Appendix A - Appendix A to Part 97—Litigation Requests and Demands to the Department of the Army

A litigation request or demand to the Department of the Army (DA) must be submitted at least 14 days before the desired date to the appropriate disclosure authority:

(a) Staff Judge Advocates (SJAs), chief counsel, and legal advisors are the disclosure authorities for requests and demands involving unclassified information within the custody, control, or knowledge of their respective organizations when the United States has no interest in the litigation. Requests and demands will be processed by local legal offices (in consultation with Litigation Division as needed) subject to the limitations in this appendix.

(b) The General Litigation Branch, Litigation Division, U.S. Army Legal Services Agency (USALSA), 9275 Gunston Road, Fort Belvoir, VA 22060, is the disclosure authority or may delegate disclosure authority for requests and demands involving:

(1) Terrorism, espionage, nuclear weapons, or intelligence sources and methods.

(2) Classified information.

(3) Privileged information.

(4) Technical data pursuant to 32 CFR part 250.

(5) Safety records and information produced by commands, installation safety offices, or the U.S. Army Combat Readiness Command and Safety Center (USACRC).

(6) Expert testimony.

(7) All other matters not listed in this appendix.

(c) Army Medical Center and Command Judge Advocates and supporting SJAs (in consultation with the Defense Health Agency as needed) are the disclosure authorities for requests and demands involving medical records or other information within the custody, control, or knowledge of their respective permanent station hospitals. For requests and demands involving factual testimony by medical providers, Commanders (in consultation with their legal advisors) are the disclosure authorities for their respective Medical Commands when the United States has no interest in the litigation.

(d) The Contract Litigation & Intellectual Property Division, USALSA, 9275 Gunston Road, Fort Belvoir, VA 22060, is the disclosure authority for requests and demands involving:

(1) Patents, copyrights, trade secrets, or trademarks.

(2) Taxation matters.

(3) Bid protests or contract appeals before the Armed Services Board of Contract Appeals (ASBCA) or the Government Accountability Office, except that contracting officers (in coordination with their servicing SJAs and the Division-assigned trial attorney) may release official information for use in litigation before the ASBCA, pursuant to 48 CFR part 5, subpart 5.4 (the Federal Acquisition Regulation (FAR)).

(e) The Procurement Fraud Division, USALSA, 9275 Gunston Road, Fort Belvoir, VA 22060, is the disclosure authority for requests and demands involving procurement fraud matters, including qui tam actions.

(f) The Environmental Law Division, USALSA, 9275 Gunston Road, Fort Belvoir, VA 22060, is the disclosure authority for requests and demands involving:

(1) Energy, communication, transportation, or utility service proceedings.

(2) Environmental or natural resources matters, to include water rights and affirmative environmental cost recovery.

(g) The Tort Litigation Branch, Litigation Division, USALSA, 9275 Gunston Road, Fort Belvoir, VA 22060, is the disclosure authority for requests and demands involving medical care cost recovery or property claims brought by the United States.

(h) The Office of the Chief Counsel, U.S. Army Corps of Engineers (USACE), 441 G Street NW, Washington, DC, 20314-1000, is the disclosure authority for requests and demands involving USACE navigation, civil works, Clean Water Act 404 permit authority, environmental response activities, or real property functions.

(i) DA personnel may not release Inspector General (IG) records or present testimony involving information obtained through the performance of IG duties, except with the approval of the Secretary of the Army, The Inspector General (TIG), the TIG Legal Advisor, or the Chief, Litigation Division.