scope:

Applicability and Scope

a. This directive applies to the Secretary of the Navy (SECNAV) Secretariat offices, the Chief of Naval Operations (CNO), the Commandant of the Marine Corps (CMC), and all U.S. Navy and U.S. Marine Corps activities, installations, and commands.

b. Nothing in this instruction negates the Department's legal responsibility to take immediate steps to preserve documentary material in every format, including paper and electronic, that may be relevant to reasonably foreseeable litigation.

c. This instruction is intended to complement existing Department of Defense (DoD) and DON regulations, directives, and instructions addressing the provision of documentary material to entities outside the Department of the Navy. It does not supersede or modify existing laws, DoD or DON regulations, directives or instructions.

d. This instruction does not apply to requests for information under the Freedom of Information Act (FOIA), section 552 of title 5, United States Code (U.S.C.). Reference (a) sets forth DON processes to make information available to the public pursuant to FOIA requests.

e. This instruction provides guidance for the internal operation of the Department of the Navy only. It is not intended to and does not and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law or equity against the United States, the Department of Defense, or the Department of the Navy.

Purpose. To establish policies that coordinate procedures and assign responsibilities for the Department of the Navy (DON) to expeditiously locate, preserve, review, and produce documentary material in response to subpoenas, document production requests in litigation, congressional inquiries, requests from U.S. Government agencies, and other similar requests.