Touhy Regulations, 44278-44280 [2014-16757]
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44278
Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Rules and Regulations
List of Subjects
21 CFR Parts 520, 522, and 529
Animal drugs.
21 CFR Part 558
Animal drugs, Animal feeds.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR parts 520, 522, 529, and 558 are
amended as follows:
PART 520—ORAL DOSAGE FORM
NEW ANIMAL DRUGS
1. The authority citation for 21 CFR
part 520 continues to read as follows:
72 hours later by 100 to 200 mcg
gonadorelin by intramuscular injection.
Dinoprost injection as in § 522.690,
provided by No. 054771 in § 510.600(c)
of this chapter.
*
*
*
*
*
PART 529—CERTAIN OTHER DOSAGE
FORM NEW ANIMAL DRUGS
6. The authority citation for 21 CFR
part 529 continues to read as follows:
§ 520.2640
Authority: 21 U.S.C. 360b.
7. In § 529.1940, revise paragraph (d),
the second sentence in paragraph
(e)(1)(i) and the last sentence in
paragraph (e)(1)(iii) to read as follows:
■
[Amended]
2. In § 520.2640, in paragraphs (b)(1)
and (d) remove ‘‘No. 000986’’ and in its
place add ‘‘Nos. 000986 and 016592’’;
and in paragraph (b)(2) remove ‘‘Nos.
016592 and 061623’’ and in its place
add ‘‘No. 061623’’.
PART 522—IMPLANTATION OR
INJECTABLE DOSAGE FORM NEW
ANIMAL DRUGS
3. The authority citation for 21 CFR
part 522 continues to read as follows:
■
Authority: 21 U.S.C. 360b.
4. In § 522.690, revise the section
heading and paragraph (d)(2)(v) to read
as follows:
■
§ 522.690
Dinoprost.
*
*
*
*
*
(d) * * *
(2) * * *
(v) Dinoprost injection as provided by
No. 054771 in § 510.600(c) of this
chapter may also be used concurrently
with gonadorelin hydrochloride
injection as in § 522.1077 and with
progesterone intravaginal inserts as in
§ 529.1940 of this chapter.
*
*
*
*
*
■ 5. In § 522.1077, revise paragraph
(c)(1)(ii) to read as follows:
§ 522.1077
Gonadorelin hydrochloride.
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*
*
*
*
*
(c) * * *
(1) * * *
(ii) For use with dinoprost injection to
synchronize estrous cycles to allow
fixed-time artificial insemination (FTAI)
in lactating dairy cows, administer to
each cow 100 to 200 mcg gonadorelin by
intramuscular injection, followed 6 to 8
days later by 25 mg dinoprost by
intramuscular injection, followed 30 to
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§ 529.1940
inserts.
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[FR Doc. 2014–17912 Filed 7–30–14; 8:45 am]
BILLING CODE 4164–01–P
PART 558—NEW ANIMAL DRUGS FOR
USE IN ANIMAL FEEDS
8. The authority citation for 21 CFR
part 558 continues to read as follows:
■
Authority: 21 U.S.C. 360b, 371.
[Amended]
9. In paragraph (d) of § 558.4, in the
‘‘Category I’’ table, in the ‘‘Assay limits
percent type A’’ column, in the entry for
‘‘Salinomycin’’, remove ‘‘95–115’’ and
in its place add ‘‘90–110’’.
■
§ 558.76
[Amended]
10. In § 558.76, remove and reserve
paragraph (d)(3)(vii).
■
§ 558.500
[Amended]
[MCC FR 14–03]
Touhy Regulations
Millennium Challenge
Corporation.
ACTION: Final rule.
Frm 00018
Fmt 4700
This rule implements the
procedures by which the Millennium
Challenge Corporation responds to
subpoenas or other official demands for
information and testimony served upon
itself or its employees.
DATES: This rule is effective July 31,
2014.
SUMMARY:
John
C. Mantini, Office of the General
Counsel, Millennium Challenge
Corporation, 202–521–3863, or foia@
mcc.gov.
FOR FURTHER INFORMATION CONTACT:
The
United States Supreme Court held in
United States ex rel. Touhy v. Ragen,
340 U.S. 462 (1951), that the head of a
federal agency may make the
determination on his/her sole authority
to produce documents and authorize
employee’s testimony in response to a
subpoena or other demand for
information. This regulation governs the
Millennium Challenge Corporation’s
procedures for authorizing or denying
such demands. MCC published a
proposed regulation on May 9, 2014 in
79 FR 26659 and invited interested
parties to submit comments. MCC
received no comments. Accordingly, the
proposed regulation is adopted as a final
regulation with only minor editorial
changes.
SUPPLEMENTARY INFORMATION:
List of Subjects in 22 CFR Part 1305:
Administrative Practice and
procedure, Courts, Disclosure,
Exemptions, Government employees,
Subpoenas, Records, Testimony.
For the reasons set forth above, the
Millennium Challenge Corporation
amends Chapter XIII of 22 CFR by
adding Part 1305, to read as follows:
■
11. In § 558.500, in the table in
paragraphs (e)(2)(viii) and (e)(2)(x), in
the ‘‘Sponsor’’ column, remove
■
PO 00000
22 CFR Part 1305
AGENCY:
*
*
*
*
(d) Special considerations. Product
labeling shall bear the following
warning: ‘‘Avoid contact with skin by
wearing protective gloves when
handling inserts. Store removed inserts
in a sealable container until they can be
disposed of in accordance with
applicable local, state, and Federal
regulations.’’
(e) * * *
(1) * * *
(i) * * * When used for indications
listed in paragraph (e)(1)(ii)(A) of this
section, administer 25 mg dinoprost as
a single intramuscular injection 1 day
prior to insert removal (Day 6). * * *
*
*
*
*
*
(iii) * * * Dinoprost injection for use
in paragraphs (e)(1)(ii)(A) and
(e)(1)(ii)(B) of this section as in
§ 522.690 of this chapter, provided by
No. 054771 in § 510.600(c) of this
chapter.
*
*
*
*
*
§ 558.4
MILLENNIUM CHALLENGE
CORPORATION
Progesterone intravaginal
*
■
Dated: July 24, 2014.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
■
■
Authority: 21 U.S.C. 360b.
‘‘000986’’ and in its place add ‘‘000986,
054771’’.
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Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Rules and Regulations
PART 1305—RELEASE OF OFFICIAL
INFORMATION AND TESTIMONY BY
MCC PERSONNEL AS WITNESSES
Sec.
1305.1 Purpose and scope.
1305.2 Definitions.
1305.3 Production prohibited unless
approved.
1305.4 Factors to be considered by the
General Counsel.
1305.5 Service of demands.
1305.6 Processing demands.
1305.7 Final determination.
1305.8 Restrictions that apply to testimony.
1305.9 Restrictions that apply to released
documents.
1305.10 Procedure when a decision is not
made prior to the time a response is
required.
1305.11 Procedure in the event of an
adverse ruling.
1305.12 No private right of action.
Authority: 5 U.S.C. 301.
§ 1305.1
Purpose and scope.
Pursuant to 5 U.S.C. 301, the head of
an executive department or military
department may prescribe regulations
for the government of his/her
department, the conduct of its
employees, the distribution and
performance of its business, and the
custody, use, and preservation of its
records, papers, and property. Section
301 does not authorize withholding
information from the public or limiting
the availability of records to the public.
This part contains the regulations of the
Millennium Challenge Corporation
(MCC) concerning procedures to be
followed when a request, subpoena,
order or other demand (hereinafter in
this part referred to as a ‘‘demand’’) of
a court or other authorities in any state
or federal proceeding is issued for the
production or disclosure of:
(a) Any material contained in the files
of MCC;
(b) Any information relating to
materials contained in the files of MCC;
or
(c) Any information or material
acquired by an employee of MCC during
the performance of the employee’s
official duties or because of the
employee’s official status.
mstockstill on DSK4VPTVN1PROD with RULES
§ 1305.2
Definitions.
For purposes of this part:
(a) Demand means a request, order, or
subpoena for testimony or documents
related to or for possible use in a legal
proceeding.
(b) Document means any record or
other property, no matter what media
and including copies thereof, held by
MCC, including without limitation,
official letters, telegrams, memoranda,
reports, studies, calendar and diary
entries, maps, graphs, pamphlets, notes,
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17:37 Jul 30, 2014
Jkt 232001
charts, tabulations, analyses, statistical
or informational accumulations, any
kind of summaries of meetings and
conversations, film impressions,
magnetic tapes and sound or
mechanical reproductions.
(c) Employee means all employees
and officers of MCC, including
contractors who have been appointed
by, or are subject to the supervision,
jurisdiction or control of MCC. The
procedures established within this part
also apply to former employees and
contractors of MCC.
(d) General Counsel means the
General Counsel or MCC employee to
whom the General Counsel has
delegated authority to act under this
subpart.
§ 1305.3 Production prohibited unless
approved.
No employee or former employee
shall, in response to a demand of a court
or other authority, disclose any
information relating to materials
contained in the files of MCC, or
disclose any information or produce any
material acquired as part of the
performance of the person’s official
duties, or because of the person’s
official status, without the prior, written
approval of the General Counsel.
§ 1305.4 Factors to be considered by the
General Counsel.
(a) In deciding whether to authorize
the release of official information or the
testimony of employees concerning
official information, the General
Counsel shall consider the following
factors:
(1) Whether the demand is unduly
burdensome;
(2) MCC’s ability to maintain
impartiality in conducting its business;
(3) Whether the time and money of
the United States would be used for
private purposes;
(4) The extent to which the time of
employees for conducting official
business would be compromised;
(5) Whether the public might
misconstrue variances between personal
opinions of employees and MCC policy;
(6) Whether the demand demonstrates
that the information requested is
relevant and material to the action
pending, genuinely necessary to the
proceeding, unavailable from other
sources, and reasonable in its scope;
(7) Whether the number of similar
demands would have a cumulative
effect on the expenditure of agency
resources;
(8) Whether disclosure otherwise
would be inappropriate under the
circumstances; and
(9) Any other factor that is
appropriate.
PO 00000
Frm 00019
Fmt 4700
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44279
(b) Among those demands in response
to which compliance will not ordinarily
be authorized are those with respect to
which any of the following factors
exists:
(1) The disclosure would violate a
statute, Executive order, or regulation;
(2) The integrity of the administrative
and deliberative processes of MCC
would be compromised;
(3) The disclosure would not be
appropriate under the rules of
procedure governing the case or matter
in which the demand arose;
(4) The disclosure, including release
in camera, is not appropriate or
necessary under the relevant substantive
law concerning privilege;
(5) The disclosure, except when in
camera and necessary to assert a claim
of privilege, would reveal information
properly classified or other matters
exempt from unrestricted disclosure; or
(6) The disclosure would interfere
with ongoing enforcement proceedings,
compromise constitutional rights, reveal
the identity of an intelligence source or
confidential informant, or disclose trade
secrets or similarly confidential
commercial or financial information.
§ 1305.5
Service of demands.
Demands for official documents,
information or testimony must be in
writing, and served on the General
Counsel, Millennium Challenge
Corporation, 875 Fifteenth Street NW.,
Washington, DC 20005–2221.
§ 1305.6
Processing demands.
(a) After service of a demand to
produce or disclose official documents
and information, the General Counsel
will review the demand and, in
accordance with the provisions of this
subpart, determine whether, or under
what conditions, to authorize the
employee to testify on matters relating
to official information and/or produce
official documents.
(b) If information or material is sought
by a demand in any case or matter in
which MCC is not a party, an affidavit
or, if that is not feasible, a statement by
the party seeking the information or
material, or by his/her attorney setting
forth a summary of the information or
material sought and its relevance to the
proceeding, must be submitted before a
decision is made as to whether materials
will be produced or permission to
testify or otherwise provide information
will be granted. Any authorization for
testimony by a present or former
employee of MCC shall be limited to the
scope of the demand.
(c) When necessary, the General
Counsel will coordinate with the
Department of Justice to file appropriate
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Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Rules and Regulations
motions, including motions to remove
the matter to Federal court, to quash, or
to obtain a protective order.
(d) If a demand fails to follow the
requirements of these regulations, MCC
will not allow the testimony or produce
the documents.
(e) MCC will process demands in the
order in which they are received.
Absent unusual circumstances, MCC
will respond within 45 days of the date
that the demand was received. The time
for response will depend upon the
scope of the demand.
(f) The General Counsel may grant a
waiver of any procedure described by
this subpart where a waiver is
considered necessary to promote a
significant interest of MCC or the United
States or for other good cause.
§ 1305.7
Final determination.
The General Counsel makes the final
determination on demands to
employees for production of official
documents and information or
testimony. All final determinations are
within the sole discretion of the General
Counsel. The General Counsel will
notify the requester and the Court or
other authority of the final
determination, the reasons for the grant
or denial of the demand, and any
conditions that the General Counsel
may impose on the release of
documents, or on the testimony of an
employee. When in doubt about the
propriety of granting or denying a
demand for testimony or documents, the
General Counsel should consult with
the Department of Justice.
mstockstill on DSK4VPTVN1PROD with RULES
§ 1305.8 Restrictions that apply to
testimony.
(a) The General Counsel may impose
conditions or restrictions on the
testimony of MCC employees including,
for example, limiting the areas of
testimony or requiring the requester and
other parties to the legal proceeding to
agree that the transcript of the testimony
will be kept under seal or will only be
used or made available in the particular
legal proceeding for which testimony
was requested. The General Counsel
may also require a copy of the transcript
of testimony at the requester’s expense.
(b) MCC may offer the employee’s
declaration in lieu of testimony, in
whatever form the court finds
acceptable.
(c) If authorized to testify pursuant to
this part, an employee may testify to
relevant unclassified materials or
information within his or her personal
knowledge, but, unless specifically
authorized to do so by the General
Counsel, the employee shall not:
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17:37 Jul 30, 2014
Jkt 232001
(1) Disclose confidential or privileged
information; or
(2) For a current MCC employee,
testify as an expert or opinion witness
with regard to any matter arising out of
the employee’s official duties or the
functions of MCC, unless testimony is
being given on behalf of the United
States.
§ 1305.9 Restrictions that apply to
released documents.
(a) The General Counsel may impose
conditions or restrictions on the release
of official documents and information,
including the requirement that parties to
the proceeding obtain a protective order
or execute a confidentiality agreement
to limit access and any further
disclosure. The terms of the protective
order or of the confidentiality agreement
must be acceptable to the General
Counsel. In cases where protective
orders or confidentiality agreements
have already been executed, MCC may
condition the release of official
documents and information on an
amendment to the existing protective
order or confidentiality agreement.
(b) If the General Counsel so
determines, original MCC documents
may be presented in response to a
demand, but they are not to be
presented as evidence or otherwise used
in a manner by which they could lose
their identity as official MCC documents
nor are they to be marked or altered. In
lieu of original records, certified copies
will be presented for evidentiary
purposes. (See 28 U.S.C. 1733).
§ 1305.10 Procedure when a decision is
not made prior to the time a response is
required.
If a response to a demand is required
before the General Counsel can make
the determination referred to above, the
General Counsel, when necessary, will
provide the court or other competent
authority with a copy of this part,
inform the court or other competent
authority that the demand is being
reviewed, and respectfully seek a stay of
the demand pending a final
determination.
§ 1305.11 Procedure in the event of an
adverse ruling.
If the court or other competent
authority declines to stay the demand in
response to a request made in
accordance with § 1305.10, or if the
court or other competent authority rules
that the demand must be complied with
irrespective of the instructions from the
General Counsel not to produce the
material or disclose the information
sought, the employee or former
employee upon whom the demand has
been made shall respectfully decline to
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
comply with the demand (United States
ex rel. Touhy v. Ragen, 340 U.S. 462
(1951)).
§ 1305.12
No private right of action.
This part is intended only to provide
guidance for the internal operations of
MCC, and is not intended to, and does
not, and may not be relied upon, to
create a right or benefit, substantive or
procedural, enforceable at law by a
party against the United States.
Dated: July 11, 2014.
John Mantini,
Assistant General Counsel, Millennium
Challenge Corporation.
[FR Doc. 2014–16757 Filed 7–30–14; 8:45 am]
BILLING CODE 9211–03–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9685]
RIN 1545–BM18
Segregation Rule Effective Date
Internal Revenue Service (IRS),
Treasury.
ACTION: Final and temporary
regulations.
AGENCY:
This document contains
temporary regulations under section 382
of the Internal Revenue Code (Code) that
modify the effective date provision of
recently published regulations. These
regulations affect corporations whose
stock is or was acquired by the
Department of the Treasury (Treasury)
pursuant to certain programs under the
Emergency Economic Stabilization Act
of 2008 (EESA). The text of these
temporary regulations also serves as the
text of the proposed regulations set forth
in the notice of proposed rulemaking on
this subject in the Proposed Rules
section in this issue of the Federal
Register. This document also modifies
the existing regulations to provide a
cross-reference to this temporary
regulation.
SUMMARY:
Effective Date: These regulations
are effective on July 31, 2014.
Applicability Date: For dates of
applicability, see section 1.382–
3T(j)(17).
DATES:
FOR FURTHER INFORMATION CONTACT:
Stephen R. Cleary, (202) 317–5353 (not
a toll-free number).
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Rules and Regulations]
[Pages 44278-44280]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16757]
=======================================================================
-----------------------------------------------------------------------
MILLENNIUM CHALLENGE CORPORATION
22 CFR Part 1305
[MCC FR 14-03]
Touhy Regulations
AGENCY: Millennium Challenge Corporation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule implements the procedures by which the Millennium
Challenge Corporation responds to subpoenas or other official demands
for information and testimony served upon itself or its employees.
DATES: This rule is effective July 31, 2014.
FOR FURTHER INFORMATION CONTACT: John C. Mantini, Office of the General
Counsel, Millennium Challenge Corporation, 202-521-3863, or
foia@mcc.gov.
SUPPLEMENTARY INFORMATION: The United States Supreme Court held in
United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951), that the
head of a federal agency may make the determination on his/her sole
authority to produce documents and authorize employee's testimony in
response to a subpoena or other demand for information. This regulation
governs the Millennium Challenge Corporation's procedures for
authorizing or denying such demands. MCC published a proposed
regulation on May 9, 2014 in 79 FR 26659 and invited interested parties
to submit comments. MCC received no comments. Accordingly, the proposed
regulation is adopted as a final regulation with only minor editorial
changes.
List of Subjects in 22 CFR Part 1305:
Administrative Practice and procedure, Courts, Disclosure,
Exemptions, Government employees, Subpoenas, Records, Testimony.
0
For the reasons set forth above, the Millennium Challenge Corporation
amends Chapter XIII of 22 CFR by adding Part 1305, to read as follows:
[[Page 44279]]
PART 1305--RELEASE OF OFFICIAL INFORMATION AND TESTIMONY BY MCC
PERSONNEL AS WITNESSES
Sec.
1305.1 Purpose and scope.
1305.2 Definitions.
1305.3 Production prohibited unless approved.
1305.4 Factors to be considered by the General Counsel.
1305.5 Service of demands.
1305.6 Processing demands.
1305.7 Final determination.
1305.8 Restrictions that apply to testimony.
1305.9 Restrictions that apply to released documents.
1305.10 Procedure when a decision is not made prior to the time a
response is required.
1305.11 Procedure in the event of an adverse ruling.
1305.12 No private right of action.
Authority: 5 U.S.C. 301.
Sec. 1305.1 Purpose and scope.
Pursuant to 5 U.S.C. 301, the head of an executive department or
military department may prescribe regulations for the government of
his/her department, the conduct of its employees, the distribution and
performance of its business, and the custody, use, and preservation of
its records, papers, and property. Section 301 does not authorize
withholding information from the public or limiting the availability of
records to the public. This part contains the regulations of the
Millennium Challenge Corporation (MCC) concerning procedures to be
followed when a request, subpoena, order or other demand (hereinafter
in this part referred to as a ``demand'') of a court or other
authorities in any state or federal proceeding is issued for the
production or disclosure of:
(a) Any material contained in the files of MCC;
(b) Any information relating to materials contained in the files of
MCC; or
(c) Any information or material acquired by an employee of MCC
during the performance of the employee's official duties or because of
the employee's official status.
Sec. 1305.2 Definitions.
For purposes of this part:
(a) Demand means a request, order, or subpoena for testimony or
documents related to or for possible use in a legal proceeding.
(b) Document means any record or other property, no matter what
media and including copies thereof, held by MCC, including without
limitation, official letters, telegrams, memoranda, reports, studies,
calendar and diary entries, maps, graphs, pamphlets, notes, charts,
tabulations, analyses, statistical or informational accumulations, any
kind of summaries of meetings and conversations, film impressions,
magnetic tapes and sound or mechanical reproductions.
(c) Employee means all employees and officers of MCC, including
contractors who have been appointed by, or are subject to the
supervision, jurisdiction or control of MCC. The procedures established
within this part also apply to former employees and contractors of MCC.
(d) General Counsel means the General Counsel or MCC employee to
whom the General Counsel has delegated authority to act under this
subpart.
Sec. 1305.3 Production prohibited unless approved.
No employee or former employee shall, in response to a demand of a
court or other authority, disclose any information relating to
materials contained in the files of MCC, or disclose any information or
produce any material acquired as part of the performance of the
person's official duties, or because of the person's official status,
without the prior, written approval of the General Counsel.
Sec. 1305.4 Factors to be considered by the General Counsel.
(a) In deciding whether to authorize the release of official
information or the testimony of employees concerning official
information, the General Counsel shall consider the following factors:
(1) Whether the demand is unduly burdensome;
(2) MCC's ability to maintain impartiality in conducting its
business;
(3) Whether the time and money of the United States would be used
for private purposes;
(4) The extent to which the time of employees for conducting
official business would be compromised;
(5) Whether the public might misconstrue variances between personal
opinions of employees and MCC policy;
(6) Whether the demand demonstrates that the information requested
is relevant and material to the action pending, genuinely necessary to
the proceeding, unavailable from other sources, and reasonable in its
scope;
(7) Whether the number of similar demands would have a cumulative
effect on the expenditure of agency resources;
(8) Whether disclosure otherwise would be inappropriate under the
circumstances; and
(9) Any other factor that is appropriate.
(b) Among those demands in response to which compliance will not
ordinarily be authorized are those with respect to which any of the
following factors exists:
(1) The disclosure would violate a statute, Executive order, or
regulation;
(2) The integrity of the administrative and deliberative processes
of MCC would be compromised;
(3) The disclosure would not be appropriate under the rules of
procedure governing the case or matter in which the demand arose;
(4) The disclosure, including release in camera, is not appropriate
or necessary under the relevant substantive law concerning privilege;
(5) The disclosure, except when in camera and necessary to assert a
claim of privilege, would reveal information properly classified or
other matters exempt from unrestricted disclosure; or
(6) The disclosure would interfere with ongoing enforcement
proceedings, compromise constitutional rights, reveal the identity of
an intelligence source or confidential informant, or disclose trade
secrets or similarly confidential commercial or financial information.
Sec. 1305.5 Service of demands.
Demands for official documents, information or testimony must be in
writing, and served on the General Counsel, Millennium Challenge
Corporation, 875 Fifteenth Street NW., Washington, DC 20005-2221.
Sec. 1305.6 Processing demands.
(a) After service of a demand to produce or disclose official
documents and information, the General Counsel will review the demand
and, in accordance with the provisions of this subpart, determine
whether, or under what conditions, to authorize the employee to testify
on matters relating to official information and/or produce official
documents.
(b) If information or material is sought by a demand in any case or
matter in which MCC is not a party, an affidavit or, if that is not
feasible, a statement by the party seeking the information or material,
or by his/her attorney setting forth a summary of the information or
material sought and its relevance to the proceeding, must be submitted
before a decision is made as to whether materials will be produced or
permission to testify or otherwise provide information will be granted.
Any authorization for testimony by a present or former employee of MCC
shall be limited to the scope of the demand.
(c) When necessary, the General Counsel will coordinate with the
Department of Justice to file appropriate
[[Page 44280]]
motions, including motions to remove the matter to Federal court, to
quash, or to obtain a protective order.
(d) If a demand fails to follow the requirements of these
regulations, MCC will not allow the testimony or produce the documents.
(e) MCC will process demands in the order in which they are
received. Absent unusual circumstances, MCC will respond within 45 days
of the date that the demand was received. The time for response will
depend upon the scope of the demand.
(f) The General Counsel may grant a waiver of any procedure
described by this subpart where a waiver is considered necessary to
promote a significant interest of MCC or the United States or for other
good cause.
Sec. 1305.7 Final determination.
The General Counsel makes the final determination on demands to
employees for production of official documents and information or
testimony. All final determinations are within the sole discretion of
the General Counsel. The General Counsel will notify the requester and
the Court or other authority of the final determination, the reasons
for the grant or denial of the demand, and any conditions that the
General Counsel may impose on the release of documents, or on the
testimony of an employee. When in doubt about the propriety of granting
or denying a demand for testimony or documents, the General Counsel
should consult with the Department of Justice.
Sec. 1305.8 Restrictions that apply to testimony.
(a) The General Counsel may impose conditions or restrictions on
the testimony of MCC employees including, for example, limiting the
areas of testimony or requiring the requester and other parties to the
legal proceeding to agree that the transcript of the testimony will be
kept under seal or will only be used or made available in the
particular legal proceeding for which testimony was requested. The
General Counsel may also require a copy of the transcript of testimony
at the requester's expense.
(b) MCC may offer the employee's declaration in lieu of testimony,
in whatever form the court finds acceptable.
(c) If authorized to testify pursuant to this part, an employee may
testify to relevant unclassified materials or information within his or
her personal knowledge, but, unless specifically authorized to do so by
the General Counsel, the employee shall not:
(1) Disclose confidential or privileged information; or
(2) For a current MCC employee, testify as an expert or opinion
witness with regard to any matter arising out of the employee's
official duties or the functions of MCC, unless testimony is being
given on behalf of the United States.
Sec. 1305.9 Restrictions that apply to released documents.
(a) The General Counsel may impose conditions or restrictions on
the release of official documents and information, including the
requirement that parties to the proceeding obtain a protective order or
execute a confidentiality agreement to limit access and any further
disclosure. The terms of the protective order or of the confidentiality
agreement must be acceptable to the General Counsel. In cases where
protective orders or confidentiality agreements have already been
executed, MCC may condition the release of official documents and
information on an amendment to the existing protective order or
confidentiality agreement.
(b) If the General Counsel so determines, original MCC documents
may be presented in response to a demand, but they are not to be
presented as evidence or otherwise used in a manner by which they could
lose their identity as official MCC documents nor are they to be marked
or altered. In lieu of original records, certified copies will be
presented for evidentiary purposes. (See 28 U.S.C. 1733).
Sec. 1305.10 Procedure when a decision is not made prior to the time
a response is required.
If a response to a demand is required before the General Counsel
can make the determination referred to above, the General Counsel, when
necessary, will provide the court or other competent authority with a
copy of this part, inform the court or other competent authority that
the demand is being reviewed, and respectfully seek a stay of the
demand pending a final determination.
Sec. 1305.11 Procedure in the event of an adverse ruling.
If the court or other competent authority declines to stay the
demand in response to a request made in accordance with Sec. 1305.10,
or if the court or other competent authority rules that the demand must
be complied with irrespective of the instructions from the General
Counsel not to produce the material or disclose the information sought,
the employee or former employee upon whom the demand has been made
shall respectfully decline to comply with the demand (United States ex
rel. Touhy v. Ragen, 340 U.S. 462 (1951)).
Sec. 1305.12 No private right of action.
This part is intended only to provide guidance for the internal
operations of MCC, and is not intended to, and does not, and may not be
relied upon, to create a right or benefit, substantive or procedural,
enforceable at law by a party against the United States.
Dated: July 11, 2014.
John Mantini,
Assistant General Counsel, Millennium Challenge Corporation.
[FR Doc. 2014-16757 Filed 7-30-14; 8:45 am]
BILLING CODE 9211-03-P
