[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR615.5]



[Page 141]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 615_TESTIMONY AND PRODUCTION OF RECORDS--Table of Contents

 

Sec. 615.5  Legal proceedings between private litigants: Testimony and 

production of documents.



    (a) No employee may produce official records and information or 

provide any testimony in response to a demand or request unless 

authorized to do so by the General Counsel in accordance with this part.

    (b) The General Counsel, in his or her discretion, may grant an 

employee permission to testify or produce official records and 

information in response to a demand or request. In making this decision, 

the General Counsel shall consider whether:

    (1) The purposes of this part are met;

    (2) Allowing such testimony or production of records would be 

necessary to prevent a miscarriage of justice;

    (3) NSF has an interest in the decision that may be rendered in the 

legal proceeding; and

    (4) Allowing such testimony or production of records would be in the 

best interest of NSF or the United States.

    (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, shall not:

    (1) Disclose confidential or privileged information;

    (2) Testify as to facts when the General Counsel determines such 

testimony would not be in the best interest of the Foundation or the 

United States; or

    (3) 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 Foundation.