[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR5.84]

[Page 44-45]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
             CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY
 
PART 5--PRODUCTION OR DISCLOSURE OF INFORMATION--Table of Contents
 
    Subpart F--Subpoenas or Other Legal Demands for Testimony or the 
        Production or Disclosure of Records or Other Information
 
Sec. 5.84  Production of documents in private litigation.

    (a) The production of records held by FEMA in response to a subpoena 
duces tecum or other demand issued pursuant to private litigation, 
whether or not served in accordance with the provisions of Sec. 5.83 of 
this subpart, is prohibited absent authorization by the General Counsel 
or, as to records of the Office of the Inspector General, by the 
Inspector General.
    (b) Whenever an official or employee of FEMA, including any Regional 
Director, receives a subpoena or other demand for the production of 
Agency documents or material, he or she shall immediately notify and 
provide a copy of the demand to the General Counsel, unless the subpoena 
or demand seeks the production of documents or material maintained by 
the Office of Inspector General, in which case a copy of the demand 
shall be provided to the Inspector General.
    (c) The General Counsel (or Inspector General), after consultation 
with other appropriate officials as deemed necessary, shall promptly 
determine whether to disclose the material or documents identified in 
the subpoena or other demand. Generally, authorization to furnish the 
requested material or documents shall not be withheld unless their 
disclosure is prohibited by relevant law or for other compelling 
reasons.
    (d) Whenever a subpoena or demand commanding the production of any 
record is served upon any Agency employee other than as provided in 
Sec. 5.83 of this subpart, or the response to a demand is required 
before the receipt of instructions from the General Counsel (or 
Inspector General), such employee shall appear in response thereto, 
respectfully decline to produce the record(s) on the ground that it is 
prohibited by this section and state that the demand has been referred 
for the prompt consideration of the General Counsel (or, where 
appropriate, the Inspector General).

[[Page 45]]

    (e) Where the release of documents in response to a subpoena duces 
tecum is authorized by the General Counsel (or, as to documents 
maintained by the Office of Inspector General, the Inspector General), 
the official having custody of the requested records will furnish, upon 
the request of the party seeking disclosure, authenticated copies of the 
documents. No official or employee of FEMA shall respond in strict 
compliance with the terms of a subpoena duces tecum unless specifically 
authorized by the General Counsel (or Inspector General).