Case 2:22-cv-00263-JRG-RSP Document 22-3 Filed 11/21/22 Page 1 of 31 PageID #: 330
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`Exhibit B
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`

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`Case 2:22-cv-00263-JRG-RSP Document 22-3 Filed 11/21/22 Page 2 of 31 PageID #: 331
`
`Department of Defense
`
`INSTRUCTION
`
`
`
`
`
`
`
`
`
`
`NUMBER 5230.24
`August 23, 2012
`Incorporating Change 3, October 15, 2018
`
`USD(R&E)
`
`
`
`
`SUBJECT: Distribution Statements on Technical Documents
`
`References: See Enclosure 1
`
`
`1. PURPOSE. This Instruction:
`
`a. Reissues DoD Directive (DoDD) 5230.24 (Reference (a)) as a DoD Instruction (DoDI) in
`accordance with the authority in DoDD 5134.01 (Reference (b)) and pursuant to section 133 of
`title 10, United States Code (U.S.C.) (Reference (c)) to establish DoD policies, assign
`responsibilities, and prescribe procedures for marking and managing technical documents,
`including research, development, engineering, test, sustainment, and logistics information, to
`denote the extent to which they are available for secondary distribution, release, and
`dissemination without additional approvals or authorizations.
`
`b. Establishes a standard framework and markings for managing, sharing, safeguarding, and
`disseminating technical documents in accordance with policy and law.
`
`c. Facilitates implementation of DoDD 5230.25 (Reference (d)) by enabling document
`originators to signify to what extent technical documents must be controlled in accordance with
`procedures of that Directive.
`
`
`2. APPLICABILITY. This Instruction:
`
`
`a. Applies to:
`
`
`(1) The OSD, the Military Departments, the Chairman of the Joint Chiefs of Staff and
`the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department
`of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities
`within the DoD (hereinafter referred to collectively as the “DoD Components”).
`
`(2) Newly created, revised, or previously unmarked classified and unclassified technical
`documents generated or managed by all DoD-funded research, development, test, and evaluation
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 22-3 Filed 11/21/22 Page 3 of 31 PageID #: 332
`
`DoDI 5230.24, August 23, 2012
`
`(RDT&E) programs, which are the basis of the DoD Scientific and Technical Information
`Program described in DoDI 3200.12 (Reference (e)). It also applies to newly created
`engineering drawings, engineering data and associated lists, standards, specifications, technical
`manuals, technical reports, technical orders, blueprints, plans, instructions, computer software
`and documentation, catalog-item identifications, data sets, studies and analyses, and other
`technical information that can be used or be adapted for use to design, engineer, produce,
`manufacture, operate, repair, overhaul, or reproduce any military or space equipment or
`technology concerning such equipment. The data may be in tangible form, such as a model,
`prototype, blueprint, photograph, plan, instruction, or an operating manual, or may be intangible,
`such as a technical service or oral, auditory, or visual descriptions.
`
`b. Does not apply to technical documents categorized as cryptographic and communications
`security, communications and electronic intelligence, and such other categories that may be
`designated by the Director, National Security Agency/Chief, Central Security Service.
`
`c. May not be used by the DoD Components as authority to deny information to Congress,
`or to any Federal, State, or local governmental agency that requires such data for regulatory or
`other official governmental purposes. When the information is otherwise subject to DoD
`distribution controls, the recipient shall be so notified.
`
`d. Does not provide authority to withhold from public disclosure unclassified information
`regarding DoD operations, policies, activities, or programs, including the costs and evaluations
`of performance and reliability of military and space equipment, or any other information not
`exempt from release in accordance with DoDD 5400.07 (Reference (f)).
`
`e. Does not establish non-recurring charges that may apply to recipients of DoD technical
`data. Such charges are determined in accordance with DoDD 2140.2 (Reference (g)).
`
`
`3. DEFINITIONS. See Glossary.
`
`
`4. POLICY. It is DoD policy that the DoD shall pursue a coordinated and comprehensive
`program to promote information sharing to the maximum extent possible to facilitate efficient
`use of resources consistent with protection requirements as specified in national and DoD
`information security policies, competitive procurement, and law as specified in this Instruction.
`
`
`5. RESPONSIBILITIES. See Enclosure 2.
`
`
`6. PROCEDURES. See Enclosure 3.
`
`
`7. RELEASABILITY. Cleared for public release. This Instruction is available on the
`Directives Division Website at http://www.esd.whs.mil/DD/.
`
`Change 3, 10/15/2018
`
`2
`
`
`
`

`

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`
`DoDI 5230.24, August 23, 2012
`
`
`
`8. SUMMARY OF CHANGE 3. This change reassigns the office of primary responsibility for
`this Instruction to the Under Secretary of Defense for Research and Engineering in accordance
`with the July 13, 2018 Deputy Secretary of Defense Memorandum (Reference (h)).
`
`
`9. EFFECTIVE DATE. This Instruction is effective August 23, 2012.
`
`
`
`
`
`
`
`
`
`Enclosures
`
`1. References
`
`2. Responsibilities
`
`3. Procedures
`
`4. Distribution Statements for Use on Technical Documents
`
`5. Third Party-Imposed Distribution Statements
`Glossary
`
`Frank Kendall
`Under Secretary of Defense for
`Acquisition, Technology, and Logistics
`
`Change 3, 10/15/2018
`
`3
`
`
`
`

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`Case 2:22-cv-00263-JRG-RSP Document 22-3 Filed 11/21/22 Page 5 of 31 PageID #: 334
`
`DoDI 5230.24, August 23, 2012
`
`TABLE OF CONTENTS
`
`
`
`ENCLOSURE 1: REFERENCES ...................................................................................................6
`
`ENCLOSURE 2: RESPONSIBILITIES .........................................................................................8
`
`ASSISTANT SECRETARY OF DEFENSE FOR RESEARCH AND ENGINEERING
`(ASD(R&E)) ........................................................................................................................8
`ADMINISTRATOR, DEFENSE TECHNICAL INFORMATION CENTER (DTIC) .............8
`UNDER SECRETARY OF DEFENSE FOR POLICY (USD(P)) ............................................8
`UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE (USD(I)) ...............................8
`DEPUTY CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF DEFENSE
`(DCMO) ...............................................................................................................................8
`GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE (GC, DoD) .......................9
`HEADS OF THE DoD COMPONENTS ..................................................................................9
`
`
`ENCLOSURE 3: PROCEDURES ................................................................................................10
`
`ENCLOSURE 4: DISTRIBUTION STATEMENTS FOR USE ON TECHNICAL
`DOCUMENTS .........................................................................................................................14
`
`GENERAL ...............................................................................................................................14
`DISTRIBUTION STATEMENTS AND NOTICES ...............................................................14
`
`
`ENCLOSURE 5: THIRD PARTY-IMPOSED DISTRIBUTION STATEMENTS .....................22
`
`GENERAL ...............................................................................................................................22
`RESTRICTIVE MARKINGS ..................................................................................................22
`APPLYING THE DISTRIBUTION STATEMENT ...............................................................24
`
`
`GLOSSARY ..................................................................................................................................25
`
`
`PART I: ABBREVIATIONS AND ACRONYMS ................................................................25
`PART II: DEFINITIONS ........................................................................................................25
`
`
`TABLES
`
`
`
`
`
`
`
`
`
`
`1. Reasons to Assign Distribution Statement B ......................................................................15
`2. Reasons to Assign Distribution Statement C ......................................................................18
`3. Reasons to Assign Distribution Statement D ......................................................................18
`4. Reasons to Assign Distribution Statement E ......................................................................19
`5. Distribution Statements and Their Corresponding Reasons for Use ..................................21
`
`
`
`Change 3, 10/15/2018
`
`4
`
`CONTENTS
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 22-3 Filed 11/21/22 Page 6 of 31 PageID #: 335
`
`DoDI 5230.24, August 23, 2012
`
`FIGURE
`
`
`
`
`Export Control Warning Label ................................................................................................20
`
`Change 3, 10/15/2018
`
`5
`
`CONTENTS
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 22-3 Filed 11/21/22 Page 7 of 31 PageID #: 336
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`DoDI 5230.24, August 23, 2012
`
`ENCLOSURE 1
`
`REFERENCES
`
`
`
`(a) DoD Directive 5230.24, “Distribution Statements on Technical Documents,”
`
`March 18, 1987 (hereby cancelled)
`(b) DoD Directive 5134.01, “Under Secretary of Defense for Acquisition, Technology, and
`Logistics (USD(AT&L)),” December 9, 2005, as amended
`(c) Title 10, United States Code
`(d) DoD Directive 5230.25, “Withholding of Unclassified Technical Data from Public
`Disclosure,” November 6, 1984, as amended
`(e) DoD Instruction 3200.12, “DoD Scientific and Technical Information Program (STIP),”
`August 22, 2013
`(f) DoD Directive 5400.07, “DoD Freedom of Information Act (FOIA) Program,”
`
`January 2, 2008
`(g) DoD Directive 2140.2, “Recoupment of Nonrecurring Costs (NCs) on Sales of U.S. Items,”
`May 22, 2013
`(h) Deputy Secretary of Defense Memorandum, “Establishment of the Office of the Under
`Secretary of Defense for Research and Engineering and the Office of the Under Secretary
`of Defense for Acquisition and Sustainment,” July 13, 2018
`(i) DoD Directive 5143.01, “Under Secretary of Defense for Intelligence (USD(I)),” October
`24, 2014, as amended
`(j) DoD Directive 5230.09, “Clearance of DoD Information for Public Release,”
`
`August 22, 2008, as amended
`(k) DoD Instruction 5230.29, “Security and Policy Review of DoD Information for Public
`Release,” August 13, 2014, as amended
`(l) DoD Manual 5200.01, “DoD Information Security Program,” February 24, 2012, as
`amended
`(m) DoD Manual 3200.14, “Principles and Operational Parameters of the DoD Scientific and
`Technical Information Program (STIP),” dates vary
`(n) Parts 120-130 of Title 22, Code of Federal Regulations (also known as the “International
`Traffic in Arms Regulations”)
`(o) Parts 730-774 of Title 15, Code of Federal Regulations (also known as the “Export
`Administration Regulations”)
`(p) Subparts 203, 227 and 252 of Title 48, Code of Federal Regulations
`(q) DoD Directive 5122.05, “Assistant Secretary of Defense for Public Affairs (ASD(PA)),”
`September 5, 2008
`(r) Subpart 800.209 of Title 31, Code of Federal Regulations
`(s) Chapter 15 of Title 50, United States Code
`(t) Executive Order 13526, “Classified National Security Information,” December 29, 2009
`(u) DoD Directive 5205.02E, “DoD Operations Security (OPSEC) Program,” June 20, 2012
`(v) Section 205 of Title 35, United States Code
`(w) Public Law 104–294, “Economic Espionage Act of 1996,” October 11, 1996
`(x) Section 1498(a) of Title 28, United States Code
`(y) Title 17, United States Code
`
`Change 3, 10/15/2018
`
`6
`
`ENCLOSURE 1
`
`

`

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`
`DoDI 5230.24, August 23, 2012
`
`(z) Section 1905 of Title 18, United States Code
`(aa) Sections 638 and 3710a of Title 15, United States Code
`(ab) Part 311.8 of Title 32, Code of Federal Regulations
`(ac) Public Law 107-296, “Homeland Security Act of 2002,” November 25, 2002
`(ad) Sections 2751 and 2778(j)(4)(A) of Title 22, United States Code
`(ae) Part 331 of Title 7, Code of Federal Regulations
`(af) Part 121 of Title 9, Code of Federal Regulations
`(ag) Part 73 of Title 42, Code of Federal Regulations
`(ah) Office of the Chairman of the Joint Chiefs of Staff, “DoD Dictionary of Military and
`Associated Terms,” current edition
`
`Change 3, 10/15/2018
`
`7
`
`ENCLOSURE 1
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 22-3 Filed 11/21/22 Page 9 of 31 PageID #: 338
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`DoDI 5230.24, August 23, 2012
`
`ENCLOSURE 2
`
`RESPONSIBILITIES
`
`
`a. Act as DoD Scientific and Technical Information Program Manager.
`
`
`1. ASSISTANT SECRETARY OF DEFENSE FOR RESEARCH AND ENGINEERING
`(ASD(R&E)). The ASD(R&E), under the authority, direction, and control of the Under
`Secretary of Defense for Acquisition, Technology, and Logistics, shall monitor compliance with
`this Instruction within the DoD Components and take such actions that may be required to ensure
`consistent and appropriate implementation and control of information within the scope of this
`Instruction.
`
`
`2. ADMINISTRATOR, DEFENSE TECHNICAL INFORMATION CENTER (DTIC). The
`Administrator, DTIC, under the authority, direction, and control of the ASD(R&E), shall:
`
`
`
`b. Maintain a permanent record of controlling DoD office decisions for classification and
`
`distribution of scientific and technical information.
`
`
`3. UNDER SECRETARY OF DEFENSE FOR POLICY (USD(P)). The USD(P) shall prepare
`and issue, as required, policy and guidance regarding foreign disclosure and control of
`information in international programs within the scope of this Instruction.
`
`
`4. UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE (USD(I)). The USD(I), who
`has oversight of the DoD information security policy in accordance with DoDD 5143.01
`(Reference (i)), shall integrate this policy into the DoD Information Security Program
`
`
`5. DEPUTY CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF DEFENSE
`(DCMO). The DCMO shall:
`
`a. Issue policy to ensure that technical material submitted for public release clearance in
`
`accordance with DoDD 5230.09 (Reference (j)) is properly reviewed by the Washington
`Headquarters Services Defense Office of Prepublication and Security Review (DOPSR) or
`component public affairs personnel to determine whether the information is appropriate for
`Distribution Statement A (described in Enclosure 4 of this Instruction).
`
`b. Process appeals when public release denial is based upon this Instruction in accordance
`
`with DoDI 5230.29 (Reference (k)).
`
`
`
`Change 3, 10/15/2018
`
`8
`
`ENCLOSURE 2
`
`

`

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`DoDI 5230.24, August 23, 2012
`
`6. GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE (GC, DoD). The GC,
`DoD, shall assist in carrying out this Instruction by advising the DoD Components regarding the
`statutory and regulatory requirements governing the export or other dissemination of technical
`data.
`
`
`7. HEADS OF THE DoD COMPONENTS. The Heads of the DoD Components shall:
`
`a. Ensure that this Instruction is implemented across their respective Components in a
`
`uniform, consistent manner.
`
`b. Ensure that the controlling DoD office that created or sponsored the work exercises its
`
`inherently governmental responsibility to determine the appropriate marking in accordance with
`this Instruction, Reference (j), and Volumes 2 and 4 of DoD Manual 5200.01 (Reference (l)),
`and that all technical documents, including research, development, engineering, test,
`sustainment, and logistics information, regardless of media or form, are marked correctly.
`
`c. Establish and maintain an active education and training program to provide a basic
`
`understanding of distribution statement markings and to inform personnel of their responsibilities
`for the proper handling and protection of documents so marked. As appropriate, such education
`and training may be combined with the education and training required by Volumes 1 and 4 of
`Reference (l).
`
`d. Ensure that all records are maintained and managed in accordance with National Archives
`
`and Records Administration approved dispositions to ensure proper maintenance, use,
`accessibility, and preservation, regardless of format or medium.
`
`
`Change 3, 10/15/2018
`
`9
`
`ENCLOSURE 2
`
`

`

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`DoDI 5230.24, August 23, 2012
`
`ENCLOSURE 3
`
`PROCEDURES
`
`
`
`1. All DoD Components generating or responsible for technical documents shall determine their
`distribution availability and mark them appropriately before primary distribution. Distribution
`statements shall be used in addition to applicable classification and dissemination control
`markings specified in Volume 2 of Reference (l).
`
`2. DoD distribution statement markings shall not be required on technical proposals or similar
`documents submitted by contractors seeking DoD funds or contracts; however, markings
`prescribed by applicable acquisition regulations shall apply.
`
`3. Distribution statements assigned to technical documents by the controlling DoD office that
`sponsored the work are used to control the secondary distribution of those documents through
`use of the DoD-wide “Registration System for Scientific and Technical Information,”
`administered by DTIC, in accordance with DoDM 3200.14 (Reference (m)). Operations and
`maintenance technical data supporting sustainment, logistics, maintenance, repair, supply, and
`testing that are subject to the restrictions of this Instruction shall be maintained, disseminated,
`and controlled by the cognizant heads of military logistics and product centers. Unless otherwise
`authorized by contract or agreement, further distribution of information subject to the restrictions
`identified in this Instruction by non-Government entities or individuals is strictly prohibited.
`
`4. All newly created, revised, or previously unmarked classified and unclassified DoD technical
`documents shall be assigned Distribution Statement A, B, C, D, E, or F as described in Enclosure
`4 of this Instruction. Distribution Statement “X” is superseded by issuance of this Instruction.
`Subsequent dissemination of formerly Distribution Statement X documents shall display
`Distribution Statement C, with export control as the reason and shall be marked as directed in
`paragraph 8.a of Enclosure 3, unless changed by the controlling DoD office.
`
`
`a. Selection of the appropriate distribution statement is based on a number of considerations,
`including, but not limited to:
`
`
`(1) Criteria specified in Enclosure 3 of Reference (k).
`
`(2) Export controls in accordance with Reference (d); parts 120-130 of title 22, Code of
`Federal Regulations (CFR) (also known and hereinafter referred to as the “International Traffic
`in Arms Regulations” (ITAR)) (Reference (n)); and parts 730-774 of title 15, CFR (also known
`and hereinafter referred to as the “Export Administration Regulations” (EAR)) (Reference (o)).
`
`(3) Intellectual property and data rights licenses for contract deliverables in subpart
`227.71 of title 48, CFR (Reference (p)).
`
`
`
`
`
`Change 3, 10/15/2018
`
`10
`
`ENCLOSURE 3
`
`

`

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`
`DoDI 5230.24, August 23, 2012
`
`b. Multiple reasons for control may apply and may be listed in Distribution Statements B, C,
`D, and E.
`
`5. Once cleared for public release, if the documents contain technical information in accordance
`with this Instruction, by definition they can be marked Distribution Statement A. Technical
`documents not approved for public release shall receive a Distribution Statement to maximize
`their effectiveness as a non-public document. Publication release shall be made as follows:
`
`
`a. Any official DoD document meeting the publication conditions of References (j) and (k)
`shall be cleared for public release DOPSR.
`
`b. Official DoD documents, including, but not limited to, audio-visual materials or press
`releases which meet the criteria in DoDD 5122.05 (Reference (q)), shall be approved for public
`release by the Assistant Secretary of Defense for Public Affairs.
`
`c. Documents that do not meet the intent of References (j), (k), and (q) may be cleared for
`public release at the lowest prudent level.
`
`6. Classified DoD technical documents:
`
`a. Shall be marked in accordance with Volume 2 of Reference (l) and 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 or removed by the controlling
`DoD office.
`
`
`b. That are declassified and have no assigned distribution statement shall be handled as
`Distribution Statement E (equivalent to For Official Use Only (FOUO)) as described in Volume
`4 of Reference (l) until changed by the controlling DoD office.
`
`7. All newly generated technical documents delivered to the U.S. Government that include a
`contractor or other third party-imposed intellectual property marking as described in Enclosure 5
`of this Instruction shall be conspicuously and legibly marked with the appropriate legends as
`prescribed by and controlled pursuant to subpart 252.227-7013 of Reference (p). The type of
`U.S. Government data rights licenses shall be considered when assigning distribution statements.
`
`8. For each newly generated technical document, the controlling DoD office shall determine
`whether the document contains export-controlled technical data; Reference (d) provides guidance
`for making this determination. Additional guidance may be obtained from the component
`Foreign Disclosure Officer.
`
`
`a. All documents that are found to contain export-controlled technical data shall be marked
`with the export control warning contained in paragraph 2.g. of Enclosure 4 of this Instruction.
`Any document so marked must also be assigned Distribution Statement B, C, D, E, or F and
`specify “Export Controlled” as a reason for limitation. These documents must also include the
`Warning Statement and Notice specified in Reference (d). Such documents shall be
`disseminated only to entities qualified to receive export-controlled technical data.
`
`Change 3, 10/15/2018
`
`11
`
`ENCLOSURE 3
`
`

`

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`DoDI 5230.24, August 23, 2012
`
`
`b. Export-controlled items marked Distribution Statement C or D shall not be disseminated
`
`outside the U.S. Government or to U.S. Government contractors without first verifying the
`recipient’s eligibility and authority to receive export-controlled information by verifying they
`have a current, valid DD Form 2345 in accordance with Reference (d).
`
`9. Producing organizations and controlling offices shall mark technical documents in
`preliminary or working draft form with a temporary notice or distribution statement pending a
`proper security classification and distribution statement review as required by this Instruction.
`
`10. Distribution statements shall remain in effect until changed or removed by the controlling
`DoD office. Removal of or tampering with control markings by unauthorized personnel is
`strictly prohibited.
`
`11. Each controlling DoD office shall establish and maintain a procedure to review active and
`non-archived 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 References (j) and (k). If public release clearance is obtained, the controlling
`DoD office shall assign Distribution Statement A, cancel any other distribution statement, and
`notify all known holders of the change.
`
`12. If a request is received for a technical document marked with a superseded distribution
`statement, the document shall be reviewed by the controlling office and shall be assigned an
`appropriate distribution statement in accordance with this Instruction.
`
`13. The controlling DoD office shall notify the DTIC, other appropriate repositories, and other
`known holders promptly, so they can have an authoritative record of controlling DoD office
`decisions regarding classification and distribution, when:
`
`
`
`
`
`c. Classification markings, Government data rights, distribution statements, or export control
`
`statements are changed or removed.
`
`14. The distribution statement shall be displayed conspicuously on all technical documents
`regardless of media or format. For standard written or printed material, the distribution
`statement shall appear on the front cover, title page, and Standard Form (SF) 298, “Report
`Documentation Page,” where applicable. The SF 298 is available at
`http://www.dtic.mil/whs/directives/forms/index.htm. If the technical information is not prepared
`in paper form but is prepared digitally or is in any medium that does not have a cover or title
`page, the applicable distribution statement shall be affixed to all physical and digital items by
`other means in a conspicuous position for ready recognition.
`
`
`a. The controlling office address changes.
`
`b. The controlling office is redesignated.
`
`Change 3, 10/15/2018
`
`12
`
`ENCLOSURE 3
`
`

`

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`
`DoDI 5230.24, August 23, 2012
`
`15. When possible or appropriate, those parts of the document that contain controlled
`unclassified information shall be prepared as an attachment, addendum, annex, enclosure, or
`similar section to allow separate dissemination of the basic document at the lowest level of
`classification and to the widest audience.
`
`16. The metadata of the document (e.g., title, abstract, keywords) shall be written for the widest
`possible distribution. When practical the metadata shall be written in such a way that the
`information is unclassified and cleared by DOPSR as Distribution Statement A.
`
`17. Unclassified documents marked with Distribution Statements B, C, D, E, or F shall be
`handled using the same standard as FOUO material in accordance with Volume 4 of Reference
`(l), and shall 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 the information, local authorities may
`prescribe other methods but must balance the additional expense against the degree of sensitivity.
`
`18. All records shall be maintained and managed in accordance with National Archives and
`Records Administration approved dispositions to ensure proper maintenance, use, accessibility,
`and preservation, regardless of format or medium.
`
`
`Change 3, 10/15/2018
`
`13
`
`ENCLOSURE 3
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 22-3 Filed 11/21/22 Page 15 of 31 PageID #: 344
`
`DoDI 5230.24, August 23, 2012
`
`ENCLOSURE 4
`
`DISTRIBUTION STATEMENTS FOR USE ON TECHNICAL DOCUMENTS
`
`
`
`1. GENERAL. Distribution statements shall be shown on the title page, front cover, and SF
`298, where applicable. Portions or pages of a document or compilation may have different
`distribution statements that would govern their distribution if separated from the main document.
`The most restrictive distribution on its parts applies to the document as a whole.
`
`a. The wording of the distribution statements specified by this Instruction may not be
`
`modified to accommodate additional distribution, such as distribution to foreign governments.
`Such release is outside the scope of secondary DoD distribution. For other authorized markings
`or notices that appear on a document in accordance with a statute, a regulation, or other policy
`(e.g., Defense Federal Acquisition Regulations Supplement (DFARS) legends, North Atlantic
`Treaty Organization markings), “REL TO” (releasable to) may be used to inform distribution.
`
`b. At the discretion of the Controlling DoD office, for purposes of clarification, distribution
`
`statements B, C, D, and E may begin with the word “Secondary” and the following text may
`precede the statements: “The [Controlling DoD Office] authorizes secondary distribution,
`release, and dissemination to the extent permitted by this distribution statement without
`additional approvals or authorizations.”
`
`c. Distribution Statements B, C, D, and E are expressed in a standard format comprising four
`
`components presented in the following order:
`
`
`
`
`
`
`
`
`
`d. More than one reason or justification for non-release of controlled technical information
`
`may apply. Therefore, more than one reason may be used in a distribution statement. In these
`instances, the most restrictive reason shall govern the distribution determination.
`
`
`2. DISTRIBUTION STATEMENTS AND NOTICES. The distribution statements and notices
`described in this section are authorized for use on DoD technical documents. A matrix of
`Distribution Statements and corresponding reasons appears in Table 5.
`
`a. “DISTRIBUTION STATEMENT A. Approved for public release. Distribution is
`
`unlimited.”
`
`
`
`
`
`
`
`
`
`
`(1) Authorized audience.
`
`(2) Reason for control.
`
`(3) Date of determination.
`
`(4) Controlling office.
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`DoDI 5230.24, August 23, 2012
`
`(1) This statement may be used only on unclassified technical documents that have been
`
`
`cleared for public release by competent authority in accordance with References (j) and (k).
`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.
`
`(2) 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.
`
` (3) This statement shall not be used on classified technical documents or documents
`
`containing export-controlled technical data as provided in Reference (d).
`
` (4) This statement may not be used on technical documents that formerly were classified
`
`unless such documents are cleared for public release in accordance with References (j) and (k).
`
`b. “DISTRIBUTION STATEMENT B. (Secondary [optional]) 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).”
`
`
`
`
`
`
`
`
`
`
`
`(1) This statement may be used on unclassified and classified technical documents.
`
`(2) Reasons for assigning Distribution Statement B are listed in Table 1.
`
`Table 1. Reasons to Assign Distribution Statement B
`
`
`
`Administrative or Operational
`Use
`
`Contractor Performance
`Evaluation
`
`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
`including data or information intended for the sole
`purpose of operating and sustaining DoD weapon
`systems. This statement may apply to manuals,
`pamphlets, weapon system specifications, technical
`orders, technical reports, and other publications or
`technical data containing valuable technical or
`operational information.
`To protect information in management reviews, records
`of contract performance evaluation, or other advisory
`documents evaluating programs of contractors.
`Assigned pursuant to subparts 203.104-4 of Reference
`(p).
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