Procedures Governing the Acceptance of Service of Process Upon the Office of the Director of National Intelligence and Its Employees in Their Official, Individual or Combined Official and Individual Capacities, 61771-61772 [E8-24744]
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Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Proposed Rules
OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE
1702.4 Notification to Office of General
Counsel.
1702.5 Interpretation.
32 CFR Part 1702
Authority: The Intelligence Reform and
Terrorism Prevention Act of 2004, Pub. L.
No. 108–458, 118 Stat. 3638 (2004); National
Security Act of 1947, as amended, 50 U.S.C.
401 et seq.; Executive Order 12333, as
amended.
Procedures Governing the Acceptance
of Service of Process Upon the Office
of the Director of National Intelligence
and Its Employees in Their Official,
Individual or Combined Official and
Individual Capacities
Office of the Director of
National Intelligence.
ACTION: Proposed regulation.
AGENCY:
SUMMARY: The ODNI is publishing this
proposed regulation to invite public
comment prior to final adoption of the
regulation governing the procedures it
will follow for the acceptance of service
of process upon the ODNI and its
employees in their official, individual or
combined official and individual
capacities.
Submit comments on or before
November 17, 2008.
ADDRESSES: You may submit comments
by either of the following methods:
Mail: Office of the Director of National
Intelligence—Office of the General
Counsel, Washington, DC 20511,
Attention: Tricia Wellman.
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
FOR FURTHER INFORMATION CONTACT:
Tricia Wellman, 703–275–2527.
SUPPLEMENTARY INFORMATION: The Office
of the Director of National Intelligence
(ODNI) was created by the Intelligence
Reform and Terrorism Prevention Act of
2004, Public Law 108–458, 118
Stat.3638. The ODNI began operations
on April 22, 2005, the day after the first
Director of National Intelligence took
office. Since that time the ODNI has
been working to publish regulations for
matters that may affect the public.
This proposed regulation establishes
the procedures for acceptance of service
of process upon the ODNI and its
employees.
DATES:
Lists of Subjects in 32 CFR Part 1702
jlentini on PROD1PC65 with PROPOSALS
Courts, government employees.
Title 32 of the Code of Federal
Regulations is amended by adding Part
1702 to read as follows:
PART 1702–PROCEDURES
GOVERNING THE ACCEPTANCE OF
SERVICE OF PROCESS
Sec.
1702.1 Scope and purpose.
1702.2 Definitions.
1702.3 Procedures governing acceptance of
service of process.
VerDate Aug<31>2005
17:14 Oct 16, 2008
Jkt 217001
§ 1702.1
Scope and purpose.
This part sets forth the ODNI policy
concerning service of process upon the
ODNI and ODNI employees in their
official, individual or combined official
and individual capacities. This Part is
intended to ensure the orderly
execution of ODNI affairs and is not
intended to impede the legal process.
§ 1702.2
Definitions.
For purposes of this Part the following
terms have the following meanings:
DNI. The Director of National
Intelligence.
General Counsel. The ODNI’s General
Counsel, Acting General Counsel or
Deputy General Counsel.
ODNI. The Office of the Director of
National Intelligence and all of its
components, including, but not limited
to, the National Counterintelligence
Executive, the National
Counterterrorism Center, the National
Counterproliferation Center, the
Program Manager for the Information
Sharing Environment, and all national
intelligence centers and program
managers the DNI may establish.
ODNI Employee. Any current or
former employee, contractor,
independent contractor, assignee or
detailee to the ODNI.
OGC. The Office of the General
Counsel of the ODNI.
Process. A summons, complaint,
subpoena or other document properly
issued by or under the authority of, a
federal, state, local or other government
entity of competent jurisdiction.
§ 1702.3 Procedures governing
acceptance of service of process.
(a) Service of process upon the ODNI
or an ODNI employee in the employee’s
official capacity.
(1) Personal service. Unless otherwise
expressly authorized by the General
Counsel, personal service of process
upon the ODNI or an ODNI employee in
the employee’s official capacity, may be
accepted only by an OGC attorney at
ODNI Headquarters. The OGC attorney
shall write or stamp ‘‘Service Accepted
In Official Capacity Only’’ on the return
of service form.
(2) Mail service. Where service of
process by registered or certified mail is
authorized by law, only an OGC
attorney may accept such service of
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Fmt 4702
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61771
process upon the ODNI or an ODNI
employee in the employee’s official
capacity, unless otherwise expressly
authorized by the General Counsel. The
OGC attorney shall write or stamp,
‘‘Service Accepted In Official Capacity
Only,’’ on the waiver of personal service
form. Service of process by mail must be
addressed to the Office of the Director
of National Intelligence, Office of
General Counsel, Washington, DC
20511, and the envelope must be
conspicuously marked ‘‘Service of
Process.’’
(b) Service of process upon an ODNI
employee solely in the employee’s
individual capacity.
(1) Generally. ODNI employees will
not be required to accept service of
process in their purely individual
capacity on ODNI facilities or premises.
(2) Personal Service. Subject to the
sole discretion of the General Counsel,
process servers generally will not be
allowed to enter ODNI facilities or
premises for the purpose of serving
process upon an ODNI employee solely
in the employee’s individual capacity.
Except for the DNI, the Principal Deputy
Director of National Intelligence, and
the Director of the Intelligence Staff, the
OGC is not authorized to accept service
of process on behalf of any ODNI
employee in the employee’s individual
capacity.
(3) Mail Service. Unless otherwise
expressly authorized by the General
Counsel, ODNI employees are not
authorized to accept or forward mailed
service of process directed to another
ODNI employee in that employee’s
individual capacity. Any such process
will be returned to the sender via
appropriate postal channels.
(c) Service of Process Upon an ODNI
employee in a combined official and
individual capacity. Unless otherwise
expressly authorized by the General
Counsel, service of process, in person or
by mail, upon an ODNI employee in the
employee’s combined official and
individual capacity, may be accepted
only for the ODNI employee in the
employee’s official capacity by an OGC
attorney at ODNI Headquarters. The
OGC attorney shall write or stamp,
‘‘Service Accepted In Official Capacity
Only,’’ on the return of service form.
(d) Acceptance of service of process
shall not constitute an admission or
waiver with respect to jurisdiction,
propriety of service, improper venue or
any other defense in law or equity
available under the laws or rules
applicable to the service of process.
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61772
Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Proposed Rules
§ 1702.4 Notification to Office of General
Counsel.
An ODNI employee who receives or
has reason to expect to receive, service
of process in an official, individual or
combined individual and official
capacity in a matter that may involve
testimony or the furnishing of
documents that could reasonably be
expected to involve ODNI interests,
shall promptly notify the OGC ((703)
275–2527) prior to responding to the
service in any manner, and if possible,
before accepting service.
§ 1702.5
Interpretation.
Any questions concerning
interpretation of this regulation shall be
referred to the Office of General Counsel
for resolution.
Dated: October 2, 2008.
Corin R. Stone,
Deputy General Counsel, Office of the Director
of National Intelligence.
[FR Doc. E8–24744 Filed 10–16–08; 8:45 am]
BILLING CODE 3910–A7–P
(ODNI) was created by the Intelligence
Reform and Terrorism Prevention Act of
2004, Public Law 108–458, 118
Stat.3638. The ODNI began operations
on April 22, 2005, the day after the first
Director of National Intelligence took
office. Since that time the ODNI has
been working to publish regulations for
matters that may affect the public.
This regulation outlines the
procedures current and former ODNI
employees must follow when they
receive a demand for ODNI information
or material in connection with
proceedings before federal, state, local
or other government entity of competent
jurisdiction. These regulations are
typically called Touhy regulations
because of the Supreme Court’s decision
in United States ex rel. Touhy v. Ragen,
340 U.S. 462 (1951), in which the Court
held that an agency employee could not
be held in contempt for refusing to
disclose agency records or information
when following the instructions of his
or her supervisor.
Lists of Subjects in 32 CFR Part 1703
OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE
Courts, government employees.
32 CFR Part 1703
Regulations Governing the Production
of Office of the Director of National
Intelligence Information or Material in
Proceedings Before Federal, State,
Local or Other Government Entity of
Competent Jurisdiction
Office of the Director of
National Intelligence.
ACTION: Proposed regulation.
AGENCY:
The ODNI is publishing this
proposed regulation to invite public
comment prior to final adoption of the
regulation governing the procedures it
will follow for the production of ODNI
information or material in proceedings
before federal, state, local or other
government entity of competent
jurisdiction.
SUMMARY:
Submit comments on or before
November 17, 2008.
ADDRESSES: You may submit comments
by either of the following methods:
Mail: Office of the Director of National
Intelligence—Office of the General
Counsel, Washington, DC 20511,
Attention: Tricia Wellman.
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
FOR FURTHER INFORMATION CONTACT:
Tricia Wellman, (703) 275–2527.
SUPPLEMENTARY INFORMATION: The Office
of the Director of National Intelligence
jlentini on PROD1PC65 with PROPOSALS
DATES:
VerDate Aug<31>2005
17:14 Oct 16, 2008
Jkt 217001
Title 32 of the Code of Federal
Regulations is amended by adding Part
1703 to read as follows:
PART 1703—PRODUCTION OF ODNI
INFORMATION OR MATERIAL IN
PROCEEDINGS BEFORE FEDERAL,
STATE, LOCAL OR OTHER
GOVERNMENT ENTITY OF
COMPETENT JURISDICTION
Sec.
1703.1
1703.2
1703.3
1703.4
1703.5
Scope and purpose.
Definitions.
General.
Procedure for production.
Interpretation.
Authority: The Intelligence Reform and
Terrorism Prevention Act of 2004, Public
Law No. 108–458, 118 Stat. 3638 (2004);
National Security Act of 1947, as amended,
50 U.S.C. sec. 401 et seq.; Executive Order
12333, as amended; and United States ex rel.
Touhy v. Ragen, 340 U.S. 462 (1951).
§ 1703.1
Scope and purpose.
This Part sets forth the policy and
procedures with respect to the
production or disclosure of material
contained in the files of the ODNI,
information relating to or based upon
material contained in the files of the
ODNI, and information acquired by any
person while such person was an
employee of the ODNI as part of the
performance of that person’s official
duties or because of that person’s
association with the ODNI.
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Fmt 4702
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§ 1703.2
Definitions.
The following definitions apply to
this Part:
Defenses: Any and all legal defenses,
privileges or objections available to the
ODNI in response to a demand.
Demand:
(1) Any subpoena, order or other legal
summons issued by a federal, state,
local or other government entity of
competent jurisdiction with the
authority to require a response on a
particular matter or a request for
appearance of an individual where a
demand could issue.
(2) Any request for production or
disclosure which may result in the
issuance of a subpoena, order, or other
legal process to compel production or
disclosure.
DNI: The Director of National
Intelligence.
General Counsel: The ODNI’s General
Counsel, Acting General Counsel or
Deputy General Counsel.
ODNI: The Office of the Director of
National Intelligence and all of its
components, including, but not limited
to, the Office of the National
Counterintelligence Executive, the
National Counterterrorism Center, the
National Counterproliferation Center,
the Program Manager for the
Information Sharing Environment, and
all national intelligence centers and
program managers the DNI may
establish.
ODNI Employee: Any current or
former employee, contractor,
independent contractor, assignee or
detailee to the ODNI.
ODNI Information or Material:
Information or material that is contained
in ODNI files, related to or based upon
material contained in ODNI files or
acquired by any ODNI employee as part
of that employee’s official duties or
because of that employee’s association
with the ODNI.
OGC: The Office of the General
Counsel of the ODNI.
OGC Attorney: Any attorney in the
OGC.
Proceeding: Any matter before a court
of law, administrative law judge,
administrative tribunal or commission
or other body that conducts legal or
administrative proceedings, and
includes all phases of the proceeding.
Production or Produce: The
disclosure of ODNI information or
material in response to a demand.
§ 1703.3
General.
(a) No ODNI employee shall respond
to a demand for ODNI information or
material without prior authorization as
set forth in this Part.
(b) This part is intended only to
provide procedures for responding to
E:\FR\FM\17OCP1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 202 (Friday, October 17, 2008)]
[Proposed Rules]
[Pages 61771-61772]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24744]
[[Page 61771]]
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OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
32 CFR Part 1702
Procedures Governing the Acceptance of Service of Process Upon
the Office of the Director of National Intelligence and Its Employees
in Their Official, Individual or Combined Official and Individual
Capacities
AGENCY: Office of the Director of National Intelligence.
ACTION: Proposed regulation.
-----------------------------------------------------------------------
SUMMARY: The ODNI is publishing this proposed regulation to invite
public comment prior to final adoption of the regulation governing the
procedures it will follow for the acceptance of service of process upon
the ODNI and its employees in their official, individual or combined
official and individual capacities.
DATES: Submit comments on or before November 17, 2008.
ADDRESSES: You may submit comments by either of the following methods:
Mail: Office of the Director of National Intelligence--Office of
the General Counsel, Washington, DC 20511, Attention: Tricia Wellman.
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
FOR FURTHER INFORMATION CONTACT: Tricia Wellman, 703-275-2527.
SUPPLEMENTARY INFORMATION: The Office of the Director of National
Intelligence (ODNI) was created by the Intelligence Reform and
Terrorism Prevention Act of 2004, Public Law 108-458, 118 Stat.3638.
The ODNI began operations on April 22, 2005, the day after the first
Director of National Intelligence took office. Since that time the ODNI
has been working to publish regulations for matters that may affect the
public.
This proposed regulation establishes the procedures for acceptance
of service of process upon the ODNI and its employees.
Lists of Subjects in 32 CFR Part 1702
Courts, government employees.
Title 32 of the Code of Federal Regulations is amended by adding
Part 1702 to read as follows:
PART 1702-PROCEDURES GOVERNING THE ACCEPTANCE OF SERVICE OF PROCESS
Sec.
1702.1 Scope and purpose.
1702.2 Definitions.
1702.3 Procedures governing acceptance of service of process.
1702.4 Notification to Office of General Counsel.
1702.5 Interpretation.
Authority: The Intelligence Reform and Terrorism Prevention Act
of 2004, Pub. L. No. 108-458, 118 Stat. 3638 (2004); National
Security Act of 1947, as amended, 50 U.S.C. 401 et seq.; Executive
Order 12333, as amended.
Sec. 1702.1 Scope and purpose.
This part sets forth the ODNI policy concerning service of process
upon the ODNI and ODNI employees in their official, individual or
combined official and individual capacities. This Part is intended to
ensure the orderly execution of ODNI affairs and is not intended to
impede the legal process.
Sec. 1702.2 Definitions.
For purposes of this Part the following terms have the following
meanings:
DNI. The Director of National Intelligence.
General Counsel. The ODNI's General Counsel, Acting General Counsel
or Deputy General Counsel.
ODNI. The Office of the Director of National Intelligence and all
of its components, including, but not limited to, the National
Counterintelligence Executive, the National Counterterrorism Center,
the National Counterproliferation Center, the Program Manager for the
Information Sharing Environment, and all national intelligence centers
and program managers the DNI may establish.
ODNI Employee. Any current or former employee, contractor,
independent contractor, assignee or detailee to the ODNI.
OGC. The Office of the General Counsel of the ODNI.
Process. A summons, complaint, subpoena or other document properly
issued by or under the authority of, a federal, state, local or other
government entity of competent jurisdiction.
Sec. 1702.3 Procedures governing acceptance of service of process.
(a) Service of process upon the ODNI or an ODNI employee in the
employee's official capacity.
(1) Personal service. Unless otherwise expressly authorized by the
General Counsel, personal service of process upon the ODNI or an ODNI
employee in the employee's official capacity, may be accepted only by
an OGC attorney at ODNI Headquarters. The OGC attorney shall write or
stamp ``Service Accepted In Official Capacity Only'' on the return of
service form.
(2) Mail service. Where service of process by registered or
certified mail is authorized by law, only an OGC attorney may accept
such service of process upon the ODNI or an ODNI employee in the
employee's official capacity, unless otherwise expressly authorized by
the General Counsel. The OGC attorney shall write or stamp, ``Service
Accepted In Official Capacity Only,'' on the waiver of personal service
form. Service of process by mail must be addressed to the Office of the
Director of National Intelligence, Office of General Counsel,
Washington, DC 20511, and the envelope must be conspicuously marked
``Service of Process.''
(b) Service of process upon an ODNI employee solely in the
employee's individual capacity.
(1) Generally. ODNI employees will not be required to accept
service of process in their purely individual capacity on ODNI
facilities or premises.
(2) Personal Service. Subject to the sole discretion of the General
Counsel, process servers generally will not be allowed to enter ODNI
facilities or premises for the purpose of serving process upon an ODNI
employee solely in the employee's individual capacity. Except for the
DNI, the Principal Deputy Director of National Intelligence, and the
Director of the Intelligence Staff, the OGC is not authorized to accept
service of process on behalf of any ODNI employee in the employee's
individual capacity.
(3) Mail Service. Unless otherwise expressly authorized by the
General Counsel, ODNI employees are not authorized to accept or forward
mailed service of process directed to another ODNI employee in that
employee's individual capacity. Any such process will be returned to
the sender via appropriate postal channels.
(c) Service of Process Upon an ODNI employee in a combined official
and individual capacity. Unless otherwise expressly authorized by the
General Counsel, service of process, in person or by mail, upon an ODNI
employee in the employee's combined official and individual capacity,
may be accepted only for the ODNI employee in the employee's official
capacity by an OGC attorney at ODNI Headquarters. The OGC attorney
shall write or stamp, ``Service Accepted In Official Capacity Only,''
on the return of service form.
(d) Acceptance of service of process shall not constitute an
admission or waiver with respect to jurisdiction, propriety of service,
improper venue or any other defense in law or equity available under
the laws or rules applicable to the service of process.
[[Page 61772]]
Sec. 1702.4 Notification to Office of General Counsel.
An ODNI employee who receives or has reason to expect to receive,
service of process in an official, individual or combined individual
and official capacity in a matter that may involve testimony or the
furnishing of documents that could reasonably be expected to involve
ODNI interests, shall promptly notify the OGC ((703) 275-2527) prior to
responding to the service in any manner, and if possible, before
accepting service.
Sec. 1702.5 Interpretation.
Any questions concerning interpretation of this regulation shall be
referred to the Office of General Counsel for resolution.
Dated: October 2, 2008.
Corin R. Stone,
Deputy General Counsel, Office of the Director of National
Intelligence.
[FR Doc. E8-24744 Filed 10-16-08; 8:45 am]
BILLING CODE 3910-A7-P
