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.

$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.

§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 in

creases.

(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. §2.8 Designation of subordinates to act.

Each officer named in §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

§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.

§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 §§115). The Inspector General is authorized to exercise the duties and powers set forth in that statute.

§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 ad

ministrative 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.

§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.

§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.

§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 responsibil

ities;

(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.

§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.

§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 multiyear 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.

§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