(8) Payment of certain city income taxes as authorized by OPM Regulation and the Treasury Fiscal Requirements Manual.

(9) Payment of labor organization dues as authorized by DoD Directive 1426.1,1 "Labor-Management Relations in the Department of Defense".

(10) Charitable contributions to a Combined Federal Campaign as authorized by DoD Directive 5035.1,1 "FundRaising within the Department of Defense" and DoD Instruction 5035.5, "DoD Combined Federal CampaignOverseas Area (CFC-OA)”.

(11) Purchase of U.S. savings bonds. Employees normally will be permitted only two such allotments at any one time. Additional allotments for amounts of $18.75 or more in approved increments may be authorized to the extent the pay system can accommodate such allotments.

(12) Payment of dues to a professional or other association. One allotment in a calendar year may be made by an employee to an association when the association:

(i) Provides some worthwhile function or service that would contribute to the agency's mission and programs or to the morale and welfare of the agency's employees. (See also DoD Instruction 5010.30,1 "Intramanagement Communication and Consultation".)

(ii) Has a sufficient number of members who request dues withholding to justify the administrative arrangements required; that is, a minimum of either 50 participants, or 1 percent of the total number, paid by the payroll office. This criterion may be waived by the Assistant Secretary of Defense (Manpower, Reserve Affairs, and Logistics) for associations of supervisors when circumstances warrant.

(iii) Is not a labor organization eligible for recognition under DoD Directive 1426.11 does not have the characteristics or purposes of a labor organization, and is not affiliated with a labor organization or federation labor organizations.

of

(iv) Is a lawful nonprofit organization. The organization's constitution

1 Copies may be obtained, if needed, from the U.S. Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, PA. 19120. Attention: Code: 301.

and bylaws must indicate that the organization subscribes to certain minimum standards of fiscal responsibility and that it employs democratic principles in the nomination and election of officers.

(v) Does not discriminate in regard to the terms or conditions of membership because of race, color, creed, sex, age, or national origin.

(vi) Does not advocate and has not assisted or participated in a strike. work stoppage, or slowdown against the Government of the United States or any agency thereof, nor does it impose a duty or obligation on its members to conduct, assist, or participate in such a strike.

(vii) Does not advocate the overthrow of the constitutional form of Government in the United States.

(viii) Agrees to reimburse the United States for the full cost of establishing the allotment and making payment to the organization. Such costs will not be passed on to the employee by any special charge or assessment in excess of that paid by other members. This reimbursement may be waived, in whole or in part, by the ASD (MRA&L) for associations of supervisors when warranted.

(ix) Meets any additional criteria imposed by the Military Departments or Defense Agencies, or by the individual payroll offices.

(b) Eligibility rules. Eligibility for the making of an allotment is dependent on such factors as residents of employee, place of employment and type of allotment desired. The specific rules listed below are summarized in the table "Allotments of Pay," enclosure 1. The table is in general terms and is for general guidance only. The specific rules are listed below:

(1) An employee may make an allotment of pay as provided in paragraphs (a) (1), (2)(i), (3) through (6), (11), and (12) of this section when the employee is:

(i) Assigned to a post of duty outside the continental United States;

(ii) Working on an assignment away from his regular post of duty when the assignment is expected to continue for 3 months or more;

(iii) Serving as an officer or member of a crew of a vessel under the control of the Federal Government.

(2) An employee whose place of employment is within the continental United States may authorize an allotment of pay as provided in paragraph (a) (2)(ii) and (5), (11), and (12) of this section.

(3) An employee, who is employed outside of, but is a resident in, a State or the District of Columbia with which the Department of the Treasury has entered into an agreement to withhold income taxes from the pay of employees in accordance with the procedures prescribed in the Treasury Fiscal Requirements Manual, may make an allotment of pay for the purpose specified in paragraph (a)(7).

(4) An employee, who is employed in, or a resident of, a city with which the Department of the Treasury has entered into an agreement to withhold city income taxes in accordance with the procedures prescribed in the Treasury Fiscal Requirements Manual, may make an allotment of pay for the purpose specified in paragraph (a)(8).

(5) An employee who meets the eligibility requirements prescribed in DoD Directive 1426.1,1 may make an allotment of pay for the purpose specified in paragraph (a)(9) of this section.

(6) An employee who meets the eligibility requirements prescribed in DoD Directive 5035.11may make an allotment of pay for the purpose specified in § 89.4(a)(10).

(c) Emergency allotments. Allotments may be authorized to become effective during an emergency evacuation in accordance with provisions of the OPM Regulation, such allotments will not become effective until an evacuation order has been issued.

(d) Allotments for foreign nationals. Foreign nationals employed by the Department of Defense (DoD) and working outside their own country on assignments of three or more months duration may be permitted to make allotments for any of the purposes author

1 See footnote 1 to this section.

ized in paragraph (a) of this section, providing all other provisions of this part are observed.

(1) Foreign nationals employed by the DoD to work in their own countries or in the Canal Zone may be permitted to make allotments for the purposes shown in paragraph (a) (9) and (10) of this section, and to pay premiums on group health benefits and group life insurance.

(2) Foreign nationals may be permitted to make other allotments from pay when such allotments are based on local customs and practices or are pursuant to treaties or country-to-country agreements.

(e) Allotment limitations. (1) A power of attorney will not be accepted to establish, change, or discontinue an allotment.

(2) Allotment payments shall be made in accordance with the schedule established by the particular department or agency of the DoD, provided such allotment checks are not issued until the related earnings have accrued. This shall be stipulated as a requirement for the allotment.

(3) Except as provided by paragraph (a)(2) and (11), a DoD employee shall not have more than one allotment payable to the same allottee at the same time.

(4) Allotments will not exceed the pay due the allotter.

(f) Discontinuance of allotments. Allotments will be discontinued:

(1) Upon receipt of: (i) Notice of retirement, separation, or death of the allotter;

(ii) Notice that the allotter has been placed in an extended leave without pay status;

(iii) Written notice from the allotter unless this right is otherwise restricted by law;

(iv) Notice of death of the allottee; or (v) Notice that the whereabouts of the allottee is unknown.

(2) When the conditions under which an allotment was permitted no longer exist.

190-116 D-00--15

PART 93-ACCEPTANCE OF SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA PERSONNEL AS WITNESSES

ec.

11 References.

12 Purpose and applicability.

13 Definitions.

84 Policy.

8.5 Procedures.

6.6 Fees.

$7 Responsibilities.

AUTHORITY: E.O. 12333, 3 CFR, 1981 Comp., 200, 50 U.S.C. apps. 401, 402.

SOURCE: 56 FR 51328, Oct. 11, 1991, unless therwise noted.

93.1 References.

(a) DoD Directive 5405.2,1 "Release of fficial Information in Litigation and estimony by DoD Personnel as Witesses," July 23, 1985, reprinted in 32 FR part 97.

(b) E.O. 12333, United States Inteligence Activities, 3 CFR, 1981 Comp., . 200, reprinted in 50 U.S.C. app. 401. (c) The National Security Agency ct of 1959, Public Law No. 86-36, as mended, 50 U.S.C. app. 402.

(d) Rule 4, Federal Rules of Civil Proedure.

(e) DoD Instruction 7230.7,2 "User harges”, January 29, 1985.

(f) 28 CFR 50.15.

93.2 Purpose and applicability.

(a) This part implements §93.1(a) in the National Security Agency/Central Security Service including all field sites (hereinafter referred to collecively as NSA). The procedures herein are also promulgated pursuant to the SA's independent authority, under 1.12(b)(10) of E.O. 12333 referenced inder §93.1(b), to protect the security of its activities, information and emloyees. This part establishes policy, ssigns responsibilities, and prescribes mandatory procedures for service of rocess at NSA and for the release of fficial information in litigation by SA personnel, through testimony or therwise.

Copies may be obtained, at cost, from the ational Technical Information Service, 5285 ort Royal Road, Springfield, VA 22161. See footnote 1 to §93.1(a).

(b) This part is intended only to provide guidance for the internal operation of the NSA and does not create any right or benefit, substantive or procedural, enforceable at law against the United States, the Department of Defense, or NSA. This part does not override the statutory privilege against the disclosure of the organization or any function of the NSA, of any information with respect to the activities thereof, or of the names, titles, salaries, or numbers of the persons employed by the NSA. See section 6(a) of the DoD Directive referenced under § 93.1(a).

$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 §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 §93.1(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).

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

893.4 Policy.

Official information that is not classified, privileged, or otherwise protected from public disclosure, should generally be made reasonably available for use in Federal and State courts and by other governmental bodies.

§ 93.5 Procedures.

(a) Release of official information in litigation. NSA personnel shall not produce, disclose, release, comment upon, or testify concerning any official information during litigation without the prior written approval of the GC. In exigent circumstances, the GC may issue oral approval, but a record of such approval will be made and retained in the OGC. NSA personnel shall not provide, with or without compensation, opinion or expert testimony concerning official NSA information, subjects, or activities, except on behalf of the United States or a party represented by the Department of Justice (DOJ). Upon a showing by the requester of exceptional need or unique circumstances and that the anticipated testimony will not be adverse to the interests of the NSA or the United States, the GC may, in writing, grant special authorization for NSA personnel to appear and testify at no expense to the United States. Official information may be released in litigation only in compliance with the following procedures.

(1) If official information is sough through testimony or otherwise, by litigation demand, the individual see ing such release or testimony must forth, in writing and with as mu specificity as possible, the nature a relevance of the official informati sought. Subject to paragraph (a)(5) this section, NSA personnel may or produce, disclose, release, comme upon or testify concerning those m ters that were specified in writing a approved by the GC.

(2) Whenever a litigation demand made upon NSA personnel for offic information or for testimony c cerning such information, the per upon whom the demand was made sh immediately notify the OGC. Af consultation and coordination with DOJ, if required, the GC shall det mine whether the individual is requi to comply with the demand and st notify the requester or the court other authority of that determinati

(3) If a litigation demand require response before instructions from GC are received, the GC shall furn the requester or the court or other thority with a copy of § 93.1(a) and t part 93. The GC shall also inform requester or the court or other auth ity that the demand is being review and seek a stay of the demand pend a final determination.

(4) If a court or other authority clines to stay the demand in respo to action taken pursuant to paragra 3 of this section, or if such court other authority orders that the mand must be complied with notwi standing the final decision of the ( the NSA personnel upon whom the mand was made shall notify the GC such ruling or order. If the GC det mines that no further legal review of challenge to the ruling or order will sought, the affected NSA person shall comply with the demand or ord If directed by the GC, however, the fected NSA personnel must decline provide the information.3 The NSA p sonnel shall state the following to Court:

3 See United States ex rel. Touhy v. Rag 340 U.S. 462 (1951) wherein the Supreme Co held that a government employee could be held in contempt for following an age regulation requiring agency approval bef