[Federal Register Volume 67, Number 98 (Tuesday, May 21, 2002)]
[Rules and Regulations]
[Pages 35709-35713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12552]



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  Federal Register / Vol. 67, No. 98 / Tuesday, 
May 21, 2002 / Rules and Regulations  

[[Page 35709]]



OFFICE OF GOVERNMENT ETHICS

5 CFR Part 2608

RIN 3209-AA23


Testimony by OGE Employees Relating to Official Information and 
Production of Official Records in Legal Proceedings

AGENCY: Office of Government Ethics (OGE).

ACTION: Final rule.

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SUMMARY: The Office of Government Ethics is adopting as final a 
proposed rule, with certain minor changes based primarily on comments 
received, that sets forth procedures that requesters have to follow 
when making demands on or requests to an OGE employee to produce 
official records and information, and provide testimony relating to 
official information, in connection with a legal proceeding in which 
OGE is not a party. This final rule establishes procedures to respond 
to such demands and requests in an orderly and consistent manner. The 
rule, among other benefits, will promote uniformity in decisions, 
protect confidential information, provide guidance to requesters, and 
reduce the potential for both inappropriate disclosures of official 
information and wasteful allocation of agency resources.

EFFECTIVE DATE: June 20, 2002.

FOR FURTHER INFORMATION CONTACT: William E. Gressman, Senior Associate 
General Counsel, Office of Government Ethics, telephone: 
202-208-8000; TDD: 202-208-8025; FAX: 
202-208-8037.

SUPPLEMENTARY INFORMATION:

Background

    The Office of Government Ethics occasionally receives subpoenas and 
requests for OGE employees to provide evidence in litigation or other 
legal proceedings in which OGE is not a party. Typically, these 
subpoenas and requests are for OGE records that are not available to 
the public under the Freedom of Information Act (FOIA). Also, OGE 
sometimes receives subpoenas and requests for OGE employees to appear 
as witnesses in litigation in conjunction with a request for nonpublic 
records. Requesters have sought information, for example, on a 
particular filer of a financial disclosure report, a particular nominee 
or incumbent or former employee and for any ethics advice that OGE may 
have given to that individual, or concerning the nature of ethical 
advice that OGE gave to another agency and how OGE arrived at that 
advice.
    Responding to such demands and requests sometimes results in a 
significant disruption in an OGE employee's work schedule. The result 
is that employees may be diverted from performing their official duties 
in order to respond to requests from parties in litigation. In order to 
address this problem, many agencies over the years have issued 
"Touhy" regulations that are similar to this final 
regulation, governing the circumstances and manner in which an employee 
may respond to demands for testimony or for the production of 
documents. Such a regulation was upheld by the United States Supreme 
Court in United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951).
    In Touhy, the Supreme Court held that a Department of Justice (DOJ) 
official, acting on order of the Attorney General, could not be held in 
contempt for declining to produce records in response to a subpoena. 
The employee's refusal was based upon a DOJ regulation that prohibited 
disclosure of agency files, documents, records, or information without 
the express approval of the Attorney General. The Court upheld the 
validity of the DOJ regulation, reasoning that it was appropriate for 
the Attorney General to prescribe regulations not inconsistent with law 
for the custody, use, and preservation of records, papers, and property 
pertaining to DOJ.
    On September 24, 2001, OGE published in the Federal Register its 
own proposed Touhy regulation, for codification in a new part 2608 of 5 
CFR. See 66 FR 48824-48828, which provided for a 60-day public 
comment period. The Office of Government Ethics received suggestions on 
the rule as proposed from two commenters. As noted below in the summary 
of this final rule, we are adopting several minor changes in this final 
rule from the rule as proposed, based primarily on those comments. 
Moreover, in order to clarify the application of this rule, OGE has 
decided to revise the proposed part heading to make express that it 
applies to testimony by OGE employees "relating to official 
information" (as opposed to private matters), as well as to the 
production of official records in legal proceedings. In addition, OGE 
has determined to add a reference to 31 U.S.C. 9701 to the new part 
2608 authority citation. This statute authorizes agencies to issue 
regulations providing for fair and cost-based fees and charges.
    Briefly summarized, this final rule prohibits disclosure of 
nonpublic official records or testimony by OGE employees unless there 
is compliance with the rule ( 2608.201 and 2608.203). 
Based on a suggestion of one of the commenters, OGE is dropping the 
word "recorded" before the term "interviews" in 
the list of types of testimony covered by this regulation. The rule 
identifies the factors that OGE will consider in making determinations 
in response to such requests and what information requesters must 
provide ( 2608.202 and 2608.203). In response to a 
comment, OGE has added "otherwise protected information" to 
the types of sensitive information enumerated in paragraph (i) of 
 2608.202; on its own initiative, OGE is adding the term 
"demand," in addition to request, to the text of paragraph 
(d) of that section. The rule also specifies when the request should be 
submitted ( 2608.203), the time period for review 
( 2608.205), potential fees ( 2608.301), and, 
if a request is granted, any restrictions that may be placed on the 
disclosure of records or the appearance of an OGE employee as a witness 
( 2608.207 and 2608.208). As suggested by one of the 
commenters, OGE is deleting proposed subparagraph (c)(2) of 
 2608.207, which concerned denial of authorization by the 
General Counsel for fact testimony if contrary to the best interest of 
OGE or the United States, as unnecessary given the overall requirement 
for authorization for such testimony in paragraph (c). The Office of 
Government Ethics is adopting in this

[[Page 35710]]

final rule two other changes suggested by the commenters. First, OGE is 
adding the phrase "when necessary" to the procedure 
provided in  2608.209 for informing the court or other 
competent authority and seeking a stay when a decision is not made 
prior to the time a response is required. This modification from the 
section as proposed recognizes that at times there can be informal 
resolution of such matters short of seeking a stay. The second change 
is that OGE is adding the phrase "unless otherwise advised by the 
General Counsel" to the procedure provided in 
 2608.210 for personal appearance of an OGE employee when a 
stay of a demand (or, as now added by OGE, a request) is denied. This 
change likewise recognizes that such denials can sometimes be resolved 
instead by written response (see the section's last sentence) or 
otherwise.
    The charges for witnesses are the same as those provided by the 
Federal courts; and the fees related to production of records are the 
same as those charged under FOIA. The charges for time spent by an 
employee to prepare for testimony and for certification of records by 
OGE are authorized under 31 U.S.C. 9701, which permits an agency to 
charge for services or things of value that are provided by the agency.
    This final rule applies to a broad range of matters in any legal 
proceeding in which OGE is not a named party. It also applies to former 
and current OGE employees (as well as OGE consultants and advisers). 
Former OGE employees are prohibited from testifying about specific 
matters for which they had responsibility during their active 
employment unless permitted to testify as provided in the rule. They 
would not be barred from appearing to testify about general matters 
unconnected with the specific matters for which they had 
responsibility.
    This final regulation will ensure a more efficient use of OGE 
resources, minimize the possibility of involving OGE in issues 
unrelated to its responsibilities, promote uniformity in responding to 
such requests and subpoenas, and maintain the impartiality of OGE in 
matters that are in dispute between other parties. It will also serve 
OGE's interest in protecting sensitive, confidential, and privileged 
information and records that are generated in response to the 
requirements in the ethics laws and regulations.
    This final OGE rule is internal (not branchwide), and is 
essentially procedural, not substantive. It does not create a right to 
obtain official records or the official testimony of an OGE employee 
nor would it create any additional right or privilege not already 
available to OGE to deny any demand or request therefor. However, any 
failure to comply with the procedures in this rule would be a basis for 
denying a demand or request submitted to OGE.

Matters of Regulatory Procedure

Regulatory Flexibility Act

    For purposes of the Regulatory Flexibility Act (5 U.S.C. chapter 
6), this final rule will not have a significant economic impact on a 
substantial number of small entities. The rule addresses only the 
procedures to be followed in the production or disclosure of official 
OGE materials and information in litigation where OGE is not a party. 
Accordingly, OGE has determined that a Regulatory Flexibility Analysis 
is not required.

Unfunded Mandates Reform Act

    For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
chapter 25, subchapter II), this rule will not significantly or 
uniquely affect small governments and will not result in increased 
expenditures by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100 million or more (as adjusted for 
inflation) in any one year.

Executive Order 12866

    In issuing this regulation, the Office of Government Ethics has 
adhered to the regulatory philosophy and the applicable principles of 
regulation as set forth in section 1 of Executive Order 12866, 
Regulatory Planning and Review. This final rule has not been reviewed 
by the Office of Management and Budget under that Executive order since 
it is not a significant regulatory action within the meaning of the 
Executive order.

Executive Order 12988

    As Director of the Office of Government Ethics, I have reviewed 
this final regulation in light of section 3 of Executive Order 12988, 
Civil Justice Reform, and certify that it meets the applicable 
standards provided therein.

Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply 
because this final regulation does not contain information collection 
requirements that require approval by the Office of Management and 
Budget. The Office of Government Ethics expects the collection of 
information that is called for by the regulation would involve fewer 
than ten persons each year.

Congressional Review Act

    The Office of Government Ethics has determined that this rulemaking 
involves a nonmajor rule under the Congressional Review Act (5 U.S.C. 
chapter 8) and has submitted a report thereon to the U.S. Senate, House 
of Representatives and General Accounting Office in accordance with 
that law.

List of Subjects in 5 CFR Part 2608

    Administrative practice and procedure, Conflict of interests, 
Courts, Government employees, Penalties, Records, Subpoenas, Testimony.

    Approved: May 14, 2002.
Amy L. Comstock,
Director, Office of Government Ethics.

    Accordingly, for the reasons set forth in the preamble, the Office 
of Government Ethics hereby adds a new part 2608 to 5 CFR chapter XVI 
to read as follows:

PART 2608-TESTIMONY BY OGE EMPLOYEES RELATING TO OFFICIAL 
INFORMATION AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS

Subpart A-General Provisions

Sec.
2608.101  Scope and purpose.
2608.102  Applicability.
2608.103  Definitions.
Subpart B-Requests for Testimony and Production of Documents
2608.201  General prohibition.
2608.202   Factors OGE will consider.
2608.203   Filing requirements for demands or requests for 
documents or testimony.
2608.204  Service of subpoenas or requests.
2608.205  Processing demands or requests.
2608.206  Final determination.
2608.207  Restrictions that apply to testimony.
2608.208  Restrictions that apply to released records.
2608.209  Procedure when a decision is not made prior to the 
time a response is required.
2608.210  Procedure in the event of an adverse ruling.
Subpart C-Schedule of Fees
2608.301  Fees.
Subpart D-Penalties
2608.401  Penalties.

    Authority: 5 U.S.C. App. (Sec. 401, Ethics in Government Act of 
1978); 31 U.S.C. 9701; 44 U.S.C. 3101-3107, 3301-3303a, 
3308-3314.

[[Page 35711]]

Subpart A-General Provisions


 2608.101  Scope and purpose.

    (a) This part sets forth policies and procedures you must follow 
when you submit a demand or request to an employee of the Office of 
Government Ethics (OGE) to produce official records and information, or 
provide testimony relating to official information, in connection with 
a legal proceeding. You must comply with these requirements when you 
request the release or disclosure of official records and information.
    (b) The Office of Government Ethics intends these provisions to:
    (1) Promote economy and efficiency in its programs and operations;
    (2) Minimize the possibility of involving OGE in controversial 
issues not related to our functions;
    (3) Maintain OGE's impartiality among private litigants where OGE 
is not a named party; and
    (4) Protect sensitive, confidential information and the 
deliberative processes of OGE.
    (c) In providing for these requirements, OGE does not waive the 
sovereign immunity of the United States.
    (d) This part provides guidance for the internal operations of OGE. 
It does not create any right or benefit, substantive or procedural, 
that a party may rely upon in any legal proceeding against the United 
States.


 2608.102  Applicability.

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


 2608.103  Definitions.

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

Subpart B-Requests for Testimony and Production of Documents


 2608.201  General prohibition.

    No employee may produce official records and information or provide 
any testimony relating to official information in response to a demand 
or request without the prior, written approval of the General Counsel.


 2608.202  Factors OGE 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 a 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) OGE 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 OGE in performing its statutory duties or use OGE resources 
where responding to the demand or request will interfere with the 
ability of OGE employees to do their work;
    (e) Allowing such testimony or production of records would be in 
the best interest of OGE 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 information 
which 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 OGE appearing to favor one litigant 
over another;
    (l) Disclosure relates to documents that were produced by another 
agency;
    (m) A substantial Government interest is implicated;
    (n) The demand or request is within the authority of the party 
making it; and
    (o) The demand or request is sufficiently specific to be answered.

[[Page 35712]]

 2608.203  Filing requirements for demands or requests for 
documents or testimony.

    You must comply with the following requirements whenever you issue 
demands or requests to an OGE employee for official records and 
information or testimony:
    (a) Your request must be in writing and must be submitted to the 
General Counsel. If you serve a subpoena on OGE or an OGE employee 
before submitting a written request and receiving a final 
determination, OGE will oppose the subpoena on grounds that your 
request was not submitted in accordance with this subpart.
    (b) Your written request 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 relevance;
    (3) A list of categories of records sought, 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 OGE 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 an OGE employee, such as a retained 
expert;
    (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 OGE employee for time spent by the 
employee to prepare for testimony, in travel, and for attendance in the 
legal proceeding.
    (c) The Office of Government Ethics reserves the right to require 
additional information to complete your request where appropriate.
    (d) Your request should be submitted at least 45 days before the 
date that records or testimony is required. Requests submitted in less 
than 45 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 your request.


 2608.204  Service of subpoenas or requests.

    Subpoenas or requests for official records or information or 
testimony must be served on the General Counsel, Office of Government 
Ethics, Suite 500, 1201 New York Avenue, NW., Washington, DC 
20005-3917.


 2608.205  Processing demands or requests.

    (a) After service of a demand or request to testify, the General 
Counsel will review the demand or request 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 records and information.
    (b) The Office of Government Ethics will process requests in the 
order in which they are received. Absent exigent or unusual 
circumstances, OGE will respond within 45 days from the date that we 
receive it. 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 subpart where a waiver is considered necessary to 
promote a significant interest of OGE or the United States or for other 
good cause.


 2608.206  Final determination.

    The General Counsel makes the final determination on demands and 
requests to employees 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 an OGE employee.


 2608.207  Restrictions that apply to testimony.

    (a) The General Counsel may impose conditions or restrictions on 
the testimony of OGE 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) The Office of Government Ethics 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; or
    (2) For a current OGE 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 OGE unless testimony is being given 
on behalf of the United States (see also  2635.805 of this 
chapter).


 2608.208  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 have already been 
executed, OGE 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 OGE 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 OGE records, nor 
are they to be marked or altered. In lieu of the original records, 
certified copies will be presented for evidentiary purposes (see 28 
U.S.C. 1733).


 2608.209  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 referred to

[[Page 35713]]

in  2608.201, 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.


 2608.210  Procedure in the event of an adverse ruling.

    If the court or other competent authority fails to stay the demand 
or request, 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 been advised by counsel not to provide the requested 
testimony or produce documents, and respectfully decline to comply with 
the demand or request, 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.

Subpart C-Schedule of Fees


 2608.301  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 OGE.
    (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 OGE in its Freedom of Information Act and Ethics in 
Government Act fee regulations at 5 CFR part 2604, subparts E and G.
    (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, in travel, and for attendance in 
the legal proceeding.
    (d) Payment of fees. You must pay witness fees for current OGE 
employees and any records certification fees by submitting to the 
General Counsel a check or money order for the appropriate amount made 
payable to the Treasury of the United States. In the case of testimony 
by former OGE employees, you must pay applicable fees 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 Office 
of Government Ethics may certify that records are true copies in order 
to facilitate their use as evidence. If you seek certification, you 
must request certified copies from OGE at least 45 days before the date 
they will be needed. The request should be sent to the General Counsel. 
You will be charged a certification 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.

Subpart D-Penalties


 2608.401  Penalties.

    (a) An employee who discloses official records or information or 
gives testimony relating to official information, except as expressly 
authorized by OGE or as ordered by a Federal court after OGE has had 
the opportunity to be heard, may face the penalties provided in 18 
U.S.C. 641 and other applicable laws. Additionally, former OGE 
employees are subject to the restrictions and penalties of 18 U.S.C. 
207 and 216.
    (b) A current OGE employee who testifies or produces official 
records and information in violation of this part shall be subject to 
disciplinary action.
[FR Doc. 02-12552 Filed 5-20-02; 8:45 am]
BILLING CODE 6345-01-P