scope:

Purpose. To provide policy and procedures for reviewing technical data and official information under the cognizance and/or control of the SPAWAR claimancy and supported Program Executive Offices (PEOs) that is intended for public release. In addition to the references, enclosure (1) lists applicable instructions and guidance documents. Terms used in this instruction are defined in enclosure (2).

Applicability and Scope

a. It is Department of Defense (DoD) policy to make available to the public as much information concerning its activities as possible, consistent with the need to protect national security interests. Enclosure (1) lists instructions and applicable guidance for the release of information. Applicable directives and guidance emphasize the need for federal agencies to place releasable information in Web-based systems accessible by the public electronically in order to minimize the cost to the federal government of the creation, collection, maintenance, use, dissemination, and disposition of such information. These systems provide for timely dissemination of information releasable to the public on equitable terms and in a manner that promotes the utility of the released information.

b. This instruction is applicable to the organizations and personnel as listed in paragraph 2.d. below. It implements pertinent policies, guidance and procedures contained in the references and the documents listed in enclosure (1) as they relate to the release of government information to the public.

c. Except as noted below, this instruction applies to all forms of unclassified command information intended for public release, including technical data and information that is For Official Use Only, sensitive but unclassified, or export controlled. This instruction applies to information prepared by all personnel, to include contractors operating under contractual provisions and/or non-disclosure agreements, within the organizations listed below. Such information extends to military matters, national security interests, and subjects of concern that are under the cognizance of the SPAWAR claimancy and supported PEOs.

d. Personnel within the following organizations and categories shall adhere to the policies and procedures set forth in this instruction:

   (1) SPAWAR Headquarters and field activities;

   (2) PEO offices supported by SPAWAR;

   (3) SPAWAR/PEO contractors and sub-contractors;

   (4) DoD or non-DoD personnel acting in a private capacity who voluntarily submit information to SPAWAR for review to ensure that it is authorized for and properly released to the public;

   (5) Retired DoD personnel, former DoD employees, and non-active duty members of Reserve components who request SPAWAR review of information proposed for public release; and,

   (6) Students (college, midshipmen, cadets, etc.) and faculty members (military DoD and non-DoD civilians) who request SPAWAR review of papers or materials containing government information to fulfill academic requirements in DoD-sponsored courses, if the material is intended for public release outside the academic institution or is to be made available in publicly accessible forums, or who prepared such papers or materials containing such information for non-DoD-sponsored courses.

e. This instruction does not apply to the following:

   (1) Classified documents and materials. See references (c) and (f).

   (2) Requests for the release of information made under the Freedom of Information Act (FOIA). The release of information under FOIA is under the cognizance of the SPAWAR FOIA Coordinator (00C) and is governed by reference (d) and the applicable laws and regulations cited therein.

   (3) Documents within the cognizance of the SPAWAR Inspector General/Staff Judge Advocate. 

   (4) Information contained in documents and materials (i.e., any Web-based, written or oral communication, including but not limited to a presentation, briefing, speech, college research paper, oral discussion, email, memo or meeting minutes) must be approved for release by cognizant program manager or department director with release authority and an official notification from the SPAWAR Office of Public Affairs (00P). The official notification shall include a distribution statement that details the scope of releasability of the information (i.e., the audience authorized to receive the information). Details relating to distribution statements are contained in applicable regulations listed in enclosure (1) and are summarized in enclosure (2).

   (5) Release of documents relating to litigation. See reference (h).