LETTER TO JAMES M. BEGGS FROM JOHN N. MCMAHON

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00885R000300420011-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 16
• Document Creation Date: December 22, 2016
• Document Release Date: January 10, 2011
• Sequence Number: 11
• Publication Date: November 3, 1983
• Content Type: LETTER

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The Dcputy Director of Centr;r) Inlcllicncc
w'a,~impoo n c Z he S
0 `; j; ;?j S
The Honorable James M. Beggs
Administrator
National Aeronautics and Space Administration
400 Maryland Avenue, S.W.
Washington, D.C. 20546
A belated thank you for taking time out to hear our briefing on
technology loss to the Soviets.
I am very encouraged at your willingness to look into measures that
could limit Soviet Bloc access to sensitive but unclassified NASA publi-
cations, software, and other data. We can be sure that the Soviets will
be zeroing in with specific requirements on new major NASA technologies
as they decide to copy or adapt U.S. systems and subsystems. Your
beginning to restrict the sensitive NASA data going to U.S. Government
agencies and their contractors will be a significant step toward
hindering Soviet collection efforts.
I am sending along copies of two other encouraging steps being taken
by DoD that might be of interest. One is a recent change in the U.S.
Code giving the Secretary of Defense authority to withhold from the
public certain technical data. While limited in scope, it is a useful
start. The second is an interim DoD policy to improve their control of
technical data and reduce the risk of loss to the Soviets.
As promised, our people are preparing a list of Soviet NASA-related
requirements and we will get that to you shortly.
Sincerely,
Enclosures
n McMahon
XF C- 137 (9XEC
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STAT
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'.o/), 96th C.
,Binett-ei, hth Congress of the 11flited ~5tates of .3mmea
AT THE FIRST SESSION
E? RECD
Begun and held at the City of Washington on Monday, the third day of January,
one thousand nine hundred and eighty-three
an act
To authorize appropriations for fiscal year 1984 for the Armed Forces for
eroc
ment, for research, development, test, and evaluation, and for o ure-
and
maintenance, to prescribe personnel strengths for such fiscal pethe Armed
Forces and for civilian employees of the Department , for the appropriations for such fiscal year for civil defense, and other purpooses.
Be it enacted by the Senate and House of Representatives of the
United States ofAmerica in Congress assemble
SHORT TITLE; TABLE OF CONTEN1'S
SECTION 1. (a) This Act may be cited as the "Department of
Defense Authorization Act, 1984".
(b) The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I-PROCUREMENT
Sec. 101. Authorization of appropriations, Army.
Sec. 102. Authorization of appropriations. Navy and Marine Corps.
Sec. 103. Authorization of appropriations, Air Force.
Sec. 104. Authorization of appropriations, Defense agencies.
Sec. 105. Extension of authority provided Secretary of Defense in connection with
the NATO Airborne Warning and Control System (AWACS) program.
Sec. 106. Secure communications equipment and a special classified program.
Sec. 107. Limitation on Army procurement.
Sec. 108. Limitations on Navy procurement.
Sec. 109. Authorization of multiyear contracts for the B-lB aircraft; prohibition on
multiyear contracts for certain equipment.
Sec. 110. Limitations and requirements with respect to the procurement and
deployment of the MX missile.
TITLE II-RESEARCH DEVBAPMENT TEST, AND EVALUATION
Sec. 201. Authorization of appropriations.
Sec. 202. Limitations on funds for the Army.
Sec- 203. Limitations on funds for the Navy.
Sec. 204. Limitations on funds for the Air Force.
Sec. 205. Limitations on funds for the Defense agencies.
Sea 206. Limitation on sire of small mobile missile.
Sec- 207. Rep
ort on the Joint Tactical Missile System and the Joint Surveillance
and
Sec. 208. Antiballtu missille ~ system mouse of thuds
TITLE III-OPERATION AND MAINTENANCE
Sect 301. Authorization of app
Sea 302. Ge
neral authorization of appropriations for pay raises, fuel poets, and
inflation a4fustumtL
Sec 303. Prohibition Of UGO Of vessels with foreign-built major components under
certain leases or service contracts,
Sec. 304. Authorization of appropriations for assistance for 1984 games of the XXIII
Sec. 305, Shelter for the
homeless at military installations.
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S. 675-77
the Government data necessary to incorporate changes in
design or technology.
(8) Before ordering any spare part, the contracting officer
should review the acquisition history of that part.
AUTHORITY TO WITHHOLD FROM PUBLIC DISCLOSURE CERTAIN
TECHNICAL DATA
SEC. 1217. (a) Chapter 4 of title 10, United States Code, is amended
by adding at the end thereof the following new section:
"? 140c. Secretary of Defense: authority to withhold from public
disclosure certain technical data
"(a) Notwithstanding any other provision of law,,the Secretary of
Defense may withhold from public disclosure any technical data
with military or space application in the possession of, or under the
control of, the Department of Defense, if such data may not be
exported lawfully outside the United States without an approval,
authorization, or license under the Export Administration Act of
1979 (50 U.S.C. App. 2401-2420) or the Arms Export Control Act (22
U.S.C. 2751 et seq.). However, technical data may not be withheld
under this section if regulations promulgated under either such Act
authorize the export of such data pursuant to a general, unre-
stricted license or exemption in such regulations.
"(bXl) Within 90 days after enactment of this section, the Secre-
tary of Defense shall propose regulations to implement this section.
Such regulations shall be published in the Federal Register for a
period of no less than 30 days for public comment before promulga-
tion. Such regulations shall address, where appropriate, releases of
technical data to allies of the United States and to qualified United
States contractors, including United States contractors that are
small business concerns, for use in performing United States Gov-
ernment contracts.
"(2) In this section, 'technical data with military or space applica-
tion' means any blueprints, drawings, plans, instructions, computer
software and documentation, or other technical information that
can be used, or be adapted for use, to design, engineer, produce,
manufacture, operate, repair, overhaul, or reproduce any militar r
or space equipment or technology concerning such equipment.' .
(b) The table of sections at the beginning of chapter 4 of such title
is amended by adding at the end thereof the following new item:
"140c. Secretary of Defense: authority to withhold from public disclosure certain
technical data.".
USE OF POLYGRAPHS BY THE DEPARTMENT OF DEFENSE
SEa 1218. (a) The Secretary of Defense may not, before April 15,
1984, use, enforce, issue, implement, or otherwise rely on any rule,
regulation, directive, policy, decision, or order that would permit the
use of polygraph examinations in the case of civilian employees of
the Department of Defense or members of the Armed Forces in any
manner or to any extent greater than was permitted under rules,
regulations, directives, policies, decisions, or orders of the Depart-
ment of Defense in effect on August 5, 1982.
(b) The restrictions prescribed in subsection (a) with respect to the
use of polygraph examinations in the Department of Defense shall
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THE SECRETARY OF DEFENSE
WASHINGTON, THE DISTRICT OF COLUMBIA
-1 8 OCT 1983
MEMORANDUM FOR SECRETARIES OF MILITARY DEPARTMENTS
CHAIRMAN OF THE JOINT CHIEFS OF STAFF
UNDER SECRETARIES OF DEFENSE
ASSISTANT SECRETARIES OF DEFENSE
GENERAL COUNSEL
INSPECTOR GENERAL
ASSISTANTS TO THE SECRETARY OF DEFENSE
DIRECTORS OF DEFENSE AGENCIES
SUBJECT: Control of Unclassified Technology with Military
Application
There has been a substantial transfer of US technology
to the Soviet Union through a variety of mechanisms. These
undesirable transfers, particularly technical data and
information related to technologies with military applications,
have contributed greatly to the Soviet's military capability,
saved them millions of dollars in research and development
costs, and have helped them to develop countermeasures to US
weapon systems. Accordingly, it is necessary to provie an
system of control of technical data that is produced
by or for the Department of Defense that reduces the risk of
undesired transfer of such technical data.
The objective of establishing a system of controls in
the Department, and defense industry is to protect Defense
technology, without incurring substantial cost and minimizing
the impact on scientific innovation and the capability of
defense industry to compete successfully in domestic and
international markets.
The process to establish such a system will identify the
technologies to be controlled, to include the state of emergence
at which controls should be initiated, and improve internal
dissemination control policies and procedures. Efforts that
are now underway to develop comprehensive policy, procedures,
and technical guidance in these areas will continue, but
additional steps must be taken to protect military technology
until that process is complete. The OSD Steering Committee on
National Security and Technology Transfer now is undertaking a
process to (1) identify technologies that most urgently require
uniform and consistent control throughout the Department and
defense industry, to include the state of emergence at which
controls should be initiated, and (2) policy, procedures, and technical guidance to for eeforop the
ne
rrolsol of
these technologies. the cont
of
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To update the procedures for marking and disseminating
documents containing technical data and information, I am
directing that the attached interim
immediately by all DoD Components, policy be implemented
I ask the cooperation of all DoD Components in gaining
better control over the loss of the Department's technology
base, as well as in satisfying its obligations under the
export control laws. gy
Attachment
4'72;36
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Interim Policy for Markin and Disseminatin Defense Technical
Documents
The policy and procedures outlined herein are effective
immediately and all DoD Components will begin implementation as
quickly as feasible to provide administrative control of initial
and secondary distribution of Defense technical documents. De-
finition of terms is provided in attachment 1. Distribution
statement markings identified in attachment 2 are mandatory for
all newly generated documents that are controlled under the
Scientific and Technical Information Program (DODD 3200.12) or
acquired under the Defense Technical Data Management Program
(DoDD 5010.12). No requirement is imposed to mark or control
dissemination of existing documents, but such marking and con-
trol is not precluded if dissemination of the existing document
may be limited for any of the reasons
given document has not already been made gene ner in ally availab atavailabl 2 and
the public. le to
Technical documents that are categorized as cryptographic
and communications security, communications and electronic in-
telligence, and such other categories as may be designated by the
Director, National Security Agency, whose distribution is limited
through alternate methods, are exempt from these marking provi-
sions.
Review of university research publications should be in
accordance with USDRE policy memorandum, "University Research
Publications and University Research Grants," of 21 September
1982.
Scientific and technical information managed under DoDD
3200.12 will continue to be disseminated in accordance with
procedures for registration and certification established in
DoDD 5200.21. A similar registration system will be established
to control dissemination of technical documents acquired under
DoDD 5010.12. Registration sytems will be centralized or com-
bined as quickly as possible to provide a single source of con-
trol over access to all DoD technical documents.
procedures nestablithe
Regulation protection
dom of Information Pro " ~lati?R 5400,7-R, "DoD Free-
Only" documents will a~sorama for handling "For Official Use
d
distribution limitation stribution
te, D, chni E, and cal F. bearing
g .
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INTERIM PROCEDURES FOR ASSIGNING DISTRIBUTION
STATEMENTS ON DOD TECHNICAL DOCUMENTS
1. All DoD Components generating or responsible for technical
documents shall determine their distribution availability and
mark them appropriately before primary distribution.
a. All DoD technical documents must be assigned Distribu-
tion Statement A, B, C, D, E, or F.
b. Classified DoD technical documents may 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 downgrading or declassification un-
til specifically changed or removed by the controlling DoD
office.
c. Technical documents resulting from DoD research and
technical efforts and that are intended for public release
should be protected until final determination is made by
competent authority in accordance with DoDD 5230.9 and
USDRE policy memorandum, "University Research Publications
and University Research Grants," of 21 September 1982.
d. Scientific and Technical documents which include a
contractor imposed limited rights' statement will be appro-
priately marked and controlled.
e. Controlling DoD offices are responsible for determining
distribution limitation of each report, whether it is an in-
house effort or contract/grant effort or whether the effort
is classified or unclassified, based on technology criticality.
The Militarily Critical Technologies List (MCTL) is one such
reference that can be used in making this determination.
f. Documents in preliminary or working draft form shall be
protected pending proper security classification review and
assignment of a distribution statement authorized by this
Directive.
2. Distribution statements shall remain in effect until changed
or removed by the controlling DoD office. Each controlling
office shall establish and maintain a procedure requiring review
of technical documents for which it is responsible, with the
objective of removing restrictions in distribution as soon as
conditions permit. The controlling DoD offices shall process
public release determinations in accordance with DoDD 5230.9.
When public release clearance is obtained, Distribution State-
ment A shall be assigned and cognizant document handling facili-
ties, including DTIC, shall be so notified by the DoD control-
ling office.
2
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3. Limitation statements previously assigned to technical
documents shall be converted as follows:
a. Documents bearing Distribution Statement A or B need
not be re-evaluated.
b. Documents bearing Distribution Statement #2 of super-
seded DoDD 5200.20, March 29, 1965, and not reviewed and re-
designated in accordance with DoDD 5200.20, September-24, 1970,
shall be assigned Distribution Statement C.
c. Documents bearing Distribution Statement #3 (USGO) of
superseded 5200.20, March 29, 1965, and not reviewed and re-
designated in accordance with DoDD 5200.20, September 24, 1970,
shall be assigned Distribution Statement B.
d. Documents bearing Distribution Statement #4 (DoD Only)
of superseded 5200.20 of March 29, redesignated in accordance with DoD 15200.20, not
shall be assigned Distribution Statement E.
September 24, e. Documents bearing Distribution Statement #5 (cor
of superseded 5200.20, March 29, 1965, and not reviewednororeed)
designated in accordance with DoDD 5200.20, September 24, 19701,
shall be assigned Distribution Statement F.
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DEFINITIONS
1. Contractor. An individual or organization outside the U.S.
Government accepting any type of agreement or order to provide
research, supplies or services to a U.S. Government agency. The
term specifically includes both prime contractors and subcontractors.
2. Controlling DoD Office. The DoD activity which has responsi-
bility for distribution of the document whether the work was done
in-house or by contract or grant. In the case of
the controlling office is determined by advance agreementpandomaylp,
be either party or a group or committee representing the interested
activities or Services.
3. Critical Technolo Technologies which consist of (a) arrays
of design and manufacturing know-how (including technical data);
(b) keystone manufacturing, inspection, and test equipment; (c)~
keystone materials; and (d) goods accompanied by sophisticated
operation, application, or maintenance know-how that could make a
significant contribution to the military potential of any country
or combination of countries that may prove detrimental to the
security of the United States (also referred to as Militarily
Critical Technology).
4. Distribution Statement. A statement used in marking a techni-
cal document to denote the conditions of its availability for
distribution, release and disclosure. A distribution statement
marking is distinct from a security classification marking
assigned in accordance with DoD 5200.1-R.
5. Document. Any recorded information regardless of its medium,
physical form, or characteristics.
a. Technical Information. Information, including scientific
information, which relates to research, development, engineering,
test, evaluation, production, operation, use, and maintenance
of munitions and other military supplies and equipment. (JCS,
Pub-1).
b. Technical Document. Any document that presents technical
information.
6. Foreign Government Information. Information that is (a) pro-
vided to the United States by a foreign an international organization of governments, ornanyrelementments,
thereof with the expectation, expressed or implied,.that the
information, the source of information, or both, are to be held in
confidence; or (b) produced by the United States pursuant to or as
a result of a joint arrangement with a foreign government or govern-
ments or an international organization of
element thereof, requiring that the information,~thesarrangement,
or both, are to be held in confidence.
7. Grantee. An organization outside the U.S.
gran un s have been awarded by a sponsoring U.Go to
SVeGovernmentwhich
agency.
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8. Primary Distribution. The initial distribution of or access
to documents authorized by the controlling DoD Components.
9. Public release. Release of technical documents to the general
public, based on declaration of competent authority in accordance
with DoD Directive 5230.9.
10. Secondar Distribution. Any distribution of documents
provi ed a ter primary istribution. It includes the loan,
reading, or the outright release of a document, in whole or in
part.
S
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DISTRIBUTION STATEMENTS
The fallowing distribution statements 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
documents that have been cleared for public release by com-
petent authority in accordance with DoD 5230.9.
b. Documents with this statement may be made available
or sold to the public including foreign nationals, companies,
and governments, and may be exported without a license.
c. This statement may never be used on technical docu-
ments that formerly were classified, without a positive
determination of such releasibility by the DoD controlling
office prior to release.
d. THIS STATEMENT SHALL NOT BE USED ON CLASSIFIED
DOCUMENTS.
2. DISTRIBUTION STATEMENT B: Distribution limited to U.S.
Government agencies only; fill in reason) (date). for this document must be referred to (in). Other re-
quests
DoD office). (insert control-
ling
This statement may be used on unclassified documents,
or on classified documents if necessary to ensure distribution
limitation in addition to need-to-know requirements imposed by
DoD 5200.1-R, or in the event the document is declassified.
b. Reasons for imposing Distribution Statement B include:
Foreign Government To protect and limit distribu-
Information tion in accordance with the de-
sires of the foreign government
that furnished the technical
information. Information of
this type is normally classified
at the CONFIDENTIAL level or
higher in accordance with DoD
5200.1-R.
Proprietary Informa- To protect information not
tion owned by the U.S. Government
and not protected by a con-
tractor's "limited rights"
statement, but received with
the understanding that it may
not be transmitted outside the
U.S. Government.
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Test and Evaluation T
o
pro ect results of test and evalu-
ation of commercial products or military
hardware, when such disclosure may
cause unfair advantage or disadvantage
to the manufacturer of the product.
'Cllurmance To protect information in management
Evaluation reviews, records of contract performance
evaluation, or other advisory documents
evaluating programs of contractors.
Export Limitations Document contains information that may
be released to foreign nationals by
U.S. Government agencies only when
approved by competent authority, or
contains information that would require
an export license if foreign release is
intended.
Administrative/Operational To protect technical or operations data
Use or information from automatic dissemination
under the International Exchange Program
or by other means. This includes publi-
cations required solely for official use
or strictly for administrative or opera-
tional purposes. This statement may be
applied to manuals, pamphlets, technical
orders, technical reports, and other pub-
lications containing valuable technical or
operational data.
Software Documentation Release only in accordance with the pro-
visions of DoD Instruction 7930.2.
Specific Authority To protect information not specifically
included in the above reasons and dis-
cussions, but which requires protection
pursuant to valid documented authority
such as Executive Orders, classification
guidelines, Export Administration Regu-
lation (EAR), International Traffic in
Arms Regulations (ITAR), DoD or DoD
Component regulations or policy guidance.
When filling in the reason, cite "Specific
Authority (identification of valid
documented authority)."
3. DISTRIBUTION STATEMENT C Distribution limited to U.S. Government
agencies an t e r con rac ors; (fill in reason)
requests for this document shall be referred to(insert.conntrolling
DoD office).
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a. May be used on unclassified documents, or on classified
documents if necessary to ensure distribution limitation in
addition to need-to-know requrements imposed by DoD 5200.1-iz,
or in the event the document is declassified.
b. Reasons for imposing Distribution Statement C include:
Critical Technology To protect information and technical
data which advance the state-of-the-art
or describe new technology in an
area of significant or potentially
significant military application, or
relates to a specific military deficiency
of a potential adversary. This control
on critical technology (as defined
in attachment 1) will allow early
dissemination to the U.S. Government
and its domestic contractors in a
manner that will ensure compliance
with the International Traffic in Arms
Regulations (ITAR) and Export Administration
Regulations (EAR).
Administrative/Operational Same as under Distribution Statement B.
Use
Specific Authority Same as under Distribution Statement B.
4. DISTRIBUTION STATEMENT D Distribution limited to DoD and DoD
contractors only; fill in reason) (date). Other requests shall
be referred to (insert controlling DoD office).
a. May be used on unclassified documents, or on classified
documents if necessary to ensure distribution limitation in
addition to need-to-know requirements imposed by DoD 5200.1-R,
or in the event the document is declassified.
b. Reasons for
imposing Distribution Statement D include:
Premature Dissemination To protect information on system or
hardware in the developmental or
concept stage, which must be protected
to prevent premature dissemination.
Software Documentation Same as under Distribution Statement B.
Critical Technology Same as under Distribution Statement C.
Specific Authority Same as under Distribution Statement B.
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5. DISTRIBUTION STATEMENT E Distribution limited to DoD Components
only; fill in reason date). Other requests must be referield
to (insert controlling DoD office).
a. May be used on unclassified documents, or on classified
documents if necessary to ensure DoD distribution limitation in
addition to need-to-know requirements imposed by DoD 5200.1-R,
or in the event the document is declassified.
b. Reasons for imposing Distribution Statement E. include:
Foreign Government S
Information
ame as under Distribution Statement B.
Premature Dissemination Same as under Distribution Statement D.
Software Documentation Sam
e as under Distribution Statement B.
-LIi11"gy Same as under Distribution Statement C.
Specific Authority Same as under Distribution Statement B.
6. DISTRIBUTION STATEMENT F Further dissemination only as directed
by (insert controlling DoD office) (date) or higher DoD authority.
a. Normally used only on classified documents, but may be
used on unclassified documents when specific authority exists.
b. Distribution Statement F is used when the DoD originator
determines that information is subject to special dissemination
limitation specified by paragraph 4-505, DoD 5200.1-R.
c. When a classified document assigned Distribution Statement
F is declassified, the statement shall be retained until the
controlling DoD office assigns the proper distribution statement
from this interim policy.
7. In addition to the distribution statement, the following
notice(s) may be used on all documents assigned Distribution
Statement B, C, D, E, or F.
WARNING
INFORMATION SUBJECT TO EXPORT CONTROL LAWS
This document may contain information subject to the Interna-
tional Traffic in Arms Regulation (ITAR) or the Export Administration
Regulation (EAR) of 1979 which may not be exported, released, or
disclosed to foreign nationals inside or outside the United States
without first obtaining an export license. A violation of the
ITAR or EAR may be subject to a penalty of up and a fine of $100,000 under 22 U.S.C. 2778 Section 2410 of to 10 years impr hisonment
Export Administration Act of 1979. Include this notice with any
reproduced portion of this document. any
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DES'1'i~UC'i'rON NOTICE'
For classified documents, fo7.1oW the procedures in DoD
Chapter 5200
IX or DoD 5220.22-M, "Industrial Security Manua1para'ra h
19? For unclassified documents, destroy by any method which e p
cludes reconstruction of the document. pre -
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1'OR-If1POS~~D_DISTRIBUTIOfv '=;+ i,IT:'
1. Section IX of the Defense Acquisition Regulations (DAR)
stipulates control procedures for contractor-controlled
technical information in which the Government has limited
rights. In this case the approved statement in the DAR must
appear on all copies of each document. Unmarked or improperly
marked technical documents supplied by a contractor will be
handled pursuant to the DAR. Limited rights information will
he assigned Distribution Statement B.
2. The limited rights statement shall remain in effect until
changed or cancelled under contract terms or with the permission
of the contractor, and until the controlling DoD office notifies
recipients of the document that the statement may be changed or
cancelled. Upon cancellation of the statement, the distribution,
disclosure, or release of the technical document will then be
controlled by its security classification, or, if unclassified,
by the appropriate statement selected from those authorized for
use on DoD technical documents.
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