[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: 44CFR5.87]



[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).