Touhy Regulations, 49747-49751 [2017-23388]
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Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Rules and Regulations
asabaliauskas on DSKBBXCHB2PROD with RULES
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997). This action does not
contain any information collections
subject to OMB approval under the
Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., nor does it require
any special considerations under
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerance exemption in this action,
do not require the issuance of a
proposed rule, the requirements of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.) do not apply.
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or tribes. As a result,
this action does not alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of FFDCA section 408(n)(4). As such,
EPA has determined that this action will
not have a substantial direct effect on
States or tribal governments, on the
relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, EPA has determined that
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), do not apply
to this action. In addition, this action
does not impose any enforceable duty or
contain any unfunded mandate as
described under Title II of the Unfunded
Mandates Reform Act (UMRA) (2 U.S.C.
1501 et seq.).
This action does not involve any
technical standards that would require
EPA’s consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
V. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
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Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
49747
RIN 3037–AA04
the AbilityOne Program pursuant to the
authority of 41 U.S.C. 8501. Through
this program, employment opportunities
are provided to people who are blind or
severely disabled through the provisions
of products and services to the Federal
Government.
Pursuant to 5 U.S.C. 301, the head of
an Executive department or military
department may prescribe regulations
for the government of his 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. The part does not authorize
withholding information from the
public or limiting the availability of
records to the public.
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
Committee’s procedures for authorizing
or denying such demands. In addition to
the updates for the Touhy case, the
Committee made technical corrections
to include changes to the mailing
address and changed ‘‘JWOD’’ to
‘‘AbilityOne’’ the operating name of the
agency since 2010. Changes to this
section of the CFR were last made in
1994. On July 18, 2017, the Committee
published a proposed rule outlining
these changes on https://
www.federalregister.gov/. No comments
were received and this rule is being
finalized with no additional changes.
Touhy Regulations
Regulatory Analysis
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Final rule.
Executive Order 12866, Regulatory
Planning and Review, and Executive
Order 13563, Improving Regulation and
Regulatory Review
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distribute impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule benefits the public
and the United States Government by
providing clear procedures for members
of the public and Government
employees to follow when official
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: October 11, 2017.
Richard P. Keigwin, Jr.,
Director, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Add § 180.1347 to subpart D to read
as follows:
■
§ 180.1347 Bacillus amyloliquefaciens
strain F727; exemption from the
requirement of a tolerance.
An exemption from the requirement
of a tolerance is established for residues
of Bacillus amyloliquefaciens strain
F727 in or on all food commodities
when used in accordance with label
directions and good agricultural
practices.
[FR Doc. 2017–23469 Filed 10–26–17; 8:45 am]
BILLING CODE 6560–50–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
41 CFR Part 51–11
AGENCY:
The Committee for Purchase
From People Who Are Blind or Severely
Disabled (Committee) has revised
procedures to respond to subpoenas or
other official demands for information
and testimony served upon itself or its
employees.
DATES: This rule is effective November
27, 2017
FOR FURTHER INFORMATION CONTACT:
Timi Kenealy, (703) 603–2100, Email:
CMTEFedReg@AbilityOne.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The Committee, operating as the U.S.
AbilityOne Commission, administers
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testimony or official documents,
records, files or information are sought
from the Committee or from Committee
personnel in connection with legal
proceedings. This rule has not been
designated a significant regulatory
action.
Unfunded Mandates Reform Act
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
(2 U.S.C. 1532) requires agencies to
assess anticipated costs and benefits
before issuing any rule whose mandates
require spending in any 1 year of $100
million in 1995 dollars, updated
annually for inflation. In 2016, that
threshold is approximately $146
million. This rule will not mandate any
requirements for State, local, or tribal
governments, nor will it affect private
sector costs.
Public Law 96–354, Regulatory
Flexibility Act
The Committee certifies this proposed
rule is not subject to the Regulatory
Flexibility Act (5 U.S.C. Ch. 6) because
it would not, if promulgated, have a
significant economic impact on a
substantial number of small entities.
This rule will provide clarity to U.S.
Government personnel and outside
counsel on the proper rules and
procedures to serve process on U.S.
Government officials in their official
capacity and to obtain official U.S.
Government testimony or documents for
use in legal proceedings. Therefore, the
Regulatory Flexibility Act, as amended,
does not require the Committee to
prepare a regulatory flexibility analysis.
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Executive Order 13132, Federalism
Executive Order 13132 establishes
certain requirements that an agency
must meet when it promulgates a
proposed rule (and subsequent final
rule) that imposes substantial direct
requirement costs on State and local
governments, preempts State law, or
otherwise has Federalism implications.
This rule will not have a substantial
effect on the States; the relationship
between the National Government and
the States; or the distribution of power
and responsibilities among the various
levels of Government.
Public Law 96–511, Paperwork
Reduction Act
It has been determined that this rule
does not impose reporting or record
keeping requirements under the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35).
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List of Subjects in 41 CFR Part 51–11
Administrative practices and
procedures, Courts, Disclosure,
Exemptions, Government employees,
Subpoenas, Records, Testimony.
For the reasons set forth above, the
Committee amends chapter 51 of title 41
by adding part 51–11 to read as follows:
■
PART 51–11—PRODUCTION OR
DISCLOSURE IN FEDERAL AND
STATE PROCEEDINGS
Sec.
51–11.1 Scope and purpose.
51–11.2 Applicability.
51–11.3 Definitions.
51–11.4 General prohibition.
51–11.5 Service of demand.
51–11.6 Filing requirements for demand for
documents or testimony.
51–11.7 Factors the Committee will
consider.
51–11.8 Processing demands or requests.
51–11.9 Final determination.
51–11.10 Restrictions that apply to
testimony.
51–11.11 Restrictions that apply to released
records.
51–11.12 Procedure when a decision is not
made prior to the time a response is
required.
51–11.13 Procedure in the event of an
adverse ruling.
51–11.14 Fees.
51–11.15 Penalties.
Authority: 41 U.S.C. 8503(d); 41 CFR Ch.
51.
§ 51–11.1
Scope and purpose.
(a) This part sets forth policies and
procedures of the Committee for
Purchase From People Who Are Blind
or Severely Disabled (Committee)
regarding the testimony of current and
former employees as witnesses and the
production or disclosure of Committee
documents or information:
(1) In all Federal and State
proceedings in which the United States
is a party; and
(2) In all Federal and State
proceedings in which the United States
is not a party, when a demand pursuant
to a subpoena, order or request
(collectively referred to in this part as a
‘‘demand’’) of a court or other authority
is issued for such material, testimony, or
information.
(b) The Committee intends these
provisions to:
(1) Promote economy and efficiency
in its programs and operations;
(2) Minimize the possibility of
involving the Committee in
controversial issues not related to its
functions;
(3) Prevent the misuse of the
Committee’s employees as involuntary
expert witnesses for private interests or
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as inappropriate expert witnesses as to
the state of the law;
(4) Maintain the Committee’s
impartiality among private litigants
where neither the Committee nor any
other Federal entity is a named party;
and
(5) Protect sensitive, confidential
information and the deliberative
processes of the Committee.
(c) In providing for these
requirements, the Committee does not
waive the sovereign immunity of the
United States.
(d) This part provides guidance for
the internal operations of the
Committee. The procedures specified in
this part, or the failure of any
Committee employee to follow the
procedures specified in this part, are not
intended to, do 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.
§ 51–11.2
Applicability.
This part applies to demands and
requests to employees of the Committee
in legal proceedings, 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 for a current Committee
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 the Committee;
(b) Demands for a former Committee
employee to testify as to matters in
which the former employee was not
directly or materially involved while at
the Committee;
(c) Requests for the release of nonexempt records under the Freedom of
Information Act, 5 U.S.C. 552 (41 CFR
part 51–8), or the Privacy Act, 5 U.S.C.
552(a) (41 CFR part 51–9); and
(d) Congressional or Government
Accountability Office (GAO) demands
and requests for testimony or records.
§ 51–11.3
Definitions.
As used in this part:
Committee means the Committee for
Purchase From People Who Are Blind
or Severely Disabled.
Committee employee or employee
means:
(1) Any current or former officer or
employee of the Committee;
(2) Any other individual hired
through contractual agreement by or on
behalf of the Committee or who has
performed or is performing services
under such an agreement for the
Committee; and
(3) Any individual who served or is
serving in any consulting or advisory
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capacity to the Committee, whether
formal or informal.
(4) Provided, that this definition does
not include persons who are no longer
employed by the Committee 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 the Committee.
Demand means a subpoena, request,
or an order or other command of a court
or other competent authority, for the
production, disclosure, or release of
records or information related to, for the
appearance and testimony of a
Committee employee that is issued in a
legal proceeding.
General Counsel means Committee
General Counsel or Committee
employee to whom the General Counsel
has delegated authority to act 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
discovery, litigation and informal
requests by attorneys or others involved
in legal proceedings seeking interviews
or the like.
Records or official records and
information mean all documents and
materials, however stored, that is in the
custody and control of the Committee,
relating to information in the custody
and control of the Committee, or
acquired by a Committee employee in
the performance of his or her official
duties or because of his or her official
status, while such individual was
employed.
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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§ 51–11.4
General prohibition.
(a) In any Federal or State case or
matter in which the United States is not
a party, no employee or former
employee of the Committee shall, in
response to a demand, produce any
record contained in the files of the
Committee, or disclose any information
relating to or based upon record
contained in the files of the Department,
or disclose any information or produce
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any record acquired as part of the
performance of that person’s official
duties or because of that person’s
official status without prior written
approval of the General Counsel in
accordance with § 51–11.9.
(1) Whenever a demand is made upon
an employee or former employee as
described in this paragraph (a), the
employee shall immediately notify the
General Counsel. The General Counsel
shall follow procedures set forth in
§ 51–11.8.
(2) If oral testimony is sought by a
demand in any case or matter in which
the United States is not a party, an
affidavit, or, if that is not feasible, a
statement by the party seeking the
testimony or by his attorney, setting
forth a summary of the testimony sought
and its relevance to the proceeding,
must be furnished to the General
Counsel. Any authorization for
testimony by a present or former
employee of the Committee shall be
limited to the scope of the demand as
summarized in such statement.
(3) When information other than oral
testimony is sought by a demand, the
General Counsel shall request a
summary of the information sought and
its relevance to the proceeding.
(b) In any Federal or State case or
matter in which the United States is a
party, the General Counsel is authorized
to reveal and furnish to any person,
including an actual or prospective
witness, a grand jury, counsel, or a
court, either during or preparatory to a
proceeding, such testimony, and
relevant unclassified material,
documents, or information secured by
the employee or former employee of the
Committee, as the General Counsel shall
deem necessary or desirable to the
discharge of the attorney’s official
duties: Provided, Such an attorney shall
consider, with respect to any disclosure,
the factors set forth in § 51–11.7.
(1) If oral testimony is sought by a
demand in a case or matter in which the
United States is a party, an affidavit, or,
if that is not feasible, a statement by the
party seeking the testimony or by the
party’s attorney setting forth a summary
of the testimony sought must be
furnished to the agency attorney
handling the case or matter.
(2) [Reserved]
(c) In appropriate cases, the General
Counsel shall notify the United States
Department of Justice (DOJ) of the
demand and coordinate with the DOJ to
file any appropriate motions or other
pleadings.
§ 51–11.5
Service of demand.
(a) Written demands directed to the
Committee or requests for official
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49749
records, information or testimony shall
be served in accordance with the
requirements of the Federal Rules of
Civil or Criminal Procedure, or
applicable State procedures, as
appropriate. If the demand is served by
U.S. mail, it should be addressed to the
General Counsel, Committee for
Purchase From People Who Are Blind
or Severely Disabled, 1401 S. Clark
Street, Suite 715, Arlington, VA 22202.
The Committee’s acceptance of service
of a demand shall not constitute an
admission or waiver of any objection
with respect to the propriety of
jurisdiction, service of process, venue or
any other defense in law or equity
available under applicable law.
(b) If any doubt exists, whether a
demand relates to purely personal
matters or arises out of the performance
of official duties, copies of the demand
may be delivered to the General Counsel
for such determination.
§ 51–11.6 Filing requirements for demands
for documents or testimony.
Compliance with the following
requirements is required when issuing
demands or requests for official records,
information or testimony.
(a) Requests must be in writing and
must be submitted to the General
Counsel. If a subpoena is served on the
Committee or a Committee employee
before submitting a written request and
receiving a final determination, the
Committee will object to the subpoena
on grounds that it was not submitted in
accordance with this part.
(b) Written requests must contain the
following information:
(1) The caption of the legal
proceeding, docket number, and name
and address of the court or other
authority involved;
(2) A copy of the complaint or
equivalent document setting forth the
assertions in the case and any other
pleading or document necessary to
show the relevance of the information
sought;
(3) A detailed description of how the
information sought is relevant to the
issues in the legal proceeding, and a
specific description of the substance of
the testimony or records sought;
(4) A statement as to how the need for
the information outweighs the need to
maintain any confidentiality of the
information and outweighs the burden
on the Committee to produce the
records or provide testimony;
(5) A statement indicating that the
information sought is not available from
another source, from other persons or
entities, or from the testimony of
someone other than a Committee
employee, such as a retained expert;
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(6) If testimony is requested, the
intended use of the testimony, a general
summary of the desired testimony, and
a showing that no document could be
provided and used in lieu of testimony;
(7) A description of all prior
decisions, orders, or pending motions in
the case that bear upon the relevance of
the requested records or testimony;
(8) The name, address, and telephone
number of counsel to each party in the
case; and
(9) An estimate of the amount of time
that the requester and other parties will
require with each Committee employee
for time spent by the employee to
prepare for testimony, in travel, and for
attendance at the legal proceeding.
(c) The Committee reserves the right
to require additional information to
complete any request where
appropriate.
(d) Requests should be submitted at
least 45 calendar days before the date
that records or testimony is required.
Requests submitted in less than 45
calendar days before records or
testimony is required must be
accompanied by a written explanation
stating the reasons for the late request
and the reasons for expedited
processing.
(e) Failure to cooperate in good faith
to enable the General Counsel to make
an informed decision may serve as the
basis for a determination not to comply
with the request.
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§ 51–11.7 Factors the Committee will
consider.
The General Counsel in his or her sole
discretion, may grant an employee
permission to testify on matters relating
to official information, or produce
official records and information, in
response to an appropriate demand or
request. Among the relevant factors that
the General Counsel may consider in
making this decision are whether:
(a) The purposes of this part are met;
(b) Allowing such testimony or
production of records would be
necessary to prevent a miscarriage of
justice;
(c) The Committee has an interest in
the decision that may be rendered in the
legal proceeding;
(d) Allowing such testimony or
production of records would assist or
hinder the Committee in performing its
statutory duties or use the Committee
resources in a way that will interfere
with the ability of the Committee
employees to do their regular work;
(e) Allowing such testimony or
production of records would be in the
best interest of the Committee or the
United States;
(f) The records or testimony can be
obtained from other sources;
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(g) The demand or request is unduly
burdensome or otherwise inappropriate
under the applicable rules of discovery
or the rules of procedure governing the
case or matter in which the demand or
request arose;
(h) Disclosure would violate a statute,
Executive order or regulation;
(i) Disclosure would reveal
confidential, sensitive, or privileged
information, trade secrets or similar,
confidential commercial or financial
information, otherwise protected
information, or would otherwise be
inappropriate for release;
(j) Disclosure would impede or
interfere with an ongoing law
enforcement investigation or
proceedings, or compromise
constitutional rights;
(k) Disclosure would result in the
Committee appearing to favor one
private litigant over another private
litigant;
(l) Disclosure relates to documents
that originate from another agency;
(m) A substantial Government interest
is implicated;
(n) The demand or request is within
the authority of the party making it;
(o) The demand improperly seeks to
compel a Committee employee to serve
as an expert witness for a private
interest;
(p) The demand improperly seeks to
compel a Committee employee to testify
as to a matter of law; and/or
(q) The demand or request is
sufficiently specific to be answered.
§ 51–11.8 Processing demands or
requests.
(a) After service of a demand or
request, the General Counsel will review
the demand or request and, in
accordance with the provisions of this
part, determine whether, or under what
conditions, to authorize an employee to
testify on matters relating to Committee
records and/or produce records.
(b) The Committee will process
requests in the order in which they are
received. Absent exigent or unusual
circumstances, the Committee will
respond within 45 calendar days from
the date of receipt. The time for
response will depend upon the scope of
the request.
(c) The General Counsel may grant a
waiver of any procedure described by
this part where a waiver is considered
necessary to promote a significant
interest of the Committee or the United
States or for other good cause.
§ 51–11.9
Final determination.
The General Counsel makes the final
determination on demands and requests
for production of official records and
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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 or request, and any conditions
that the General Counsel may impose on
the release of records or information, or
on the testimony of a Committee
employee.
§ 51–11.10 Restrictions that apply to
testimony.
(a) Conditions or restrictions may be
imposed on the testimony of the
Committee employees including, for
example, limiting the areas of testimony
or requiring the requester and other
parties to the legal proceeding to agree
that they will seek to file the transcript
of the testimony under seal and that it
will be used or made available only in
the particular legal proceeding for
which testimony was requested. The
General Counsel may also require a
copy of the transcript or testimony be
provided to the Committee at the
requester’s expense.
(b) The Committee may offer the
employee’s written declaration in lieu of
testimony.
(c) If authorized to testify pursuant to
this part, an employee may testify as to
facts 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;
(2) Testify as to any information
outside the scope of the General
Counsel’s authorization (see § 51–11.7);
or
(3) For a current Committee
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 the
Committee unless testimony is being
given on behalf of the United States
whether or not the United States is a
party.
§ 51–11.11 Restrictions that apply to
released records.
(a) The General Counsel may impose
conditions or restrictions on the release
of official records 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 a confidentiality agreement
must be acceptable to the General
Counsel. In cases where protective
orders or confidentiality agreements
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have already been executed, the
Committee may condition the release of
official records and information on an
amendment to the existing protective
order or confidentiality agreement.
(b) If the General Counsel so
determines, original Committee records
may be presented for examination in
response to a demand or request, but
they are not to be presented as evidence
or otherwise used in a manner by which
they could lose their identity as official
Committee records, and they are not to
be marked or altered. In lieu of the
original records, certified copies will be
presented for evidentiary purposes.
§ 51–11.12 Procedure when a decision is
not made prior to the time a response is
required.
If a response to a demand or request
is required before the General Counsel
can make the determination previously
referred to, 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 or
request is being reviewed, and seek a
stay of the demand or request pending
a final determination.
§ 51–11.13 Procedure in the event of an
adverse ruling.
If the court or other competent
authority fails to stay the demand, the
employee upon whom the demand or
request is made, unless otherwise
advised by the General Counsel, will
appear at the stated time and place,
produce a copy of this part, state that
the employee has not been authorized to
provide the requested testimony or
produce documents, and respectfully
decline to comply with the demand,
citing United States ex rel. Touhy v.
Ragen, 340 U.S. 462 (1951). A written
response may be offered to a request, or
to a demand, if permitted by the court
or other competent authority.
asabaliauskas on DSKBBXCHB2PROD with RULES
§ 51–11.14
Fees.
(a) Generally. The General Counsel
may condition the production of records
or appearance for testimony upon
advance payment of a reasonable
estimate of the costs to the Committee.
(b) Fees for records. Fees for
producing records will include fees for
searching, reviewing, and duplicating
records, costs of attorney time spent in
reviewing the demand or request, and
expenses generated by materials and
equipment used to search for, produce,
and copy the responsive information.
Costs for employee time will be
calculated on the basis of the hourly pay
of the employee (including all pay,
allowance, and benefits). Fees for
duplication will be the same as those
VerDate Sep<11>2014
16:30 Oct 26, 2017
Jkt 244001
charged by the Committee in its
Freedom of Information Act regulations
at 41 CFR part 51–8.
(c) Witness fees. Fees for attendance
by a witness will include fees, expenses,
and allowances prescribed by the
court’s rules. If no such fees are
prescribed, witness fees will be
determined based upon the rule of the
Federal district court closest to the
location where the witness will appear.
Such fees will include cost of time spent
by the witness to prepare for testimony,
travel time and expenses, and for
attendance in the legal proceeding.
(d) Payment of fees. Witness fees for
current Committee employees and any
records certification fees shall be paid
by check or money order presented to
the Committee made payable to the
United States Department of Treasury.
Applicable fees for former Committee
employees’ testimony must be paid
directly to the former employee in
accordance with 28 U.S.C. 1821 or other
applicable statutes.
(e) Certification (authentication) of
copies of records. The Committee
Records Manager may certify that
records are true copies in order to
facilitate their use as evidence.
Certification requests require 45
calendar days for processing and a fee
of $15.00 for each document certified.
(f) Waiver or reduction of fees. The
General Counsel, in his or her sole
discretion, may, upon a showing of
reasonable cause, waive or reduce any
fees in connection with the testimony,
production, or certification of records.
(g) De minimis fees. Fees will not be
assessed if the total charge would be
$10.00 or less.
§ 51–11.15
Penalties.
(a) An employee who discloses
official records or information or gives
testimony relating to official
information, except as expressly
authorized by the Committee, or as
ordered by a Federal court after the
Committee has had the opportunity to
be heard, may face the penalties
provided in 18 U.S.C. 641 and other
applicable laws. Additionally, former
Committee employees are subject to the
restrictions and penalties of 18 U.S.C.
207 and 216.
(b) A current Committee employee
who testifies or produces official
records and information in violation of
this part may be subject to disciplinary
action.
Patricia Briscoe,
Deputy Director, Business Operations (Pricing
and Information Management).
[FR Doc. 2017–23388 Filed 10–26–17; 8:45 am]
BILLING CODE 6353–01–P
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
49751
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–HQ–ES–2015–0009;
4500090023]
RIN 1018–BA80
Endangered and Threatened Wildlife
and Plants; Removing Textual
Descriptions of Critical Habitat
Boundaries for Plants on the Hawaiian
Islands
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are removing
the textual descriptions of critical
habitat boundaries from those
designations for plants on the Hawaiian
Islands of Kauai, Niihau, and Hawaii for
which the maps have been determined
to be sufficient to stand as the official
delineation of critical habitat. For these
entries, the boundaries of critical habitat
as mapped or otherwise described will
be the official delineation of the
designation. The coordinates and/or
plot points that we are removing from
the Code of Federal Regulations will be
available to the public at the lead field
office of the Service responsible for the
designation and online at the Federal
eRulemaking Portal. This action does
not increase, decrease, or otherwise
change the boundaries of any critical
habitat designation. We are taking this
action in accordance with our May 1,
2012, revision of the regulations related
to publishing textual descriptions of
critical habitat boundaries in the Code
of Federal Regulations and as part of our
response to Executive Order 13563
(January 18, 2011) directing Federal
agencies to review their existing
regulations and then to modify or
streamline them in accordance with
what they learned.
DATES: This rule is effective November
27, 2017.
ADDRESSES: This final rule is available
online at the Federal eRulemaking
Portal at https://www.regulations.gov.
Supporting documentation used in the
preparation of this rule will be available
for public inspection, by appointment,
during normal business hours at: U.S.
Fish and Wildlife Service, Branch of
Listing Policy and Support, MS: ES,
5275 Leesburg Pike, Falls Church, VA
22041–3803; telephone 703–358–2171;
facsimile 703–358–1735.
FOR FURTHER INFORMATION CONTACT:
Carey Galst, U.S. Fish and Wildlife
SUMMARY:
E:\FR\FM\27OCR1.SGM
27OCR1
]]>Agencies
[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Rules and Regulations]
[Pages 49747-49751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23388]
=======================================================================
-----------------------------------------------------------------------
COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED
41 CFR Part 51-11
RIN 3037-AA04
Touhy Regulations
AGENCY: Committee for Purchase From People Who Are Blind or Severely
Disabled.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Committee for Purchase From People Who Are Blind or
Severely Disabled (Committee) has revised procedures to respond to
subpoenas or other official demands for information and testimony
served upon itself or its employees.
DATES: This rule is effective November 27, 2017
FOR FURTHER INFORMATION CONTACT: Timi Kenealy, (703) 603-2100, Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The Committee, operating as the U.S. AbilityOne Commission,
administers the AbilityOne Program pursuant to the authority of 41
U.S.C. 8501. Through this program, employment opportunities are
provided to people who are blind or severely disabled through the
provisions of products and services to the Federal Government.
Pursuant to 5 U.S.C. 301, the head of an Executive department or
military department may prescribe regulations for the government of his
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. The part does not authorize
withholding information from the public or limiting the availability of
records to the public.
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 Committee's procedures for authorizing
or denying such demands. In addition to the updates for the Touhy case,
the Committee made technical corrections to include changes to the
mailing address and changed ``JWOD'' to ``AbilityOne'' the operating
name of the agency since 2010. Changes to this section of the CFR were
last made in 1994. On July 18, 2017, the Committee published a proposed
rule outlining these changes on https://www.federalregister.gov/. No
comments were received and this rule is being finalized with no
additional changes.
Regulatory Analysis
Executive Order 12866, Regulatory Planning and Review, and Executive
Order 13563, Improving Regulation and Regulatory Review
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule benefits the public and the United States
Government by providing clear procedures for members of the public and
Government employees to follow when official
[[Page 49748]]
testimony or official documents, records, files or information are
sought from the Committee or from Committee personnel in connection
with legal proceedings. This rule has not been designated a significant
regulatory action.
Unfunded Mandates Reform Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2
U.S.C. 1532) requires agencies to assess anticipated costs and benefits
before issuing any rule whose mandates require spending in any 1 year
of $100 million in 1995 dollars, updated annually for inflation. In
2016, that threshold is approximately $146 million. This rule will not
mandate any requirements for State, local, or tribal governments, nor
will it affect private sector costs.
Public Law 96-354, Regulatory Flexibility Act
The Committee certifies this proposed rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. Ch. 6) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities. This rule will provide clarity to U.S. Government
personnel and outside counsel on the proper rules and procedures to
serve process on U.S. Government officials in their official capacity
and to obtain official U.S. Government testimony or documents for use
in legal proceedings. Therefore, the Regulatory Flexibility Act, as
amended, does not require the Committee to prepare a regulatory
flexibility analysis.
Executive Order 13132, Federalism
Executive Order 13132 establishes certain requirements that an
agency must meet when it promulgates a proposed rule (and subsequent
final rule) that imposes substantial direct requirement costs on State
and local governments, preempts State law, or otherwise has Federalism
implications. This rule will not have a substantial effect on the
States; the relationship between the National Government and the
States; or the distribution of power and responsibilities among the
various levels of Government.
Public Law 96-511, Paperwork Reduction Act
It has been determined that this rule does not impose reporting or
record keeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. Chapter 35).
List of Subjects in 41 CFR Part 51-11
Administrative practices and procedures, Courts, Disclosure,
Exemptions, Government employees, Subpoenas, Records, Testimony.
0
For the reasons set forth above, the Committee amends chapter 51 of
title 41 by adding part 51-11 to read as follows:
PART 51-11--PRODUCTION OR DISCLOSURE IN FEDERAL AND STATE
PROCEEDINGS
Sec.
51-11.1 Scope and purpose.
51-11.2 Applicability.
51-11.3 Definitions.
51-11.4 General prohibition.
51-11.5 Service of demand.
51-11.6 Filing requirements for demand for documents or testimony.
51-11.7 Factors the Committee will consider.
51-11.8 Processing demands or requests.
51-11.9 Final determination.
51-11.10 Restrictions that apply to testimony.
51-11.11 Restrictions that apply to released records.
51-11.12 Procedure when a decision is not made prior to the time a
response is required.
51-11.13 Procedure in the event of an adverse ruling.
51-11.14 Fees.
51-11.15 Penalties.
Authority: 41 U.S.C. 8503(d); 41 CFR Ch. 51.
Sec. 51-11.1 Scope and purpose.
(a) This part sets forth policies and procedures of the Committee
for Purchase From People Who Are Blind or Severely Disabled (Committee)
regarding the testimony of current and former employees as witnesses
and the production or disclosure of Committee documents or information:
(1) In all Federal and State proceedings in which the United States
is a party; and
(2) In all Federal and State proceedings in which the United States
is not a party, when a demand pursuant to a subpoena, order or request
(collectively referred to in this part as a ``demand'') of a court or
other authority is issued for such material, testimony, or information.
(b) The Committee intends these provisions to:
(1) Promote economy and efficiency in its programs and operations;
(2) Minimize the possibility of involving the Committee in
controversial issues not related to its functions;
(3) Prevent the misuse of the Committee's employees as involuntary
expert witnesses for private interests or as inappropriate expert
witnesses as to the state of the law;
(4) Maintain the Committee's impartiality among private litigants
where neither the Committee nor any other Federal entity is a named
party; and
(5) Protect sensitive, confidential information and the
deliberative processes of the Committee.
(c) In providing for these requirements, the Committee does not
waive the sovereign immunity of the United States.
(d) This part provides guidance for the internal operations of the
Committee. The procedures specified in this part, or the failure of any
Committee employee to follow the procedures specified in this part, are
not intended to, do 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.
Sec. 51-11.2 Applicability.
This part applies to demands and requests to employees of the
Committee in legal proceedings, 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 for a current Committee 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 the Committee;
(b) Demands for a former Committee employee to testify as to
matters in which the former employee was not directly or materially
involved while at the Committee;
(c) Requests for the release of non-exempt records under the
Freedom of Information Act, 5 U.S.C. 552 (41 CFR part 51-8), or the
Privacy Act, 5 U.S.C. 552(a) (41 CFR part 51-9); and
(d) Congressional or Government Accountability Office (GAO) demands
and requests for testimony or records.
Sec. 51-11.3 Definitions.
As used in this part:
Committee means the Committee for Purchase From People Who Are
Blind or Severely Disabled.
Committee employee or employee means:
(1) Any current or former officer or employee of the Committee;
(2) Any other individual hired through contractual agreement by or
on behalf of the Committee or who has performed or is performing
services under such an agreement for the Committee; and
(3) Any individual who served or is serving in any consulting or
advisory
[[Page 49749]]
capacity to the Committee, whether formal or informal.
(4) Provided, that this definition does not include persons who are
no longer employed by the Committee 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 the
Committee.
Demand means a subpoena, request, or an order or other command of a
court or other competent authority, for the production, disclosure, or
release of records or information related to, for the appearance and
testimony of a Committee employee that is issued in a legal proceeding.
General Counsel means Committee General Counsel or Committee
employee to whom the General Counsel has delegated authority to act
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 discovery,
litigation and informal requests by attorneys or others involved in
legal proceedings seeking interviews or the like.
Records or official records and information mean all documents and
materials, however stored, that is in the custody and control of the
Committee, relating to information in the custody and control of the
Committee, or acquired by a Committee employee in the performance of
his or her official duties or because of his or her official status,
while such individual was employed.
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.
Sec. 51-11.4 General prohibition.
(a) In any Federal or State case or matter in which the United
States is not a party, no employee or former employee of the Committee
shall, in response to a demand, produce any record contained in the
files of the Committee, or disclose any information relating to or
based upon record contained in the files of the Department, or disclose
any information or produce any record acquired as part of the
performance of that person's official duties or because of that
person's official status without prior written approval of the General
Counsel in accordance with Sec. 51-11.9.
(1) Whenever a demand is made upon an employee or former employee
as described in this paragraph (a), the employee shall immediately
notify the General Counsel. The General Counsel shall follow procedures
set forth in Sec. 51-11.8.
(2) If oral testimony is sought by a demand in any case or matter
in which the United States is not a party, an affidavit, or, if that is
not feasible, a statement by the party seeking the testimony or by his
attorney, setting forth a summary of the testimony sought and its
relevance to the proceeding, must be furnished to the General Counsel.
Any authorization for testimony by a present or former employee of the
Committee shall be limited to the scope of the demand as summarized in
such statement.
(3) When information other than oral testimony is sought by a
demand, the General Counsel shall request a summary of the information
sought and its relevance to the proceeding.
(b) In any Federal or State case or matter in which the United
States is a party, the General Counsel is authorized to reveal and
furnish to any person, including an actual or prospective witness, a
grand jury, counsel, or a court, either during or preparatory to a
proceeding, such testimony, and relevant unclassified material,
documents, or information secured by the employee or former employee of
the Committee, as the General Counsel shall deem necessary or desirable
to the discharge of the attorney's official duties: Provided, Such an
attorney shall consider, with respect to any disclosure, the factors
set forth in Sec. 51-11.7.
(1) If oral testimony is sought by a demand in a case or matter in
which the United States is a party, an affidavit, or, if that is not
feasible, a statement by the party seeking the testimony or by the
party's attorney setting forth a summary of the testimony sought must
be furnished to the agency attorney handling the case or matter.
(2) [Reserved]
(c) In appropriate cases, the General Counsel shall notify the
United States Department of Justice (DOJ) of the demand and coordinate
with the DOJ to file any appropriate motions or other pleadings.
Sec. 51-11.5 Service of demand.
(a) Written demands directed to the Committee or requests for
official records, information or testimony shall be served in
accordance with the requirements of the Federal Rules of Civil or
Criminal Procedure, or applicable State procedures, as appropriate. If
the demand is served by U.S. mail, it should be addressed to the
General Counsel, Committee for Purchase From People Who Are Blind or
Severely Disabled, 1401 S. Clark Street, Suite 715, Arlington, VA
22202. The Committee's acceptance of service of a demand shall not
constitute an admission or waiver of any objection with respect to the
propriety of jurisdiction, service of process, venue or any other
defense in law or equity available under applicable law.
(b) If any doubt exists, whether a demand relates to purely
personal matters or arises out of the performance of official duties,
copies of the demand may be delivered to the General Counsel for such
determination.
Sec. 51-11.6 Filing requirements for demands for documents or
testimony.
Compliance with the following requirements is required when issuing
demands or requests for official records, information or testimony.
(a) Requests must be in writing and must be submitted to the
General Counsel. If a subpoena is served on the Committee or a
Committee employee before submitting a written request and receiving a
final determination, the Committee will object to the subpoena on
grounds that it was not submitted in accordance with this part.
(b) Written requests must contain the following information:
(1) The caption of the legal proceeding, docket number, and name
and address of the court or other authority involved;
(2) A copy of the complaint or equivalent document setting forth
the assertions in the case and any other pleading or document necessary
to show the relevance of the information sought;
(3) A detailed description of how the information sought is
relevant to the issues in the legal proceeding, and a specific
description of the substance of the testimony or records sought;
(4) A statement as to how the need for the information outweighs
the need to maintain any confidentiality of the information and
outweighs the burden on the Committee to produce the records or provide
testimony;
(5) A statement indicating that the information sought is not
available from another source, from other persons or entities, or from
the testimony of someone other than a Committee employee, such as a
retained expert;
[[Page 49750]]
(6) If testimony is requested, the intended use of the testimony, a
general summary of the desired testimony, and a showing that no
document could be provided and used in lieu of testimony;
(7) A description of all prior decisions, orders, or pending
motions in the case that bear upon the relevance of the requested
records or testimony;
(8) The name, address, and telephone number of counsel to each
party in the case; and
(9) An estimate of the amount of time that the requester and other
parties will require with each Committee employee for time spent by the
employee to prepare for testimony, in travel, and for attendance at the
legal proceeding.
(c) The Committee reserves the right to require additional
information to complete any request where appropriate.
(d) Requests should be submitted at least 45 calendar days before
the date that records or testimony is required. Requests submitted in
less than 45 calendar days before records or testimony is required must
be accompanied by a written explanation stating the reasons for the
late request and the reasons for expedited processing.
(e) Failure to cooperate in good faith to enable the General
Counsel to make an informed decision may serve as the basis for a
determination not to comply with the request.
Sec. 51-11.7 Factors the Committee will consider.
The General Counsel in his or her sole discretion, may grant an
employee permission to testify on matters relating to official
information, or produce official records and information, in response
to an appropriate demand or request. Among the relevant factors that
the General Counsel may consider in making this decision are whether:
(a) The purposes of this part are met;
(b) Allowing such testimony or production of records would be
necessary to prevent a miscarriage of justice;
(c) The Committee has an interest in the decision that may be
rendered in the legal proceeding;
(d) Allowing such testimony or production of records would assist
or hinder the Committee in performing its statutory duties or use the
Committee resources in a way that will interfere with the ability of
the Committee employees to do their regular work;
(e) Allowing such testimony or production of records would be in
the best interest of the Committee or the United States;
(f) The records or testimony can be obtained from other sources;
(g) The demand or request is unduly burdensome or otherwise
inappropriate under the applicable rules of discovery or the rules of
procedure governing the case or matter in which the demand or request
arose;
(h) Disclosure would violate a statute, Executive order or
regulation;
(i) Disclosure would reveal confidential, sensitive, or privileged
information, trade secrets or similar, confidential commercial or
financial information, otherwise protected information, or would
otherwise be inappropriate for release;
(j) Disclosure would impede or interfere with an ongoing law
enforcement investigation or proceedings, or compromise constitutional
rights;
(k) Disclosure would result in the Committee appearing to favor one
private litigant over another private litigant;
(l) Disclosure relates to documents that originate from another
agency;
(m) A substantial Government interest is implicated;
(n) The demand or request is within the authority of the party
making it;
(o) The demand improperly seeks to compel a Committee employee to
serve as an expert witness for a private interest;
(p) The demand improperly seeks to compel a Committee employee to
testify as to a matter of law; and/or
(q) The demand or request is sufficiently specific to be answered.
Sec. 51-11.8 Processing demands or requests.
(a) After service of a demand or request, the General Counsel will
review the demand or request and, in accordance with the provisions of
this part, determine whether, or under what conditions, to authorize an
employee to testify on matters relating to Committee records and/or
produce records.
(b) The Committee will process requests in the order in which they
are received. Absent exigent or unusual circumstances, the Committee
will respond within 45 calendar days from the date of receipt. The time
for response will depend upon the scope of the request.
(c) The General Counsel may grant a waiver of any procedure
described by this part where a waiver is considered necessary to
promote a significant interest of the Committee or the United States or
for other good cause.
Sec. 51-11.9 Final determination.
The General Counsel makes the final determination on demands and
requests for production of official records 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 or request, and any conditions
that the General Counsel may impose on the release of records or
information, or on the testimony of a Committee employee.
Sec. 51-11.10 Restrictions that apply to testimony.
(a) Conditions or restrictions may be imposed on the testimony of
the Committee employees including, for example, limiting the areas of
testimony or requiring the requester and other parties to the legal
proceeding to agree that they will seek to file the transcript of the
testimony under seal and that it will be used or made available only in
the particular legal proceeding for which testimony was requested. The
General Counsel may also require a copy of the transcript or testimony
be provided to the Committee at the requester's expense.
(b) The Committee may offer the employee's written declaration in
lieu of testimony.
(c) If authorized to testify pursuant to this part, an employee may
testify as to facts 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;
(2) Testify as to any information outside the scope of the General
Counsel's authorization (see Sec. 51-11.7); or
(3) For a current Committee 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 the Committee unless testimony is
being given on behalf of the United States whether or not the United
States is a party.
Sec. 51-11.11 Restrictions that apply to released records.
(a) The General Counsel may impose conditions or restrictions on
the release of official records 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 a confidentiality
agreement must be acceptable to the General Counsel. In cases where
protective orders or confidentiality agreements
[[Page 49751]]
have already been executed, the Committee may condition the release of
official records and information on an amendment to the existing
protective order or confidentiality agreement.
(b) If the General Counsel so determines, original Committee
records may be presented for examination in response to a demand or
request, but they are not to be presented as evidence or otherwise used
in a manner by which they could lose their identity as official
Committee records, and they are not to be marked or altered. In lieu of
the original records, certified copies will be presented for
evidentiary purposes.
Sec. 51-11.12 Procedure when a decision is not made prior to the time
a response is required.
If a response to a demand or request is required before the General
Counsel can make the determination previously referred to, 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 or request is being reviewed, and seek a stay
of the demand or request pending a final determination.
Sec. 51-11.13 Procedure in the event of an adverse ruling.
If the court or other competent authority fails to stay the demand,
the employee upon whom the demand or request is made, unless otherwise
advised by the General Counsel, will appear at the stated time and
place, produce a copy of this part, state that the employee has not
been authorized to provide the requested testimony or produce
documents, and respectfully decline to comply with the demand, citing
United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951). A written
response may be offered to a request, or to a demand, if permitted by
the court or other competent authority.
Sec. 51-11.14 Fees.
(a) Generally. The General Counsel may condition the production of
records or appearance for testimony upon advance payment of a
reasonable estimate of the costs to the Committee.
(b) Fees for records. Fees for producing records will include fees
for searching, reviewing, and duplicating records, costs of attorney
time spent in reviewing the demand or request, and expenses generated
by materials and equipment used to search for, produce, and copy the
responsive information. Costs for employee time will be calculated on
the basis of the hourly pay of the employee (including all pay,
allowance, and benefits). Fees for duplication will be the same as
those charged by the Committee in its Freedom of Information Act
regulations at 41 CFR part 51-8.
(c) Witness fees. Fees for attendance by a witness will include
fees, expenses, and allowances prescribed by the court's rules. If no
such fees are prescribed, witness fees will be determined based upon
the rule of the Federal district court closest to the location where
the witness will appear. Such fees will include cost of time spent by
the witness to prepare for testimony, travel time and expenses, and for
attendance in the legal proceeding.
(d) Payment of fees. Witness fees for current Committee employees
and any records certification fees shall be paid by check or money
order presented to the Committee made payable to the United States
Department of Treasury. Applicable fees for former Committee employees'
testimony must be paid directly to the former employee in accordance
with 28 U.S.C. 1821 or other applicable statutes.
(e) Certification (authentication) of copies of records. The
Committee Records Manager may certify that records are true copies in
order to facilitate their use as evidence. Certification requests
require 45 calendar days for processing and a fee of $15.00 for each
document certified.
(f) Waiver or reduction of fees. The General Counsel, in his or her
sole discretion, may, upon a showing of reasonable cause, waive or
reduce any fees in connection with the testimony, production, or
certification of records.
(g) De minimis fees. Fees will not be assessed if the total charge
would be $10.00 or less.
Sec. 51-11.15 Penalties.
(a) An employee who discloses official records or information or
gives testimony relating to official information, except as expressly
authorized by the Committee, or as ordered by a Federal court after the
Committee has had the opportunity to be heard, may face the penalties
provided in 18 U.S.C. 641 and other applicable laws. Additionally,
former Committee employees are subject to the restrictions and
penalties of 18 U.S.C. 207 and 216.
(b) A current Committee employee who testifies or produces official
records and information in violation of this part may be subject to
disciplinary action.
Patricia Briscoe,
Deputy Director, Business Operations (Pricing and Information
Management).
[FR Doc. 2017-23388 Filed 10-26-17; 8:45 am]
BILLING CODE 6353-01-P
