[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: 44CFR2.4]



[Page 14]

 

              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. 2.4  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).