---
kind: "section"
citation: "5 C.F.R. § 295.102"
title: "5"
number: "295.102"
heading: "Applicability."
url: "https://uscodex.org/cfr/5/295.102"
---

# §295.102. Applicability.


This part applies to demands and requests to employees of OPM in legal proceedings in which OPM is not a named party, 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 upon or requests for a current OPM 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 OPM;
- (b) Demands upon or requests for a former OPM employee to testify as to matters in which the former employee was not directly or materially involved while at OPM;
- (c) Requests for the release of records under the Freedom of Information Act, [5 U.S.C. 552](/usc/5/552.md), or the Privacy Act, [5 U.S.C. 552(a)](/usc/5/552.md?p=a); and
- (d) **Congressional or Government Accountability Office (GAO) demands and requests for testimony or records.**

## Notes

### Authority

Authority: 5 U.S.C. App. (Sec. 1103, Civil Service Reform Act of 1978; 31 U.S.C. 9701).

### Source

Source: 73 FR 58020, Oct. 6, 2008, unless otherwise noted.