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Evaluation of the Transfer of International Traffic in Arms Regulation-Controlled Missile Defense Technology to the National Aeronautics and Space Administration DODIG-2015-146

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Objective

In response to House Report 113-446,“Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015,” we conducted an evaluation of the transfer of specific International Traffic in Arms Regulations (ITAR)‑controlled missile defense technology from the Missile Defense Agency (MDA) to the National Aeronautics and Space Administration (NASA). Specifically, Congress asked us to determine the following.

A. Did MDA and NASA officials comply with Federal and DoD transfer policies and procedures for protecting classified and ITAR‑controlled technology?

B. Was the transferred technology classified?

C. Who had access to the technology, including foreign nationals?

D. Was the technology retransferred beyond U.S. Government control and if so, was there any damage to U.S. security resulting from the transfer?

Findings

A. MDA and NASA officials complied with Federal and DoD policies and procedures for transfer of the ITAR controlled missile defense technology between Federal agencies.

B. The transferred ITAR controlled missile defense technology was not classified.

C. Subsequent to the completion of the transfer in January 2008, NASA officials allowed two foreign national contractors unauthorized access to ITAR‑controlled missile technology in violation of the ITAR.

D. There was insufficient evidence to determine whether DoD ITAR controlled missile defense technology was retransferred beyond the control of the U.S. Government.

This report is a result of Project No. 2014C015.