[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR93.3]



[Page 501-502]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 93_ACCEPTANCE OF SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION 

IN LITIGATION; AND TESTIMONY BY NSA PERSONNEL AS WITNESSES--Table of Contents

 

Sec.  93.3  Definitions.



    (a) Service of process. Refers to the delivery of a summons and 

complaint, or other document the purpose of which is to give notice of a 

proceeding or to establish the jurisdiction of a court or administrative 

proceeding, in the manner prescribed by Sec.  93.1(d), to an officer or 

agency of the United States named in court or administrative 

proceedings.

    (b) Demand. Refers to the delivery of a subpoena, order, or other 

directive of a court of competent jurisdiction, or other specific 

authority, for the production, disclosure, or release of official 

information, or for the appearance and testimony of NSA personnel as 

witnesses.

    (c) NSA personnel. (or NSA person) Includes present and former 

civilian employees of NSA (including non-appropriated fund activity 

employees), and present and former military personnel assigned to NSA. 

NSA personnel also includes non-U.S. nationals who perform services 

overseas for NSA under the provisions of status of forces or other 

agreements, and specific individuals hired through contractual 

agreements by or on behalf of NSA.

    (d) Litigation. Refers to all pretrial, trial, and post-trial stages 

of all existing or reasonably anticipated judicial or administrative 

actions, hearings, investigations, or similar proceedings before 

civilian courts, commissions, boards, or other tribunals, foreign and 

domestic. It includes responses to discovery requests, depositions, and 

other pretrial proceedings, as well as responses to formal or informal 

requests by attorneys or others in situations involving litigation.

    (e) Official information. Is information of any kind, in any storage 

medium, whether or not classified or protected from disclosure by Sec.  

93.l(c) that:

    (1) Is in the custody and control of NSA; or

    (2) Relates to information in the custody and control of NSA; or

    (3) Was acquired by NSA personnel as part of their official duties 

or because of their official status within NSA.

    (f) General Counsel. Refers to the NSA General Counsel (GC), or in 

the GC's absence, the NSA Deputy GC, or in both of their absences, the 

NSA Assistant GC (Administration/Litigation).



[[Page 502]]



    (g) NSA attorney. Refers to an attorney in the NSA Office of General 

Counsel (OGC).