PART 2--TESTIMONY BY EMPLOYEES AND PRODUCTION OF DOCUMENTS IN
       PROCEEDINGS WHERE THE UNITED STATES IS NOT A PARTY
Sec.
   2.1  Scope, purpose, and applicability.
   2.2  Definitions.
   2.3  Policy on presentation of testimony and production of
        documents.
   2.4  Procedures when voluntary testimony is requested or when an
        employee is subpoenaed.
   2.5  Subpoenas duces tecum.
   2.6  Certification and authentication of records.
      Authority: 5 U.S.C. 301, 5 U.S.C. 552.
      Source: 52 FR 37146, Oct. 5, 1987, unless otherwise
   noted.
CFR45_93 2.1  Scope, purpose, and applicability.
   (a) This part sets forth rules to be followed when a Department of
Health and Human Services employee, other than an employee of the
Food and Drug Administration, is requested or subpoenaed to provide
testimony, in a deposition, trial, or other similar proceeding,
concerning information acquired in the course of performing official
duties or because of the employee's official capacity. This part also
sets forth procedures for the handling of subpoenas duces tecum and
other requests for any document in the possession of the Department
of Health and Human Services other than the Food and Drug
Administration, and to requests for certification of copies of
documents. Separate regulations, 21 CFR part 20 and 20 CFR part 401,
govern the Food and Drug Administration and requests for certain
information maintained by the Social Security Administration, and
those regulations are not affected by this part.
   (b) It is the policy of the Department of Health and Human
Services to provide information, data, and records to non-federal
litigants to the same extent and in the same manner that they are
available to the general public. The availability of Department of
Health and Human Services' employees to testify in litigation not
involving Federal parties is governed by the Department of Health and
Human Services' policy on maintaining strict impartiality with
respect to private litigants and to minimize the disruption of
official duties.
   (c) This part applies to state and local court, administrative,
and legislative proceedings and Federal court and administrative
proceedings.
   (d) This part does not apply to:
   (1) Any civil or criminal proceedings where the United States, the
Department of Health and Human Services, and any agency thereof, or
any other Federal agency is a party.
   (2) Congressional requests or subpoenas for testimony or
documents.
   (3) Consultative services and technical assistance provided by the
Department of Health and Human Services, or any agency thereof, in
carrying out its normal program activities.
   (4) Employees serving as expert witnesses in connection with
professional and consultative services as approved outside activities
in accordance with 45 CFR 73.735 - 704 and 73.735 - 708. (In cases
where employees are providing such outside services, they must state
for the record that the testimony represents their own views and does
not necessarily represent the official position of the Department of
Health and Human Services.)
   (5) Employees making appearances in their private capacity in
legal or administrative proceedings that do not relate to the
Department of Health and Human Services (such as cases arising out of
traffic accidents, crimes, domestic relations, etc.) and not
involving professional and consultative services.
   (6) Any matters covered in 21 CFR part 20, involving the Food and
Drug Administration, and 20 CFR part 401, involving the Social
Security Administration.
   (7) Any civil or criminal proceedings in State court brought on
behalf of the Department of Health and Human Services.
   [52 FR 37146, Oct. 5, 1987, as amended at 55 FR 4611, Feb. 9, 1990]
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