[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: 32CFR93.7]



[Page 504-505]

 

                       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.  93.7  Responsibilities.



    (a) The General Counsel. The GC is responsible for overseeing NSA 

compliance with Sec.  93.1(a) and this part 93, and for consulting with 

DoJ when appropriate. In response to a litigation demand requesting 

official information or the testimony of NSA personnel as witnesses, the 

GC will coordinate NSA action to determine whether official information 

may be released and whether NSA personnel may be interviewed, contacted, 

or used as witnesses. The GC will determine what, if any, conditions 

will be imposed upon such release, interview, contact, or testimony. In 

most cases, an NSA attorney will be present when NSA personnel are 

interviewed or testify concerning official information. The GC may 

delegate these authorities.



[[Page 505]]



    (b) The Deputy Director for Plans and Policy (DDPP). The DDPP will 

assit the GC, upon request, in identifying and coordinating with NSA 

components that have cognizance over official information requested in a 

litigation demand. Additionally, the DDPP will advise the GC on the 

classified status of official information, and, when necessary, assist 

in declassifying, redacting, substituting, or summarizing official 

information for use in litigation. The DDPP may require the assistance 

of other Key Component Chiefs.

    (c) Chiefs of Key Components and Field Activities. Chiefs of Key 

Components and Field Activities shall ensure that their personnel are 

informed of the contents of this part 93, particularly of the 

requirements to consult with the OGC prior to responding to any 

litigation demand, and to inform the OGC whenever they receive service 

of process that is not clearly in their individual capacities. Field 

Chiefs will notify the OGC of the persons they designate under Sec.  

93.5(b)(3).

    (d) The Deputy Director for Administration (DDA). Within 60 days of 

the date of this part, the DDA shall submit to the GC for approval 

procedures for the attempted delivery of service of process during duty 

hours when an attorney of the OGC is not available.