[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: 44CFR5.87]

[Page 45]
 
              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 F_Subpoenas or Other Legal Demands for Testimony or the 
        Production or Disclosure of Records or Other Information
 
Sec. 5.87  Testimony of FEMA employees in private litigation.

    (a) No FEMA employee shall testify in response to a subpoena or 
other demand in private litigation as to any information relating to 
material contained in the files of the Agency, or any information 
acquired as part of the performance of that person's official duties or 
because of that person's official status, including the meaning of 
Agency documents.
    (b) Whenever a demand is made upon a FEMA employee, other than an 
employee of the Office of Inspector General, for the disclosure of 
information described in paragraph (a) of this section, that employee 
shall immediately notify the Office of General Counsel. Employees of the 
Office of Inspector General shall notify the Inspector General of such 
demands. The General Counsel (or Inspector General through designated 
legal counsel), upon receipt of such notice and absent waiver of the 
general prohibition against employee testimony at his or her discretion, 
shall arrange with the appropriate United States Attorney the taking of 
such steps as are necessary to quash the subpoena or seek a protective 
order.
    (c) In the event that an immediate demand for testimony or 
disclosure is made in circumstances which would preclude prior notice to 
and consultation with the General Counsel (or Inspector General), the 
employee shall respectfully request from the demanding authority a stay 
in the proceedings to allow sufficient time to obtain advice of counsel.
    (d) If the court or other authority declines to stay the effect of 
the demand in response to a request made in accordance with paragraph 
(c) of this section pending consultation with counsel, or if the court 
or other authority rules that the demand must be complied with 
irrespective of instructions not to testify or disclose the information 
sought, the employee upon whom the demand has been made shall 
respectfully decline to comply with the demand, citing these regulations 
and United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951).