§ 97.2 - Applicability.

§ 97.2 Applicability and scope.

This part:

(a) This directive applies Applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Organization Office of the Chairman of the Joint Chiefs of Staff (OJCS)and the Joint Staff, the Unified and Specified Combatant Commands, and the Defense Agencies (hereafter referred to as “DoD Components”), and to all personnel of such DoD Components.

(b) This directive does not

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 (referred to collectively in this part as the “DoD Components”).

(b) Is intended only to provide guidance for the internal operations of the DoD, without displacing the responsibility of the Department of Justice to represent the United States in litigation.

(c) Does not preclude official comments on matters in litigation.

(d) Does not apply to the release of official information or

testimony by DoD personnel in the following situations

the presentation of witness testimony in connection with:

(1)

Before courts

Courts-martial convened by the authority of

the Military Departments or in administrative proceedings

a Military Department.

(2) Administrative proceedings or investigations conducted by or

on behalf of

for a DoD Component

; (2) Pursuant to administrative

.

(3) Security-clearance adjudicative proceedings, including those conducted pursuant to DoD Directive 5220.6, “Defense Industrial Personnel Security Clearance Review Program,” January 2, 1992, as amended (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/522006p.pdf).

(4) Administrative proceedings conducted by or

on behalf of

for the Equal Employment Opportunity Commission

(EEOC)

or the Merit Systems Protection Board.

(

MSPB), or pursuant to a negotiated grievance procedure under

5) Negotiated grievance proceedings conducted in accordance with 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

.

(6) Requests by Government counsel representing the United States or a Federal agency in litigation.

(7) Disclosures to Federal, State,

and local prosecuting and law enforcement authorities, in conjunction with an investigation

local, or foreign authorities related to investigations or other law-enforcement activities conducted by a DoD

criminal investigative

law-enforcement officer, agent, or organization.

(

c

e)

This Directive does not supersede or modify

Does not affect in any way 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, enforceable at law against the United States or the Department of Defense

programs governing:

(1) The release of official information or the presentation of witness testimony in grand jury proceedings.

(2) Freedom of Information Act requests submitted pursuant to 32 CFR part 286, even if the records sought are related to litigation.

(3) Privacy Act requests submitted pursuant to 32 CFR part 310, even if the records sought are related to litigation.

(4) The release of official information outside of litigation.

(f) Does not create any right or benefit (substantive or procedural) enforceable at law against the DoD or the United States.