To facilitate planning for SAF/AQC Clearance approvals, SCOs must use the reporting tool to project SAF/AQC Clearance approvals. (2) For PEO and Enterprise contracting, business and contract clearance are required for actions greater than or equal to $5M.

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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).

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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.

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c. Used by a party other than the Government, except for:

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(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.

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(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.