[Federal Register Volume 73, Number 202 (Friday, October 17, 2008)]
[Proposed Rules]
[Pages 61771-61772]
From the Federal Register Online via the Government Publishing 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.

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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: http://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.

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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]
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