32 CFR 1660.2 – Applicability
This part:
Terms Used In 32 CFR 1660.2
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) Applies to all SSS personnel (see § 1660.3), in particular, members and personnel of the Office of the Director, National Headquarters Directorates and Offices, Region Offices, Data Management Center, the National Appeals Board, District Appeals Boards, Local Boards (including panels, multicounty, and intercounty boards), and all other organizational entities within the SSS (referred to collectively in this part as the “SSS Components”).
(b) Is intended only to provide guidance for the internal operations of the SSS, 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 the presentation of witness testimony in connection with:
(1) Administrative proceedings or investigations conducted by or for a SSS Component.
(2) Security-clearance adjudicative proceedings.
(3) Administrative proceedings conducted by or for the Equal Employment Opportunity Commission or the Merit Systems Protection Board.
(4) Negotiated grievance proceedings conducted in accordance with a collective bargaining agreement.
(5) Requests by Government counsel representing the United States or a Federal agency in litigation.
(6) Disclosures to Federal, State, local, or foreign authorities related to investigations or other law-enforcement activities.
(e) Does not affect in any way existing laws or SSS 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 1662, even if the records sought are related to litigation.
(3) Privacy Act requests submitted pursuant to 32 CFR part 1665, 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 SSS or the United States.