[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR2.13]

[Page 17-18]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 2--ORGANIZATION, FUNCTIONS, AND DELEGATIONS OF AUTHORITY--Table of 
Contents
 
    Subpart A--Organization, Functions, and Delegations of Authority
 
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

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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.