Effective Date: 9/1/81

Series: Emergency Delegation

Part 295: Disaster Assistance

Chapter 1: General Program Delegations

Originating Office: Office of Managing Risk and Public Safety

1.1 Purpose. This chapter provides for delegations of authority for disaster assistance activities under the Disaster Relief Act of 1974, Public Law 93-288, and Executive Order 12148.

1.2 Background.

A. Executive Order 12148, dated July 20, 1979, assigned to the Director of the Federal Emergency Management Agency (FEMA) the responsibility for certain disaster relief functions, under the authority of the Disaster Relief Act of 1974. The assignment includes the authority to utilize the resources of other Federal agencies in support of State and local government disaster assistance efforts. The Director, FEMA, has established an office of the Associate Director for Disaster Response and Recovery (DRR). The Associate Director administers Federal disaster assistance authorities delegated by the Director to provide overall direction, coordination, and management of Federal disaster response and recovery activities.

B. Following a determination by the President that a major disaster exists under the Disaster Relief Act of 1974, the Associate Director, DRR, is authorized to coordinate the activities of Federal agencies in providing disaster assistance. This may include directing any Federal agency to utilize its available personnel, supplies, facilities, and other resources in providing assistance when it is determined that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and local governments.

1.3 Designations and Delegations of Authority.

A. Assistant Secretary - Policy, Budget, and Administration. This Assistant Secretary is the Departmental representative for disaster assistance.

B. Other Assistant Secretaries. Each Assistant Secretary with bureau and/or field organizations is authorized, in accordance with the policy in 905 DM 1.5, to comply with verbal requests (later confirmed in writing) or written requests from the Director or Regional Director of FEMA, the Associate Director or Regional Director, DRR, for Federal disaster assistance.

1.4 Effect of Delegations. The authority delegated in 295 DM does not affect the authority vested in the head of a bureau to provide assistance in emergency situations specified under other statutory authority. Under these conditions the appropriate DRR regional personnel and the DDLO in the region will be notified.

1.5 Redelegation. Each Assistant Secretary should redelegate the authority conferred by paragraph 295 DM 1.3B to bureau heads and/or persons in the field pursuant to 200 DM 2 and 3. Such redelegations should be made to officials who are in a position to respond directly to requests for assistance by Regional personnel of DRR.

1.6 Information and Instructions for Disaster Assistance. The policy, functions, and responsibilities for disaster assistance preparedness are set forth in 905 DM 1.

9/1/81 #2348

Replaces 1/8/80 #2225