[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: 32CFR97.3]



[Page 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.  97.3  Definitions.



    (a) Demand. Subpoena, order, or other demand of a court of competent 

jurisdiction, or other specific authority, for the production, 

disclosure, or release of official DoD information or for the appearance 

and testimony of DoD personnel as witnesses.

    (b) DoD personnel. Present and former U.S. military personnel; 

Service Academy cadets and midshipmen; and present and former civilian 

employees of any Component of the Department of Defense, including 

nonappropriated fund activity employees; non-U.S. nationals who perform 

services overseas, under the provisions of status of forces agreements, 

for the U.S. Armed Forces; and other specific individuals hired through 

contractual agreements by or on behalf of the Department of Defense.

    (c) Litigation. All pretrial, trial, and post-trial stages of all 

existing or reasonably anticipated judicial or administrative actions, 

hearings, investigations, or similar proceedings before civilian courts, 

commissions, boards (including the Armed Services Board of Contract 

Appeals), or other tribunals, foreign and domestic. This term includes 

responses to discovery requests, depositions, and other pretrial 

proceedings, as well as responses to formal or informal requests by 

attorneys or others in situations involving litigation.

    (d) Official information. All information of any kind, however 

stored, that is in the custody and control of the Department of Defense, 

relates to information in the custody and control of the Department, or 

was acquired by DoD personnel as part of their official duties or 

because of their official status within the Department while such 

personnel were employed by or on behalf of the Department or on active 

duty with the U.S. Armed Forces.