CFR Subpart A

CFR Subpart A
in effect

5 C.F.R. § 295.101 Scope and purpose.

(a) This part sets forth policies and procedures you must follow when you submit a demand or request to an employee of the U.S. Office of Personnel Management (OPM) to produce official records and information, or provide testimony relating to official information, in connection with a legal proceeding. You must comply with these requirements when you request the release or disclosure of official records and information. (b) OPM intends these provisions to: (1) Promote economy and efficiency in its programs and operations; (2) Minimize the possibility of involving OPM in controversial issues not related to our functions; (3) Prevent the misuse of OPM employees as involuntary expert witnesses for private interests or as inappropriate expert witnesses as to the state of the law; (4) Maintain OPM's impartiality among private litigants where neither OPM nor any other Federal entity is a named party; and (5) Protect sensitive, confidential information and the deliberative processes of OPM. (c) In providing for these requirements, OPM does not waive the sovereign immunity of the United States. (d) This part provides guidance for the internal operations of OPM. It does not create any right or benefits, substantive or procedural, that a party may rely upon in any legal proceeding against the United States.

5 C.F.R. § 295.102 Applicability.

This part applies to demands and requests to employees of OPM in legal proceedings in which OPM is not a named party, for factual or expert testimony relating to official information or for production of official records or information. However, it does not apply to: (a) Demands upon or requests for a current OPM employee to testify as to facts or events that are unrelated to his or her official duties or that are unrelated to the functions of OPM; (b) Demands upon or requests for a former OPM employee to testify as to matters in which the former employee was not directly or materially involved while at OPM; (c) Requests for the release of records under the Freedom of Information Act, 5 U.S.C. 552, or the Privacy Act, 5 U.S.C. 552(a); and (d) Congressional or Government Accountability Office (GAO) demands and requests for testimony or records.

5 C.F.R. § 295.103 Definitions.

Demand means a subpoena, or an order or other command of a court or other competent authority, for the production, disclosure, or release of records or for the appearance and testimony of an OPM employee that is issued in a legal proceeding. General Counsel means the General Counsel of OPM or a person to whom the General Counsel has delegated authority under this part. Legal proceeding means any matter before a court of law, administrative board or tribunal, commission, administrative law judge, hearing officer, or other body that conducts a legal or administrative proceeding. Legal proceeding includes all phases of litigation. OPM means the U.S. Office of Personnel Management. OPM employee or employee means: (1) Any current or former officer or employee of OPM; (2) Any other individual hired through contractual agreement by or on behalf of the OPM or who has performed or is performing services under such an agreement for OPM; and (3) Any individual who served or is serving in any consulting or advisory capacity to OPM, whether formal or informal. (4) Provided, that this definition does not include persons who are no longer employed by OPM and who are retained or hired as expert witnesses or who agree to testify about general matters available to the public, or matters with which they had no specific involvement or responsibility during their employment with OPM. Records or official records and information mean: (1) All documents and materials which are OPM agency records under the Freedom of Information Act, 5 U.S.C. 552; (2) All other documents and materials contained in OPM files; and (3) All other information or materials acquired by an OPM employee in the performance of his or her official duties or because of his or her official status. Request means any informal request, by whatever method, for the production of records and information or for testimony which has not been ordered by a court or other competent authority. Testimony means any written or oral statements, including depositions, answers to interrogatories, affidavits, declarations, recorded interviews, and statements made by an individual in connection with a legal proceeding.

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