[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
