This rule is not significant pursuant to Executive Order (E.O.) 12866. This rule is an E.O. 14192 deregulatory action. This rule does not contain policies having federalism implications as the term is defined in E.O. 13132.
Because a notice of proposed rulemaking and an opportunity for public participation are not required to be given for this rule by
5 U.S.C. 553(b)(B), the analytical requirements of the Regulatory Flexibility Act (
5 U.S.C. 601
et seq.) are not applicable. Accordingly, no regulatory flexibility analysis is required, and none has been prepared.
This rule will not impose additional reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995,
44 U.S.C. 3501,
et seq.
2. Amend § 15.14 by revising paragraphs (f)(1) and (g)(1) to read as follows:
Demand for testimony or production of documents in matters in which the United States is not a party.
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(f) * * *
(1) Decline to answer on the grounds that such testimony is prohibited; and
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(g)
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(1) Current employees, with or without compensation, shall not provide expert or opinion testimony in any legal proceedings regarding Department information, subjects, or activities except on behalf of the United States or a party represented by the United States Department of Justice, unless they receive a prior authorization in writing from the General Counsel or appropriate agency counsel.
(i) If, while testifying in any legal proceeding, an employee is asked for expert or opinion testimony regarding official information, subjects, or activities, which testimony has not been approved in advance in accordance with the regulations in this subpart, the witness shall:
(A) Decline to answer on the grounds that such expert or opinion testimony is forbidden by the regulations in this subpart; and
(B) Request an opportunity to consult with the General Counsel or appropriate agency counsel before giving such testimony.
(C) [Reserved]
(ii) If the body conducting the proceeding then orders the witness to provide expert or opinion testimony regarding official information, subjects, or activities without the opportunity to consult with either the General Counsel or appropriate agency counsel, the witness shall decline to comply with that order.
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