[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

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, 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. 5.84  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).