby controlling in some degree transfer of know-how by<br />

this means.<br />

Also, NASA requires <strong>the</strong> field centers to report and clear invitations to foreign nationals<br />

attending symposia. This requirement is informal and probably warrants formalization<br />

and centralization.<br />

There has been a change in administration of <strong>the</strong> NASA foreign resident research<br />

associate program. The policy now in practice discourages associates in technical disciplines<br />

in favor of those in scientific areas.<br />

Finally, in connection with export controls discussed below, NASA, although not subject<br />

to <strong>the</strong> Munitions Controls of <strong>the</strong> Department of State, never<strong>the</strong>less takes steps on<br />

those rare occasions when technology transfer is contemplated, to assure through informal<br />

coordination with <strong>the</strong> <strong>Office</strong> of Munitions Control that such transfer would be consistent<br />

with government practice.<br />

• Contracted Technology<br />

Limitations on <strong>the</strong> export of contracted technology are essentially outside NASA’s<br />

responsibilities, since <strong>the</strong> export of space technology by a private contractor falls under<br />

<strong>the</strong> International Traffic in Arms Regulations Act administered by <strong>the</strong> <strong>Office</strong> of Munitions<br />

2. NASA NMI 2210.1 dated December 13, 1973.<br />

3. NASA NMI 2210.2 dated April 24, 1978.

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