Distribution Statements
On
Technical Documents
Extracts from DoD Directive 5230.24
F. PROCEDURES
1. All DoD Components generating or
responsible for technical documents shall determine their distribution availability and
mark them appropriately before primary distribution. Documents recommended for public
release must first be reviewed in accordance with DoD Directive 5230.9 (reference (f)).
2. DoD distribution statement markings shall
not be required on technical proposals or similar documents submitted by contractors
seeking DoD funds or contracts.
3. Managers of technical programs shall
assign appropriate distribution statements to technical documents generated within their
programs to control the secondary distribution of those documents.
a. All newly created unclassified DoD
technical documents shall be assigned distribution statement A, B, C, D, E, F, or X (see
enclosure 3).
b. Classified DoD technical documents shall
be assigned distribution statement B, C, D, E, or F. The distribution statement assigned
to a classified document shall be retained on the document after its declassification or
until changed specifically or removed by the controlling DoD office. Technical documents
that are declassified and have no distribution statement assigned shall be handled as
distribution statement F documents until changed by the controlling DoD office.
c. Scientific and technical documents that
include a contractor-imposed limited rights statement shall be marked and controlled in
accordance with subpart 27.4 of the DoD Supplement to the FAR (reference (g)).
d. For each newly generated technical
document, managers of technical programs shall determine whether the document contains
export-controlled technical data; DoD Directive 5230.25 (reference (c)) provides guidance
for making this determination. Additional guidance may be obtained from component legal
counsel. All documents that are found to contain export-controlled technical data shall be
marked with the export control statement contained in subsection A.8, below, of enclosure
3; any document so marked must also be assigned distribution statement B, C, D, E, F, or
X.
e. Technical documents in preliminary or
working draft form shall not be disseminated without a proper security classification
review and assignment of a distribution statement as required by this Directive.
4. Distribution statements shall remain in
effect until changed or removed by the controlling DoD office. Each controlling DoD office
shall establish and maintain a procedure to review technical documents for which it is
responsible to increase their availability when conditions permit. The controlling DoD
office shall obtain public release determinations in accordance with reference (f). If
public release clearance is obtained, the controlling DoD office shall assign distribution
statement A, cancel any other distribution statement, and notify the proper document
handling facilities.
*
*
*
8. The distribution statement shall be
displayed conspicuously on technical documents so as to be recognized readily by
recipients.
a. For standard written or printed material,
the following applies:
(1) The distribution statement shall appear
on each front cover, title page, and DD Form 1473, "Report Documentation Page."
(2) When possible, parts that contain
information creating the requirement for a distribution statement shall be prepared as an
appendix to permit broader distribution of the basic document.
(3) When practical, the abstract of the
document, the DD Form 1473 and bibliographic citations shall be written in such a way that
the information will not be subject to distribution statement B, C, D, E, F, or X.
b. If the technical information is not
prepared in the form of an ordinary document (such as this Directive) and does not have a
cover or title page (such as forms and charts), the applicable distribution statement
shall be stamped, printed, written, or affixed by other means in a conspicuous position.
DoD Directive 5230.24
(Enclosure 3)
DISTRIBUTION STATEMENTS FOR USE ON TECHNICAL
DOCUMENTS
A. The following distribution statements and
notices are authorized for use on DoD technical documents:
1. DISTRIBUTION STATEMENT A. Approved
for public release; distribution is unlimited.
a. This statement may be used only on
unclassified technical documents that have been cleared for public release by competent
authority in accordance with DoD Directive 5230.9. Technical documents resulting from
contracted fundamental research efforts will normally be assigned Distribution Statement
A, except for those rare and exceptional circumstances where there is a high likelihood of
disclosing performance characteristics of military systems, or of manufacturing
technologies that are unique and critical to defense, and agreement on this situation has
been recorded in the contract or grant.
b. Technical documents with this statement
may be made available or sold to the public and foreign nationals, companies, and
governments, including adversary governments, and may be exported.
c. This statement may not be used on
technical documents that formerly were classified unless such documents are cleared for
public release in accordance with reference (f).
d. This statement shall not be used on
classified technical documents or documents containing export-controlled technical data as
provided in DoD Directive 5230.25 (reference (c)).
2. DISTRIBUTION STATEMENT B.
Distribution authorized to U.S. Government agencies only (fill in reason) (date of
determination]. Other requests for this document shall be referred to (insert controlling
DoD office).
a. This statement may be used on unclassified
and classified technical documents.
b. Reasons for assigning distribution
statement B include:
- Foreign Government Information:
To protect and limit distribution in accordance with the desires of the’ foreign
government that furnished the technical information. Information of this type normally is
classified at the CONFIDENTIAL level or higher in accordance with DoD 5200.1-R.
- Proprietary Information: To
protect information not owned by the U.S. Government and protected by a contractor’s
"limited rights" statement, or received with the understanding that it not be
routinely transmitted outside the U.S. Government.
- Critical Technology: To
protect information and technical data that advance current technology or describe new
technology in an area of significant or potentially significant military application or
that relate to a specific military deficiency of a potential adversary. Information of
this type may be classified or unclassified; when unclassified, it is export-controlled
and subject to the provisions of DoD Directive 5230.25 (reference (c)).
- Test and Evaluation: To
protect results of test and evaluation of commercial products or military hardware when
such disclosure may cause unfair advantage or disadvantage to the manufacturer of the
product.
- Contractor Performance Evaluation:
To protect information in management reviews, records of contract performance evaluation,
or other advisory documents evaluating programs of contractors.
- Premature Dissemination: To
protect patentable information on systems or processes in the developmental or concept
stage from premature dissemination.
- Administrative or Operational Use:
To protect technical or operational data or information from automatic dissemination under
the International Exchange Program or by other means. This protection covers publications
required solely for official use or strictly for administrative or operational purposes.
This statement may be applied to manuals, pamphlets, technical orders, technical reports,
and other publications containing valuable technical or operational data.
- Software Documentation:
Releasable only in accordance with DoD Instruction 7930.2 (reference (i)).
- Specific Authority: To
protect information not specifically included in the above reasons and discussions, but
which requires protection in accordance with valid documented authority such as Executive
Orders, classification guidelines, DoD or DoD Component regulatory documents. When filling
in the reason, cite "Specific Authority (identification of valid documented
authority)."
3. DISTRIBUTION STATEMENT C.
Distribution authorized to U.S. Government Agencies and their contractors (fill in reason)
(date of determination). Other requests for this document shall be referred to (insert
controlling DoD office).
a. Distribution statement C may be used on
unclassified and classified technical documents.
b. Reasons for assigning distribution
statement C include:
- Foreign Government Information: Same as
distribution statement B.
- Critical Technology: Same as distribution
statement B.
- Software Documentation: Same as distribution
statement B.
- Administrative or Operational Use: Same as
distribution statement B.
- Specific Authority: Same as distribution
statement B.
4. DISTRIBUTION STATEMENT D.
Distribution authorized to the Department of Defense and U.S. DoD contractors only (fill
in reason) (date of determination). Other requests shall be referred to (insert
controlling DoD office).
a. Distribution statement D may be used on
unclassified and classified technical documents.
b. Reasons for assigning distribution
statement D include:
- Foreign Government Information: Same as
distribution statement B.
- Administrative or Operational Use: Same as
distribution statement B.
- Software Documentation: Same as distribution
statement B.
- Critical Technology: Same as distribution
statement B.
- Specific Authority: Same as distribution
statement B.
5. DISTRIBUTION STATEMENT E.
Distribution authorized to DoD Components only (fill in reason) (date of determination).
Other requests shall be referred to (insert controlling DoD office).
a. Distribution statement E may be used on
unclassified and classified technical documents.
b. Reasons for assigning distribution
statement E include:
- Direct Military Support: The document contains
export-controlled technical data of such military significance that release for purposes
other than direct support of DoD-approved activities may jeopardize an important
technological or operational military advantage of the United States. Designation of such
data is made by competent authority in accordance with DoD Directive 5230.25 (reference
(c)).
- Foreign Government Information: Same as
distribution statement B.
- Proprietary Information: Same as distribution
statement B.
- Premature Dissemination: Same as distribution
statement B.
- Test and Evaluation: Same as distribution
statement B.
- Software Documentation: Same as distribution
statement B.
- Contractor Performance Evaluation: Same as
distribution statement B.
- Critical Technology: Same as distribution
statement B.
- Administrative/Operational Use: Same as
distribution statement B.
- Specific Authority: Same as distribution
statement B.
6. DISTRIBUTION STATEMENT F. Further
dissemination only as directed by (inserting controlling DoD office) (date of
determination) or higher DoD authority.
a. Distribution statement F is normally used
only on classified technical documents, but may be used on unclassified technical
documents when specific authority exists (e.g., designation as direct military support as
in statement E).
b. Distribution statement F is also used when
the DoD originator determines that information is subject to special dissemination
limitation specified by paragraph 4-505, DoD 5200.1-R (reference (h)).
7. DISTRIBUTION STATEMENT X. Distribution
authorized to U.S. Government Agencies and private individuals or enterprises eligible to
obtain export-controlled technical data in accordance with reference (c) (date of
determination). Controlling DoD office is (insert).
a. Distribution statement X shall be used on
unclassified documents when distribution statements B, C, D, E, or F do not apply, but the
document does contain technical data as explained in reference (c).
b. This statement shall not be used on
classified technical documents; however, it may be assigned to technical documents that
formerly were classified.
8. Export Control Warning:
All technical documents that are determined to contain export-controlled technical data
shall be marked "WARNING - This document contains technical data whose export is
restricted by the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et q.) or the
Export Administration Act of 1979, as amended, Title 50, U.S.C., App. 2401 et seq.
Violations of these export laws are subject to severe criminal penalties. Disseminate in
accordance with provisions of DoD Directive 5230.25." When it is technically
infeasible to use the entire statement, an abbreviated marking may be used, and a copy of
the full statement added to the "Notice To Accompany Release of Export Controlled
Data" required by DoD Directive 5230.25 (reference (c)).
9. Handling and Destroying
Unclassified/Limited Distribution Documents: Unclassified/Limited Distribution
documents shall be handled using the same standard as "For Official Use Only
(FOUO)" material, and will be destroyed by any method that will prevent disclosure of
contents or reconstruction of the document. When local circumstances or experience
indicates that this destruction method is not sufficiently protective of unclassified
limited information, local authorities may prescribe other methods but must give due
consideration to the additional expense balanced against the degree of sensitivity.
DoD Directive 5230.24
(Enclosure 4)
CONTRACTOR-IMPOSED DISTRIBUTION STATEMENTS
1. Part 27, Subpart 27.4 to the DoD
Supplement to the Federal Acquisition Regulation (FAR) (reference (g)) stipulates control
procedures for contractor-controlled technical data to which the Government has limited
rights. In this case, an approved statement from the DoD Supplement to the FAR shall
appear on all copies of each document. Unmarked or improperly marked technical documents
supplied by a contractor shall be handled in accordance with the DoD Supplement to the
FAR. Limited rights information shall be assigned distribution statements B, E, or F.
2. The limited rights statement shall remain
in effect until changed or canceled under contract terms or with the permission of the
contractor, and until the controlling DoD Component notifies recipients of the document
that the statement may be changed or canceled. Upon cancellation of the statement, the
distribution, disclosure, or release of the technical document shall then be controlled by
its security classification or, if unclassified, by the appropriate statement selected
from this Directive.
3. Reference (g) defines limited rights as
the right to use, duplicate, or disclose technical data in whole or in part, by or for the
U.S. Government with the expressed limitation that such technical data, without the
written permission of the party furnishing such technical data, may not be:
a. Released or disclosed in whole or in part
outside the Government.
b. Used in whole or in part by the Government
for manufacture, or in the case of computer software documentation, for reproduction of
the computer software.
c. Used by a party other than the Government,
except for:
(1) Emergency repair or overhaul work only by
or for the Government, when the item or process concerned is not otherwise reasonably
available to enable timely performance of the work, provided that the release or
disclosure outside the Government shall be made subject to a prohibition against further
use, release, or disclosure.
(2) Release to a foreign government, as the
interest of the United States may require, only for information or evaluation within such
government or for emergency repair or overhaul work by or for such government under the
conditions of subparagraph 3.c. (1), above.
|
