[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR5.1]

[Page 30]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 5_PRODUCTION OR DISCLOSURE OF INFORMATION--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 5.1  Scope and purposes of part.




                      Subpart A_General Provisions

Sec.
5.1 Scope and purposes of part.
5.2 Application.
5.3 Definitions.
5.4 Availability of records.
5.5 Exemptions.
5.6 Congressional information.
5.7 Records of other agencies.
5.8 Records involved in litigation or other judicial process.
5.9 Inconsistent issuances of FEMA and its predecessor agencies 
          superseded.

Subpart B_Publication of or Availability of General Agency Information, 
              Rules, Orders, Policies, and Similar Material

5.20 Publication of rules and general policies.
5.21 Effect of failure to publish.
5.22 Coordination of publication.
5.23 Incorporation by reference.
5.24 Availability of opinions, orders, policies, interpretations, 
          manuals, and instructions.
5.25 Available materials.
5.26 Rules for public inspection and copying.
5.27 Deletion of identifying details.
5.28 Indexes.
5.29 Effect of failure to make information materials available.

                             Subpart C_Fees

5.40 Copies of FEMA records available at a fee.
5.41 FEMA publications.
5.42 Fees to be charged--categories of requesters.
5.43 Waiver or reduction of fees.
5.44 Prepayment of fees.
5.45 Form of payment.
5.46 Fee schedule.
5.47 Appeals regarding fees.

                       Subpart D_Described Records

5.50 General.
5.51 Submission of requests for described records.
5.52 Review of requests.
5.53 Approval of request.
5.54 Denial of request of records.
5.55 Appeal within FEMA of denial of request.
5.56 Extension of time limits.
5.57 Predisclosure notification procedures for confidential commercial 
          information.
5.58 Exhaustion of administrative remedies.
5.59 Judicial relief available to the public.
5.60 Disciplinary action against employees for ``arbitrary or 
          capricious'' denial.
5.61 Contempt for noncompliance.

                          Subpart E_Exemptions

5.70 General.
5.71 Categories of records exempt from disclosure under 5 U.S.C. 552.
5.72 Executive privilege exemption.

    Subpart F_Subpoenas or Other Legal Demands for Testimony or the 
        Production or Disclosure of Records or Other Information

5.80 Scope and applicability.
5.81 Statement of policy.
5.82 Definitions.
5.83 Authority to accept service of subpoenas.
5.84 Production of documents in private litigation.
5.85 Authentication and attestation of copies.
5.86 Production of documents in litigation or other adjudicatory 
          proceeding in which the United States is a party.
5.87 Testimony of FEMA employees in private litigation.
5.88 Testimony in litigation in which the United States is a party.
5.89 Waiver.

    Authority: 5 U.S.C. 552 as amended by sections 1801-1804 of the 
Omnibus Anti-Drug Abuse Act of 1986 which contains the Freedom of 
Information Reform Act of 1986 (Pub. L. 99-570); 5 U.S.C. 301 (Pub. L. 
85-619); Reorganization Plan No. 3 of 1978; E.O. 12127; and E.O. 12148.

    Source: 44 FR 50287, Aug. 27, 1979, unless otherwise noted.



    This part sets forth policies and procedures concerning the 
availability of and disclosure of records and information held by the 
Federal Emergency Management Agency (FEMA) in accordance with 5 U.S.C. 
552, popularly known as the ``Freedom of Information Act,'' (FOIA).

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