[Federal Register Volume 59, Number 96 (Thursday, May 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12110]


[[Page Unknown]]

[Federal Register: May 19, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
 

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 2

RIN 3067-AC22
Organization, Functions and Delegations of Authority
AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Final rule.

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SUMMARY: This rule revises FEMA regulations on Organization, Functions 
and Delegations of Authority to reflect the recent reorganization of 
FEMA. It leaves the listing of OMB Control Numbers unchanged.

EFFECTIVE DATE: May 19, 1994.

FOR FURTHER INFORMATION CONTACT: Joseph Flynn, Office of the General 
Counsel, Federal Emergency Management Agency, 500 C Street, SW., 
Washington, DC 20472, (202) 646-4105.

SUPPLEMENTARY INFORMATION: As this document relates to agency 
management it is not subject to the requirements for notice and public 
comment and may be made effective immediately.

National Environmental Policy Act

    This rule is categorically excluded from the requirements of 44 CFR 
part 10, Environmental Consideration. No environmental impact 
assessment has been prepared.

Executive Order 12866, Regulatory Planning and Review

    This final rule is limited to agency organization and management 
within the meaning of Sec. 2(d)(3) of E.O. 12866, and is exempted from 
the provisions of this Executive Order.

Paperwork Reduction Act

    This rule does not involve any collection of information for 
purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

Executive Order 12612, Federalism

    This rule involves no policies that have federalism implications 
under Executive Order 12612, Federalism, October 26, 1987, 3 CFR, 1987 
Comp., p. 252.

Executive Order 12778, Civil Justice Reform

    This rule meets the applicable standards of section 2(b)(2) of 
Executive Order 12778, October 25, 1991, 56 FR 55195, 3 CFR, 1991 
Comp., p. 309.

List of Subjects in 44 CFR Part 2

    Authority delegations (Government agencies), Organization and 
functions (Government agencies), Reporting and recordkeeping 
requirements.

    Accordingly, 44 CFR part 2 is revised to read as follows:

PART 2--ORGANIZATION, FUNCTIONS, AND DELEGATIONS OF AUTHORITY

Subpart A--Organization, Functions, and Delegations of Authority

General

Sec.
2.1  Purpose.
2.2  Organization of FEMA.
2.3  Exercise of authority.
2.4  General limitations and reservations.
2.5  Delegations not included.
2.6  Redelegation of authority.
2.7  General delegations.
2.8  Designation of subordinates to act.

FEMA Offices

2.11  Office of the Director.
2.12  Office of the Inspector General.
2.13  Office of the General Counsel.
2.14  Office of Congressional and Governmental Affairs.
2.15  Office of Emergency Information and Public Affairs.
2.16  Office of Policy and Assessment.
2.17  Office of Human Resources Management.
2.18  Office of Equal Rights.
2.19  Office of Financial Management.
2.20  Office of Regional Operations.
2.21  Ombudsman--[Reserved].
2.22  Regional Offices.

Administrations

2.31  Federal Insurance Administration.
2.32  United States Fire Administration.

Directorates

2.41  Mitigation Directorate.
2.42  Preparedness, Training, and Exercises Directorate.
2.43  Response and Recovery Directorate.
2.44  Operations Support Directorate.

Subpart B--[Reserved]

Subpart C--OMB Control Numbers

2.80  Purpose
2.81  OMB control numbers assigned to information collections.

    Authority: 5 U.S.C. 552; Reorganization Plan No. 3 of 1978, 5 
U.S.C. App. 1; E.O. 12127, 3 CFR, 1979 Comp., p. 376; E.O. 12148, as 
amended, 3 CFR, 1979 Comp., p. 412.

Subpart A--Organization, Functions, and Delegations of Authority

General


Sec. 2.1   Purpose.

    This part describes the organization of the Federal Emergency 
Management Agency (FEMA), and the general course and method by which 
its functions are administered. It provides for the exercise by 
officials of FEMA of authorities that are vested in the Director 
specifically by statute, as head of an agency, or as a consequence of a 
law authorizing such exercise. It also provides for exercise of 
authorities that have been transferred to the Director by 
Reorganization Plan or delegated to the Director by Executive Order or 
other appropriate document.


Sec. 2.2   Organization of FEMA.

    (a) The Director is the head of FEMA. All authorities of FEMA are 
either vested in the Director by statute or have been transferred to or 
delegated to the Director. Notwithstanding any delegation by the 
Director to a subordinate officer of FEMA, the Director may also 
exercise such authority.
    (b) FEMA is composed of the Offices, Administrations, and 
Directorates, the responsibilities of which are described in Secs. 2.11 
through 2.44.
    (c) The Executive Board of FEMA consists of the senior managers 
appointed by the President and confirmed by the Senate as well as 
representatives of the Regional Directors and other senior managers as 
the Director shall designate from time to time. The principal function 
of the Executive Board is to review the Agency's overall direction, 
performance, and policies. The Executive Board will hold regular 
meetings on a quarterly basis and may hold special meetings at the 
discretion of the Director.


Sec. 2.3   Exercise of authority.

    Exercise of the authority delegated by this subpart or redelegated 
pursuant to this subpart is subject to the direction, control, and 
authority of the Director, and is governed by applicable laws, 
Executive Orders, Federal agency regulations or issuances applicable to 
FEMA. Such exercise is also governed by regulations issued by FEMA, and 
by policies, objectives, directives, manuals, instructions, plans, 
standards, procedures and limitations issued from time to time by or on 
behalf of the Director.


Sec. 2.4   General limitations and reservations.

    (a) All powers and duties not delegated by the Director in this 
subpart, nor otherwise provided for in Title 44, are reserved to the 
Director.
    (b) The following specific authorities are reserved to the 
Director:
    (1) Certain authorities relating to reporting to Congress and the 
President including those under:
    (i) Section 16 of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2215);
    (ii) Section 1320 of the National Flood Insurance Act (42 U.S.C. 
4027);
    (iii) Section 1234 of the National Housing Act (12 U.S.C. 1749bbb-
10d);
    (iv) Section 406 of the Federal Civil Defense Act of 1950, as 
amended (50 U.S.C. App. 2258);
    (v) Section 5(b)(1)(D) of the Earthquake Hazards Reduction Act of 
1977 (42 U.S.C. 7704(b)(1)(D)); and
    (vi) Section 2-105 of Executive Order 12148 of July 20, 1979.
    (2) Authorities connected with declaration of major disasters and 
emergencies, and with delegations to other agencies including:
    (i) The authority to make recommendations to the President 
concerning the determination that an emergency exists pursuant to 
section 501 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5191);
    (ii) The authority to make recommendations to the President 
concerning the issuance of a major disaster declaration pursuant to 
section 401 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170); and
    (iii) Provision is made in Sec. 2.11 of this part for the Deputy 
Director to exercise the authorities set out in this paragraph when the 
Director is unavailable due to illness or incapacity.
    (3) Authorities relating to voluntary agreements under section 708 
of the Defense Production Act (50 U.S.C. App. 2158) delegated to the 
Director in section 501 of Executive Order 10480.
    (4) Authority to make the determination concerning federal 
operation of the program and the report to Congress under section 1340 
of the National Flood Insurance Act (42 U.S.C. 4071).
    (5) Authority to appoint Federal Coordinating Officers under 
section 302 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5143).


Sec. 2.5  Delegations not included.

    Other delegations of authority have been and will be made in other 
FEMA regulations and by internal FEMA directives that concern internal 
FEMA policies and operations. These are valid delegations. Without in 
any way limiting the number of those delegations, and without 
describing all of them in this listing which is not complete, they 
include those:
    (a) Delegations concerning Federal personnel matters such as those 
concerning appointing authority, compensation, and so on. These are 
considered internal personnel rules and are not published in this 
chapter but are published in a FEMA Instruction.
    (b) Delegation to the General Counsel as Ethics Counselor under 5 
CFR part 2638.
    (c) Delegations under parts 5 and 6 of this subchapter relating to 
the Freedom of Information Act and Privacy Act.
    (d) Delegations to several officials relating to authentication of 
records under 44 CFR 5.82.
    (e) Delegations to the General Counsel and Chief Financial Officer 
with respect to claims under part 11 of this subchapter.
    (f) Delegations to classify information originally as Secret or 
Confidential.
    (g) Delegations to make certifications and findings under the 
Regulatory Flexibility Act, 5 U.S.C. 601-612; the National 
Environmental Policy Act, 42 U.S.C. 4321-4335; the Paperwork Reduction 
Act, 44 U.S.C. 3501-3520; E.O. 12612 of October 26, 1987, 3 CFR, 1987 
Comp., p. 252; E.O. 12778 of October 23, 1991, 3 CFR, 1991 Comp., p. 
359; E.O. 12866 of September 30, 1993, 3 CFR, 1993 Comp., p. 638; and 
any other certifications or findings required by existing or future 
laws, executive orders, or other authorities;
    (h) Delegations concerning environmental matters under part 10 of 
this subchapter; and
    (i) Delegations concerning floodplain management and wetlands 
protection matters under part 9 of this subchapter.


Sec. 2.6  Redelegation of authority.

    (a) It is FEMA's policy that the authorities delegated by this 
chapter should, whenever appropriate, be redelegated to the manager or 
official who has immediate responsibility for the action. Authority 
delegated by this chapter, unless otherwise specifically provided, may 
be redelegated in whole or in part provided any such redelegation is in 
writing and approved by the officer to whom the authority is initially 
delegated. This restriction does not apply to a temporary redelegation 
of authority to a principal deputy or first assistant to be exercised 
during the absence of the delegating official.
    (b) The authority to issue regulations having general applicability 
and future effect designed to implement, interpret or prescribe law or 
policy, and which are to be published in the Federal Register, may be 
delegated or redelegated only to positions for which it is required 
that the incumbent be confirmed by the United States Senate. This does 
not prohibit an acting official from issuing regulations. This 
paragraph does not apply to rules issued under parts 64, 65, 67, or 70 
of this title.


Sec. 2.7  General delegations.

    (a) This section sets forth general delegations to the officers or 
employees named in paragraph (b) of this section.
    (b) The officers authorized to exercise authorities in paragraph 
(c) of this section are:
    (1) Deputy Director;
    (2) Chief of Staff;
    (3) Inspector General;
    (4) General Counsel;
    (5) Director of the Office of Congressional and Governmental 
Affairs;
    (6) Director of the Office of Emergency Information and Public 
Affairs;
    (7) Director of the Office of Policy and Assessment;
    (8) Director of the Office of Human Resources Management;
    (9) Director of the Office of Equal Rights;
    (10) Chief Financial Officer;
    (11) Director of the Office of Regional Operations;
    (12) Regional Directors;
    (13) Federal Insurance Administrator;
    (14) United States Fire Administrator;
    (15) Associate Director for Mitigation;
    (16) Associate Director for Preparedness, Training, and Exercises;
    (17) Associate Director for Response and Recovery; and
    (18) Associate Director for Operations Support.
    (c) Each officer named in paragraph (b) of this section is 
authorized to:
    (1) Approve official travel as temporary duty travel on official 
business and allowable expenses incidental thereto for employees of 
their respective organizational units, in accordance with the Federal 
Travel Regulations; except that travel to and from points outside of 
the United States is subject to prior notification to the Director and 
foreign travel (i.e., travel outside the United States and its insular 
areas) is subject to prior approval of the Director. However, no 
officer or employee may approve his or her own travel. Travel of 
officers named in paragraph (b) of this section is approved by the 
Deputy Director or the Chief of Staff, except that travel of a Regional 
Director may be approved by the Deputy Regional Director for that 
Region.
    (2) Approve travel advances of funds through disbursing officers or 
imprest fund cashiers for employees of the respective organizational 
units who are entitled to per diem or mileage allowance or subsistence 
expenses in accordance with the Federal Travel Regulations.
    (3) Approve travel vouchers for employees of their respective 
organizational units.
    (4) Approve travel by employees of their respective organizations 
at the invitation and expense of parties outside of the Federal 
Government, with the concurrence of the Designated Agency Ethics 
Officer (DAEO) or a Deputy DAEO;
    (5) Approve funding requisitions;
    (6) As appropriate, issue final agency decisions on individual or 
class complaints of discrimination because of race, color, national 
origin, religion, sex, disability, age, or economic status.
    (7) Promulgate internal guidance to cover areas of assigned 
responsibilities.
    (8) Approve training costing less than $2500 (all expenses) or 
training of less than 80 hours in duration, whichever is more 
restrictive, except that this authority does not include authority to 
approve training involving the use of facilities of foreign governments 
or international organizations, which must be approved by the Director; 
or the authority to approve acceptance by employees of contributions or 
awards from non-Government organizations, whether in cash or in kind, 
which must be approved by the Director.
    (9) Adjust working hours for individual employees when there is 
special justification therefor that it is in the interest of FEMA or to 
accommodate individual needs of employees for legitimate reasons where 
the work of the agency will not be impeded.
    (10) Approve incentive awards to subordinates, Public Service 
Awards, cash awards of $1,500 or less for individuals and quality 
within-grade salary increases.
    (11) Enter into and administer funded and unfunded memoranda of 
understanding with respect to assigned duties.
    (12) Classify documents derivatively, based on the original 
classification by other Federal agencies or the Director.


Sec. 2.8  Designation of subordinates to act.

    Each officer named in Sec. 2.7(b) shall:
    (a) Submit to the Director, for approval, a list of three or more 
subordinates to act for such officer during his or her absence; and
    (b) Ensure that each Division Director, Branch Chief, or head of 
any other organizational unit under that officer's authority designate 
one or more subordinate employees to serve as acting head of the unit 
during the absence of the head of a unit or during a vacancy in the 
position.

FEMA Offices


Sec. 2.11  Office of the Director.

    The Deputy Director is the first assistant to the Director under 
the Vacancies Act, 5 U.S.C. 3341 et seq., and acts in place of the 
Director when the Director is not available because of illness or 
incapacity. The Deputy Director is the Chief Operating Officer of the 
Agency, with the duties and powers set forth in Presidential Memorandum 
of October 1, 1993, ``Implementing Reform in the Executive Branch.'' 
The Deputy Director is authorized to exercise the duties and powers of 
the Director as necessary to carry out the responsibilities of the 
Chief Operating Officer and to act in place of the Director in the 
Director's unavailability.


Sec. 2.12  Office of the Inspector General.

    (a) Mission. The Office of the Inspector General serves FEMA as an 
independent unit to promote economy, efficiency, and effectiveness; to 
prevent waste, fraud, and abuse; and to keep the Congress and the 
Director fully informed on these subjects.
    (b) Functions. The principal functions of the Office of the 
Inspector General are:
    (1) Performance of all audit functions relating to programs and 
operations of FEMA;
    (2) Inspection of agency activities to identify actual or potential 
fraud, waste, abuse, or mismanagement and to develop recommendations 
for corrective action;
    (3) Investigation of allegations of illegal, unethical, or other 
activities that may lead to civil or criminal liability on the part of 
FEMA or its employees, contractors, or program participants; and
    (4) Referral of potential criminal prosecutions to the Department 
of Justice, under 28 U.S.C. 535.
    (c) Authority. The position of Inspector General of FEMA is created 
by statute (The Inspector General Act of 1978, as amended, 5 U.S.C. 
App. 3 Secs. 1-15). The Inspector General is authorized to exercise the 
duties and powers set forth in that statute.


Sec. 2.13  Office of the General Counsel.

    (a) Mission. The Office of the General Counsel renders legal advice 
and assistance on all matters related to Agency programs and operation, 
and conducts the Agency's ethics program and Freedom of Information 
Act/Privacy Act program.
    (b) Functions. The principal functions of the Office of the General 
Counsel are:
    (1) Rendering legal opinions and advice with respect to the duties, 
powers, and responsibilities of the Director, FEMA, and other Agency 
officers and employees and the applications of statutes, rules and 
regulations, other administrative issuances, and judicial precedents to 
Agency operations;
    (2) Review for legal sufficiency of all Agency documents requiring 
legal interpretation or opinion.
    (3) Establishment of Agency policy for and conduct of all 
appearances on behalf of FEMA in litigation or administrative 
proceedings and hearings;
    (4) Liaison to the Department of Justice except when otherwise 
provided by the Office of the Inspector General.
    (5) Coordination of the FEMA regulatory program, including liaison 
to the Office of Management and Budget and the Office of the Federal 
Register;
    (6) Operation of the FEMA legislative reference program, including 
liaison to the Office of Management and Budget and allied legislative 
proposals; and
    (7) Operation of FEMA's ethics program and Freedom of Information 
Act and Privacy Act program.
    (c) Delegated authorities. The General Counsel is authorized to 
exercise the duties and powers of the Director to:
    (1) Accept service of process on behalf of the Agency, and on 
behalf of its officials and employees in connection with performance of 
their official duties;
    (2) Determine the agency's position with respect to litigation and 
refer matters directly to the Attorney General for prosecution or for 
initiation of litigation;
    (3) Determine the government's position in connection with any 
dispute before a Board of Contract Appeals, including the authority to 
settle or adjust any such claim.
    (4) Consider, compromise and settle tort claims against FEMA, but 
any award, compromise, or settlement of more than $25,000 requires the 
prior written approval of the Attorney General or designee;
    (5) Serve as the Designated Agency Ethics Officer;
    (6) Make technical corrections to all FEMA documents, including 
rules and regulations submitted to the Federal Register;
    (7) Consider, compromise and settle personnel claims of less than 
$15,000 against FEMA;
    (8) Waive claims of the United States against a person arising out 
of pay and allowances to an employee of FEMA in amounts of not more 
than $1,500, and in accordance with the requirements of 5 U.S.C. 5584, 
and the implementing regulations and standards of the Comptroller 
General; and
    (9) Enter into ratification agreements at the direction of the 
Department of Justice in order to insure that FEMA's subrogation 
interest will be represented.


Sec. 2.14  Office of Congressional and Governmental Affairs.

    (a) Mission. The Office of Congressional and Governmental Affairs 
coordinates FEMA's ongoing emergency management relationships with the 
Congress, public interest groups, and State and local organizations.
    (b) Functions. The principal functions of the Office of 
Congressional and Governmental Affairs are:
    (1) Liaison with Congress, the Office of Management and Budget, and 
the White House on legislative matters directly affecting FEMA;
    (2) Advising the Director and other FEMA officials on actions 
pending or anticipated in Congress;
    (3) Liaison with Federal Coordinating Officers following 
declarations of disasters or emergencies under the Stafford Act, on 
matters requiring coordination with Congress; and
    (4) Liaison with FEMA's constituencies on FEMA legislative matters.
    (c) Delegated authorities. The Director of the Office of 
Congressional and Governmental Affairs is authorized to exercise the 
duties and powers of the Director in the Director's capacity as agency 
head in support of the functions listed in paragraph (b) of this 
section.


Sec. 2.15  Office of Emergency Information and Public Affairs.

    (a) Mission. The Office of Emergency Information and Public Affairs 
informs the public about FEMA's programs and activities, both in time 
of disaster and in other times.
    (b) Functions. The principal functions of the Office of Emergency 
Information and Public Affairs are:
    (1) Gathering and dissemination of information about FEMA's 
programs and activities;
    (2) Liaison with news media;
    (3) Management of Joint Information Centers during disasters.
    (c) Delegated authorities. The Director of the Office of Emergency 
Information and Public Affairs is authorized to exercise the duties and 
powers of the Director in the Director's capacity as agency head as set 
forth in paragraph (b) of this section.


Sec. 2.16  Office of Policy and Assessment.

    (a) Mission. The Office of Policy and Assessment manages and 
facilitates policy development, strategic planning, planning, 
performance standards and assessment, innovation, and organizational 
development to achieve FEMA's overall mission.
    (b) Functions. The principal functions of the Office of Policy and 
Assessment are:
    (1) Facilitation of the development and implementation of Agency 
policy, including systematic review and evaluation of that policy;
    (2) Development and coordination of FEMA's strategic planning 
process;
    (3) Development of standards and mechanisms for evaluation of 
Agency performance;
    (4) Development and implementation of a system for identifying 
shortfalls in Agency programs and performance and for monitoring 
progress towards their remediation;
    (5) Oversight of FEMA's implementation of the Government 
Performance and Results Act of 1993, Pub. L. 103-62, 107 Stat. 285.
    (6) Oversight of implementation of FEMA's environmental 
responsibilities;
    (7) Support of the FEMA Executive Board;
    (8) Oversight of, and provision of guidance for, FEMA's renewal and 
participation in the Reinvention Laboratory process; and
    (9) Facilitating institutional change and innovation.
    (c) Delegated authorities. The Director of the Office of Policy and 
Assessment is authorized to exercise the duties and powers of the 
Director in the Director's capacity as agency head in support of the 
functions listed in paragraph (b) of this section.


Sec. 2.17  Office of Human Resources Management.

    (a) Mission. The Office of Human Resources Management provides and 
maintains a workforce capable of carrying out FEMA's mission.
    (b) Functions. The principal functions of the Office of Human 
Resources Management are:
    (1) Administration of FEMA's classification and position management 
programs;
    (2) Recruitment and placement of employees;
    (3) Administration of compensation and leave programs;
    (4) Management of FEMA's disaster personnel program;
    (5) Administration of workforce and workplace programs;
    (6) Management of FEMA's labor relations, employee relations, and 
employee benefit programs;
    (7) Administration of performance management and incentive awards 
programs;
    (8) Establishment and maintenance of personnel records; and
    (9) Coordination of affirmative employment programs with the Office 
of Equal Rights and support of FEMA's Offices, Administrations, and 
Directorates in meeting their affirmative actions goals.
    (c) Delegated authorities. The Director of the Office of Human 
Resources Management is authorized to exercise the duties and powers of 
the Director in the Director's capacity as agency head in support of 
the functions listed in paragraph (b) of this section.


Sec. 2.18  Office of Equal Rights.

    (a) Mission. The Office of Equal Rights assists management in 
fulfilling its responsibilities to ensure Equal Rights for all 
employees and applicants for employment, and to guarantee protection 
for the civil rights of every American receiving assistance from FEMA.
    (b) Functions. The principal functions of the Office of Equal 
Rights are:
    (1) Development, in coordination with Agency management, of multi-
year Affirmative Employment Plans and annual updates covering women, 
minority group members, and persons with disabilities;
    (2) Training regarding Equal Rights and Civil Rights and 
Responsibilities;
    (3) Investigation and non-adjudicatory resolution of complaints of 
discrimination and referral of unresolved complaints to the Equal 
Employment Opportunity Commission or the Department of Justice; and
    (4) Ensuring compliance with Civil Rights guidance in FEMA's 
programs and operations.
    (c) Delegated authorities. The Director of the Office of Equal 
Rights is authorized to exercise the duties and powers of the Director 
as set forth in:
    (1) E.O. 12336, as amended;
    (2) E.O. 12250;
    (3) E.O. 12067, as amended;
    (4) E.O. 11478, as amended;
    (5) E.O. 11141; and
    (6) E.O. 11063, as amended.


Sec. 2.19  Office of Financial Management.

    (a) Mission. The Office of Financial Management promotes sound 
financial management and accountability throughout the Agency by 
providing financial guidance, information, and services to FEMA 
management, its employees, and the Agency's customers.
    (b) Functions. This office reports directly to the Director of FEMA 
regarding financial management matters and is headed by the Chief 
Financial Officer. The principal functions of the Office of Financial 
Management are:
    (1) Oversight of all financial management activities relating to 
the programs and operations of the Agency, including fund manager for 
all Agency funds;
    (2) Development, operation, and maintenance of an integrated Agency 
accounting and financial management system, including internal and 
external financial reporting;
    (3) Oversight of the Agency's internal control guidance and review 
program;
    (4) Direction, management, and provision of policy guidance and 
oversight of Agency financial management personnel, activities, and 
operations;
    (5) Preparation of the annual report described in 31 U.S.C. 
902(a)(6) to the Director of FEMA and to the Office of Management and 
Budget;
    (6) Oversight of and responsibility for the formulation and 
execution of the Agency's budget and accounts for actual expenditures;
    (7) Preparation and submission of timely performance reports to the 
Director of FEMA and operating units;
    (8) Review, on a biennial basis, of the fees, royalties, rents, and 
other charges imposed by the Agency for services and things of value it 
provides, and recommendation of revision of those charges to reflect 
costs incurred by the Agency in providing those services and things of 
value.
    (c) Authority. The position of Chief Financial Officer was created 
by statute (Agency Chief Financial Officers Act, as amended, 31 U.S.C. 
901-1114, 3511-3521). The Chief Financial Officer is authorized to 
exercise the duties and powers set forth in that statute. The Chief 
Financial Officer is specifically authorized to:
    (1) Supervise the activities and functions of the Office of the 
Financial Management and oversee all financial management activities 
relating to the programs and operations of the Agency.
    (2) Direct, manage, and provide policy guidance and oversight of 
the Agency financial management personnel, activities and operations.
    (3) Establish and maintain an integrated Agency accounting and 
financial management system, including financial reporting and internal 
controls, that--
    (i) Complies with applicable accounting principles, standards, and 
requirements and standards prescribed by the Office of Management and 
Budget, the General Accounting Office, and the Department of the 
Treasury;
    (ii) Provides for complete, reliable and timely information, that 
is prepared on a uniform basis, and that is responsive to the financial 
management needs of the Agency; and,
    (iii) Complies with any other requirements applicable to such 
systems.
    (4) Prepare and submit a financial statement that conforms to the 
requirements of 31 U.S.C. 902 and 3515. Develop and implement the 5-
year financial management plan as required by 31 U.S.C. 902(a)(5).
    (5) Develop the Agency's financial management plans and budgets, 
and review legislative proposals and other programmatic proposals to 
provide advice to the Director on the financial implications of such 
proposals.
    (6) Develop and implement Agency asset management systems, 
including systems for cash management, credit management, debt 
collection, and property and inventory management and control.
    (7) Review on a biennial basis the fees, royalties, rents and other 
charges imposed by the Agency for services and things of value it 
provides, and make recommendations to the Director on revising those 
charges to reflect actual costs incurred by the Agency in providing 
those services and things of value. Premiums and other policy holder 
charges that relate to the issuance of policies (National Flood 
Insurance and Crime Insurance programs) are set by the Federal 
Insurance Administrator pursuant to Federal law and regulation.
    (8) Develop, operate and maintain an Administrative Fund Control 
System that provides, for accurate and timely data on the status of 
each account. This Administrative Fund Control System shall comply with 
appropriate statutory requirements and regulations issued by General 
Accounting Office, Office of Management and Budget, the Department of 
the Treasury, and other central administrative agencies.
    (9) Establish and maintain the appropriate accounts designated by 
the Department of the Treasury, the General Accounting Office, and 
Office of Management and Budget and such subsidiary records as may be 
necessary for accounting, audit and management purposes. Establish and 
maintain controls for appropriations and other special limitations 
required by law. Maintain reliable accounting records that will be the 
basis for preparing and supporting the budget requests of the Agency, 
controlling the execution of the budget and providing financial 
information required by law and regulation.
    (10) Oversee the implementation of internal control systems that 
conform with rules, circulars, and other directives issued by General 
Accounting Office, Office of Management and Budget, and the Department 
of the Treasury. Report to the Director, as required by law and 
regulation, whether the Agency's internal control systems and other 
financial systems and processes comply with applicable law and 
regulation.
    (11) Develop and implement administrative standards and cost 
principles for the Agency's assistance programs in conformity with 
rules, circulars, and other directives that are issued by the General 
Accounting Office, the Office of Management and Budget, and the 
Department of the Treasury.
    (12) Develop and maintain procedures for approving requisitions for 
disbursing funds, reports of current accounts rendered by disbursing 
officers, and other financial and accounting documents involving FEMA, 
the General Accounting Office, the Department of the Treasury, and the 
Office of Management and Budget.
    (13) Certify to the General Accounting Office any charge against 
any officer or agent entrusted with public property, arising from any 
loss and accruing by this person's fault, to the Government as to the 
property so entrusted to this person.
    (14) Approve all expenditures and receipt all vouchers and other 
documents necessary to carry out FEMA's appropriations and programs.
    (15) Certify that all required documents, information and approvals 
respecting fiscal transactions are present; verify or cause to be 
verified the accuracy of the financial computations, the consistency of 
the information included in the various documents; and determine, or 
cause to be determined, that the financial transactions of the Agency 
are in strict accordance with the law, regulations and decisions.
    (16) Authorize officers and employees to certify vouchers.
    (17) Receive and credit amounts received to the applicable 
appropriation of FEMA or to the miscellaneous receipts account.
    (18) Request cashier designation and resolution from the Department 
of the Treasury, and designate cashiers to serve in FEMA.
    (19) Approve invitational travel for the Office of Financial 
Management.
    (20) Have access to records and documents as required by 31 U.S.C. 
902(b) (1)(A), (1)(B), and (1)(C). Access to records and documents is 
subject to the limitations in 31 U.S.C. 902(b)(2).


Sec. 2.20  Office of Regional Operations.

    (a) Mission. The Office of Regional Operations coordinates FEMA's 
policies, programs, and administrative and management guidance with 
Regional Directors and ensures that regional implementation is 
consistent with the Director's goals.
    (b) Functions. The principal functions of the Office of Regional 
Operations are:
    (1) Liaison between the Regional Directors and the Director, 
Associate Directors, Administrators, and Office Directors;
    (2) Advising the Director, Associate Directors, Administrators, and 
Office Directors on regional matters; and
    (3) Providing guidance to Regional Directors on policy, programs, 
operations, and administrative matters.
    (c) Delegated authorities. The Director of the Office of Regional 
Operations is authorized to exercise the duties and powers of the 
Director in the Director's capacity as agency head in support of the 
functions listed in paragraph (b) of this section.


Sec. 2.21  Ombudsman--[Reserved].


Sec. 2.22  Regional Offices.

    (a) Mission. The Regional Offices implement FEMA's policies and 
programs at the regional level.
    (b) Functions. The principal functions of the Regional Offices are:
    (1) Liaison, within the regions, with other Federal agencies, State 
and local governments, voluntary and other private organizations, and 
the public;
    (2) Recommendations to the Director on implementation of policy and 
improvement of the administration of FEMA's programs;
    (3) Administration of Comprehensive Cooperative Agreements, grants, 
and other financial assistance to State and local governments;
    (4) Response to disasters and emergencies declared under the 
Stafford Act, through Regional Response Teams;
    (5) Recovery activities under the Stafford Act;
    (6) Implementation of floodplain management aspects of the National 
Flood Insurance Program;
    (7) Management of training and field exercises; and
    (8) Technical assistance to Federal agencies, State and local 
governments, and voluntary and other private organizations regarding 
emergency response planning, preparedness, mitigation, response, and 
recovery.
    (c) Delegated authorities. In general, Regional Directors are 
authorized, within their respective regions, to exercise the duties and 
powers of the Administrators and Associate Directors as set forth in 
Secs. 2.32 through 2.44. However, the authorities of the Earthquake 
Hazards Reduction Act of 1977, as amended, 42 U.S.C. 7701 et seq., are 
not delegated to Regional Directors (except for the authority of 42 
U.S.C. 7704(b)(2)(A)(i), which is delegated). In addition, the 
authorities of the Federal Insurance Administrator as set forth in 
Sec. 2.31 are not delegated to the Regional Directors.

Administrations


Sec. 2.31  Federal Insurance Administration.

    (a) Mission. The Federal Insurance Administration markets, issues, 
and services insurance policies under the National Flood Insurance 
Program (NFIP) and the Federal Crime Insurance Program (FCIP), with 
assistance from private insurance companies and servicing contractors.
    (b) Functions. The principal functions of the Federal Insurance 
Administration are:
    (1) Establishment of regulations, policy guidelines, standard 
contracts of insurance, and insurance rates for the NFIP and FCIP;
    (2) Establishment of policy, plans, and procedures for evaluation, 
payment, and review of insurance claims;
    (3) Oversight of servicing contracts for the NFIP and FCIP and the 
issuance and servicing of flood insurance policies by Write-Your-Own 
(WYO) carriers;
    (4) Studies of the costs and feasibility of proposed extensions of 
the National Flood Insurance Program or of the proposed establishment 
of Federal insurance programs for other natural hazards; and
    (5) Administration of the National Flood Insurance Fund and 
National Insurance Development Fund.
    (c) Delegated authorities. The Federal Insurance Administrator is 
authorized to exercise the duties and powers of the Director as set 
forth in Section 1-104 of E.O. 12127 insofar as it pertains to the 
marketing, issuance, and servicing of insurance under the NFIP and 
FCIP.


Sec. 2.32  United States Fire Administration.

    (a) Mission. The United States Fire Administration works to reduce 
deaths, injuries, and property loss caused by fires in the United 
States.
    (b) Functions. The principal functions of the United States Fire 
Administration are:
    (1) Education of the public about fire problems and high fire risk 
behaviors;
    (2) Providing training and technical assistance to fire and 
emergency services providers in incident response, mitigation and 
management;
    (3) Collection and analysis of fire incident information;
    (4) Investigation of technologies, equipment, and strategies for 
fire and emergency services providers;
    (5) Coordination with State and local fire and emergency agencies 
concerning arson investigation and mitigation, use of building and fire 
codes, fire protection and multi-agency cooperation; and
    (6) Management and operation of the National Emergency Training 
Center, Emmitsburg, Maryland.
    (c) Delegated authorities. The United States Fire Administrator is 
authorized to exercise the duties and powers of the Director as set 
forth in Section 1-103 of E.O. 12127.

Directorates


Sec. 2.41  Mitigation Directorate.

    (a) Mission. The Mitigation Directorate administers programs to 
reduce or eliminate loss of life and property from natural and 
technological hazards.
    (b) Functions. The principal functions of the Mitigation 
Directorate are:
    (1) Identifying and assessing the risks posed by natural and 
technological hazards, except that, on issues of technological risk 
assessment, FEMA will defer to the Agency having primary responsibility 
in the specific area, notably the Nuclear Regulatory Commission (NRC) 
regarding accidents at commercial nuclear power plants, and the United 
States Army regarding chemical weapons;
    (2) Developing mitigation policies and strategies for implementing 
programs designed to reduce or eliminate loss of life and property from 
natural and technological hazards;
    (3) Coordinating with other Federal agencies and the scientific 
community on matters that will enhance FEMA'S ability to reduce or 
eliminate loss of life and property from natural and technological 
hazards;
    (4) Transferring information on the risks posed by natural and 
technological hazards to other Federal agencies and State and local 
government officials, and the public;
    (5) Promoting a multi-hazard approach to mitigation at State and 
local levels;
    (6) Coordinating with national associations whose membership, 
expertise, and standard-setting capabilities enhance the reduction of 
risks associated with natural and technological hazards;
    (7) Providing for the dissemination of information and delivery of 
technical assistance to build mitigation capabilities and promote 
mitigation activities;
    (8) Carrying out hazard mitigation activities of the Stafford Act, 
including the processing of applications for hazard mitigation grants, 
disbursement of funds under section 404 of the Stafford Act, and 
administrative responsibilities in support of these activities;
    (9) Management of Comprehensive Cooperative Agreements with the 
States, through which the Mitigation programs are implemented in the 
regions; and
    (10) Establishment of Agency Geographic Information Systems (GIS) 
requirements and an Agency-wide GIS policy.
    (c) Delegated authorities. The Associate Director for Mitigation is 
authorized to exercise the duties and powers of the Director as set 
forth in:
    (1) 33 U.S.C. 467h, 709b, insofar as it pertains to the Dam 
Inspection Program;
    (2) Section 1-104 of E.O. 12127 insofar as it pertains to:
    (i) Determining the eligibility of communities to participate in 
the National Flood Insurance Program;
    (ii) Identification of flood-prone areas;
    (iii) Determination of inclusion or non-inclusion of properties 
within the Coastal Barrier Resources System established by 16 U.S.C. 
3503 or within an otherwise protected area;
    (iv) Determination of projected flood elevations for State and 
local governments to use in adopting flood plain management laws, 
regulations or ordinances;
    (v) Establishment of criteria for land management and use, flood 
control, flood zoning, and flood damage protection; and
    (vi) Purchase of properties insured under the National Flood 
Insurance Program that have been damaged substantially beyond repair by 
flood;
    (3) E.O. 11988;
    (4) The following sections of E.O. 12148, as amended:
    (i) Section 4-203, insofar as it pertains to hurricane 
preparedness, as set forth in Section 201 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5131;
    (ii) Section 4-203, insofar as it pertains to hazard mitigation set 
forth in Sections 404, 406, 409, and 411 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5170, 5172, 
5176, and 5178;
    (iii) Section 4-204, pertaining to earthquake hazards reduction as 
set forth in the Earthquake Hazards Reduction Act of 1977, as amended, 
42 U.S.C. 7701-7706; and
    (5) E.O. 12699.


Sec. 2.42  Preparedness, Training, and Exercises Directorate.

    (a) Mission. The Preparedness, Training, and Exercises Directorate 
supports the emergency preparedness, training, and exercises 
capabilities of Federal, State and local governments.
    (b) Functions. The principal functions of the Preparedness, 
Training, and Exercises Directorate are:
    (1) Management of programs to establish, maintain, and enhance the 
capabilities of Federal, State, and local governments to prepare for, 
respond to, recover from a broad range of emergencies, including such 
programs as the Radiological Emergency Preparedness (REP) Program, 
Chemical Stockpile Emergency Preparedness Program (CSEPP), and the 
delegated responsibilities under the Federal Civil Defense Act of 1950, 
as amended (50 U.S.C. App. 2251-2303);
    (2) Management of Comprehensive Cooperative Agreements with the 
States, through which agreements the above programs are implemented in 
the regions;
    (3) Training of Federal, State, and local government employees to 
prepare for, respond to, recover from a broad range of emergencies;
    (4) Testing of Federal, State, and local emergency preparedness and 
response procedures through a comprehensive exercise, evaluation and 
corrective action program; and
    (5) Recommendation of policy for all-hazard emergency preparedness 
and provision of implementation guidance, as required by statute, 
international agreement, or executive order.
    (c) Delegated authorities. The Associate Director for Preparedness, 
Training, and Exercises Directorate is authorized to exercise the 
duties and powers of the Director as set forth in:
    (1) E.O. 10480, as amended;
    (2) E.O. 11179, as amended;
    (3) Sections 1-103(b) and 1-105, E.O. 12127;
    (4) Section 1-101, E.O. 12148;
    (5) E.O. 12241;
    (6) E.O. 12656, other than Section 202;
    (7) E.O. 12657; and
    (8) E.O. 12742.


Sec. 2.43  Response and Recovery Directorate.

    (a) Mission. The Response and Recovery Directorate maintains an 
integrated operational capability to respond to and recover from the 
consequences of a disaster, regardless of its cause, in cooperation 
with other Federal agencies, State and local governments, volunteer 
organizations, and the private sector.
    (b) Functions. The principal functions of the Response and Recovery 
Directorate are:
    (1) Management of Disaster Assistance, including damage assessment, 
recommendations to the President on declaration of disasters or 
emergencies under the Robert T. Stafford Disaster Relief and Emergency 
Assistance (Stafford) Act, 42 U.S.C. 5121-5201, processing of 
applications for disaster assistance and disbursement of federal 
disaster assistance funds, except for hazard mitigation assistance 
provided under section 404 of the Stafford Act, 42 U.S.C. 5170c.
    (2) Coordination among Federal agencies, State and local 
governments, and the American Red Cross of the ongoing development and 
the implementation of the Federal Response Plan (for implementation of 
Pub. L. 93-288, as amended) and associated plans for response to and 
recovery from a broad range of disasters;
    (3) Support of communications and Automated Data Processing (ADP) 
capabilities for interagency operations during a wide range of 
emergencies; and
    (4) Maintaining the continuity of essential functions of the 
Federal Government during a wide range of emergencies.
    (c) Delegated authorities. The Associate Director for Response and 
Recovery is authorized to exercise the duties and powers of the 
Director as set forth in:
    (1) Sections 2-102 and 4-203, Executive Order 12148, as amended, 
except insofar as they pertain to hazard mitigation assistance; and
    (2) Section 202, Executive Order 12656.


Sec. 2.44  Operations Support Directorate.

    (a) Mission. The Operations Support Directorate provides direct 
support and services to FEMA's all-hazards emergency management program 
of mitigation, preparedness, response and recovery.
    (b) Functions. The principal functions of the Operations Support 
Directorate are:
    (1) Services primarily for the support of internal functions, 
including:
    (i) Management and oversight of the Agency's procurement system, 
including acquisition of supplies and services;
    (ii) Printing and publications;
    (iii) Telecommunications operations;
    (iv) Automated data processing;
    (v) Software design and engineering;
    (vi) Records management;
    (vii) Agency-wide logistics and property management;
    (viii) Protection of personnel, facilities, and equipment;
    (ix) Management of transit subsidies;
    (x) Preparation of visual presentations materials;
    (xi) Placement of advertisements in general circulation newspapers; 
and
    (2) Services that support organizations outside of FEMA as well as 
the agency itself, including:
    (i) Telecommunications design and engineering;
    (ii) Resource and economic modeling;
    (iii) Management of data storage and production associated with 
Geographic Information Systems (GIS) and other analytic systems;
    (iv) Security of classified records;
    (v) Security of classified communications;
    (vi) Background investigations for the granting of security 
clearances;
    (vii) Determination of suitability for employment under 5 CFR part 
731; and
    (viii) Control of public information collections.
    (c) Delegated authorities. Subject to the qualifications of 
paragraph (d) of this section, the Associate Director for Operations 
Support is authorized to exercise the duties and powers of the Director 
as set forth in:
    (1) E.O. 10450, as amended;
    (2) E.O. 12046, as amended;
    (3) E.O. 12356; and
    (4) E.O. 12472.
    (d) Authorities delegated directly to the Director, Acquisition 
Services Division. The Director, Acquisition Services Division, 
Operations Support Directorate, is authorized to:
    (1)(i) Exercise authority under section 104(h) of the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980 
delegated to the Director by section 2(f) of Executive Order 12316;
    (ii) Exercise authority of the Director concerning extraordinary 
contractual actions under paragraph 21 of Executive Order 10789.
    (iii) Exercise authority delegated to the Director by Executive 
Order 12352 and act as procurement executive.
    (2)(i) Make purchases and contracts by advertising for equipment 
and supplies, administrative equipment, office supplies, professional 
services, transportation of persons and property, and nonpersonal 
services, and determine that the rejection of any bid is in the public 
interest;
    (ii) Negotiate purchases and contracts for equipment and supplies, 
professional services, transportation of persons and property, and non-
personal services without advertising; and make and issue 
determinations related thereto pursuant to section 302(c) (1)-
(b)(10)(10), (14) and (15) of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 252(c) (1)-(10), (14) and (15)) and 40 
U.S.C. 541-544 with respect to contracting for services of Architects 
Engineers;
    (iii) Enter into and administer interagency agreements under the 
Economy Act or any other such agreement involving obligation of funds;
    (3) Notwithstanding any general delegation of statutory authority 
in this part to another officer of FEMA, if the authority delegated in 
the general statutory delegation contains procurement authority that 
authority is delegated solely to the Director, Acquisition Services 
Division, with authority to redelegate to any employee of FEMA. As used 
in this paragraph (d) the term ``procurement'' includes acquisition 
from a recipient including a State or local government, of property or 
services for the direct benefit or use of the Federal Government. This 
includes authority under section 201(h) of the Federal Civil Defense 
Act but excludes authority under section 1362 of the National Flood 
Insurance Act.
    (4) Notwithstanding any general delegation of authority in this 
part to another officer of FEMA, other than the delegation to Regional 
Directors under Sec. 2.22, if the authority delegated contains 
authority to award discretionary grants that authority is delegated to 
the Director, Acquisition Services Division, who is authorized to 
exercise the authority of the Director with respect thereto. The 
Director, Acquisition Services Division, may redelegate this authority 
to any employee of FEMA. Discretionary grants include those instruments 
that are awarded to a selected or limited number of recipients deemed 
best qualified based upon criteria designed for the conduct of a 
specific project. This can include governments. Discretionary grants do 
not include those awarded to recipients for which:
    (i) The recipient or class of recipient is mandated by legislation 
or regulation;
    (ii) The amount of the instrument or the amount of the program is 
established by legislation and discretion in the award process is 
limited; or
    (iii) There is no choice in the purpose of the award or whether to 
make the award. The delegation to the Regional Directors under 
Sec. 2.22 to implement various programs is not affected by this 
delegation to the Director, Acquisition Services Division.

Subpart B--[Reserved]

Subpart C--OMB Control Numbers


Sec. 2.80  Purpose.

    The purpose of this subpart is to display OMB control numbers 
assigned to FEMA's information collection requirements.


Sec. 2.81  OMB control numbers assigned to information collections.

    This section collects and displays the control numbers assigned to 
information collection requirements of FEMA by OMB pursuant to the 
Paperwork Reduction Act of 1980. FEMA intends that this section comply 
with the requirements of section 3507(f) of the Paperwork Reduction 
Act, which requires that agencies display a current control number 
assigned by the Director of the Office of Management and Budget for 
each agency information collection requirement. 

------------------------------------------------------------------------
                                                             Current OMB
                                                             control No.
------------------------------------------------------------------------
44 CFR part or section where identified or described:                   
  7 Subpart E..............................................    3067-0177
  11.36....................................................    3067-0122
  11.54....................................................    3067-0122
  11 Subpart D.............................................    3067-0167
  59.22(a).................................................    3067-0020
  59.22(b)(2)..............................................    3067-0018
  60.3, 60.4, 60.5.........................................    3067-0022
  61, 61 App. A(1), 61 App. B..............................    3067-0022
  62 Subpart C, 62 App. A, 62 App. B.......................    3067-0169
  63 Subpart B.............................................    3067-0196
  64.3(c)..................................................    3067-0020
  65.......................................................    3067-0147
  66, 67...................................................    3067-0148
  70.......................................................    3067-0147
  71.......................................................    3067-0120
  75 Subpart B.............................................    3067-0127
  80, 81, 83...............................................    3067-0031
  151 Subpart B............................................    3067-0141
  205.33...................................................    3067-0113
  205.34...................................................    3067-0113
  205.52(e)................................................    3067-0009
  205.54(e)................................................    3067-0146
  205.54(f), 205.54(j).....................................    3067-0163
  205.59...................................................    3067-0166
  205.94...................................................    3067-0034
  205.96...................................................    3067-0026
  205 Subpart G............................................    3067-0066
  205.116..................................................    3067-0151
  205.200(b)...............................................    3067-0048
  205.207..................................................    3067-0048
  205.208..................................................    3067-0048
  206.35...................................................    3067-0113
  206.36...................................................    3067-0113
  206.101(e)...............................................    3067-0009
  206.131(e)...............................................    3067-0146
  206.131(f), 206.131(j)...................................    3067-0163
  206.171..................................................    3067-0166
  206.202(c)...............................................    3067-0033
  206.204..................................................    3067-0151
  206.364..................................................    3067-0034
  206.366..................................................    3067-0026
  206 Subpart L............................................    3067-0066
  206.436..................................................    3067-0207
  206.437..................................................    3067-0208
  206.405..................................................    3067-0212
  220.6....................................................    3067-0168
  220.19...................................................    3067-0156
  221.8....................................................    3067-0156
  222.5, 222.6.............................................    3067-0184
  302.3(a), 302.3(d).......................................    3067-0138
  302.3(b).................................................    3067-0123
  302.3(c)(1)..............................................    3067-0096
  302.3(c)(3)..............................................    3067-0090
  308.7....................................................    3067-0074
  352.4....................................................    3067-0201
  352.24...................................................    3067-0201
  360.4(c).................................................    3067-0100
48 CFR part or section where identified or described:                   
  4452.226-01(a)...........................................   3067-0213 
------------------------------------------------------------------------

    Dated: May 11, 1994.
James L. Witt,
Director.
[FR Doc. 94-12110 Filed 5-18-94; 8:45 am]
BILLING CODE 6718-01-P