[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR97.2]



[Page 510-511]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 97_RELEASE OF OFFICIAL INFORMATION IN LITIGATION AND TESTIMONY BY 

DoD PERSONNEL AS WITNESSES--Table of Contents

 

Sec.  97.2  Applicability and scope.



    (a) This directive applies to the Office of the Secretary of Defense 

(OSD), the Military Departments, the Organization of the Joint Chiefs of 

Staff (OJCS), the Unified and Specified Commands, and the Defense 

Agencies (hereafter referred to as ``DoD Components''), and to all 

personnel of such DoD Components.

    (b) This directive does not apply to the release of official 

information or testimony by DoD personnel in the following situations:

    (1) Before courts-martial convened by the authority of the Military 

Departments or in administrative proceedings conducted by or on behalf 

of a DoD Component;

    (2) Pursuant to administrative proceedings conducted by or on behalf 

of the Equal Employment Opportunity Commission (EEOC) or the Merit 

Systems Protection Board (MSPB), or pursuant to a negotiated grievance 

procedure under a collective bargaining agreement to which the 

Government is a party;

    (3) In response to requests by Federal Government counsel in 

litigation conducted on behalf of the United States;

    (4) As part of the assistance required pursuant to DoD Directive 

5220.6, ``Industrial Personnel Security Clearance Program,'' December 20 

1976; or,

    (5) Pursuant to disclosure of information to Federal, State, and 

local prosecuting and law enforcement authorities, in conjunction with 

an investigation conducted by a DoD criminal investigative organization.

    (c) This Directive does not supersede or modify existing laws or DoD 

program governing the testimony of DoD personnel or the release of 

official DoD information during grand jury proceedings, the release of 

official information not involved in litigation, or the release of 

official information pursuant to the Freedom of Information Act, 5 

U.S.C. 552, or the Privacy Act, 5 U.S.C. 552a, nor does this Directive 

preclude treating any written request for agency records that is not in 

the nature of legal process as a request under the Freedom of 

Information or Privacy Acts.

    (d) This Directive is not intended to infringe upon or displace the 

responsibilities committed to the Department of Justice in conducting 

litigation on behalf of the United States in appropriate cases.

    (e) This Directive does not preclude official comment on matters in 

litigation in appropriate cases.

    (f) This Directive is intended only to provide guidance for the 

internal operation of the Department of Defense and is not intended to, 

does not, and may not be relied upon to create any right or benefit, 

substantive or procedural,



[[Page 511]]



enforceable at law against the United States or the Department of 

Defense.