[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR330.3]

[Page 568-569]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 330_POLICY GUIDANCE AND DELEGATION OF AUTHORITIES FOR USE OF PRIORITIES 
 
Sec.  330.3  Delegation of authority.

    (a) The functions of the Director of the Federal Management Agency 
under subsection 101(c) of the Act are hereby delegated to the Secretary 
of Commerce with respect to the areas of responsibility designated and 
subject to the limitations prescribed and section 7 of Executive Order 
11912. Specifically:

[[Page 569]]

    (1) The Secretary of Commerce is delegated the function, provided in 
subsection 101(c)(1) of the Act, of requiring the allocation of, or 
priority performance under contracts or orders (other than contracts of 
employment) relating to, supplies of materials and equipment to maximize 
domestic energy supplies, if the findings specified in subsection 
101(c)(3) of the Act are made.
    (2) The Secretary of Commerce is delegated those functions provided 
in subsection 101(c)(3) of the Act, but shall redelegate to the 
Secretary of Energy the function of making the findings that supplies of 
materials and equipment are critical and essential to maximize domestic 
energy supplies. The Secretary of Commerce shall retain the functions of 
finding that supplies of materials and equipment are scarce, and that 
the purposes described in subsection 101(c)(3)(B) of the Act cannot 
reasonably be accomplished without exercising the authority specified in 
subsection 101(c)(1). This finding will include, to the extent 
practicable, an assessment of the effects of using the authority for the 
project in question on other significantly impacted projects.
    (b) The Director of the Federal Emergency Management Agency shall be 
responsible for the overall coordination and direction of the functions 
provided by subsection 101(c) of the Act in a manner similar to the 
exercise of functions under subsections 101(a) and 101(b) of the Act. In 
line with these functions, the Director is also responsible for 
resolving any conflicts between claimant agencies regarding particular 
supplies of materials and equipment. In addition, the Federal Emergency 
Management Agency will monitor the impact of the implementation of the 
authorities of subsection 101(c) and other authorities under section 101 
of the Defense Production Act on each other and on the national economy.
    (c) The functions assigned, delegated, or required to be redelegated 
by this order to the Secretary of Commerce and the Secretary of Energy 
may not be redelegated to other agencies without first being coordinated 
with the Director, Federal Emergency Management Agency.
    (d) Procedures to execute the above delegations will be carried out 
in accordance with guidance provided by the Director, Federal Emergency 
Management Agency, pursuant to this order and Executive Order 11912.