[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 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.