ML19308B873

Reorganization Plan 3 of 1978, Re Establishment of Federal Emergency Mgt Agency.Fr Notice Encl

ML19308B873
Person / Time
Site:	Crane
Issue date:	09/19/1978
From:	PRESIDENT OF U.S. & EXECUTIVE OFFICES
To:
References
TASK-TF, TASK-TMR 41943, NUDOCS 8001170481
Download: ML19308B873 (6)

Text

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t 41H3 THe PatssoeNT

[3195-01)

REORGANIZATION PLAN NO. 3 OF 1978 Prepared by the President and trarumitted to the Smate and the House of Representa-

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twes in Congren auembled, June 19, 1978, pursuam to the pnwisions of Chapter 9 ef Tale 5 of the United States Code.

PART l. Federal Emergency Management Agency Section 101. Establuhment of the Federal Emergency Management Agency.

There is hereby established as an independent establishment in the Ex-ecutive Branch, the Federal Emergency Management Agency (the " Agency").

Section 102. The Director.

He Agency shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be

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compensated at the rate now or hereafter prescribed by law for level II of the Executive Schedule.

Section 103. The Depufy Director.

There shall be within the Agency a Deputy Director, who shall be ap-4 i

pointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate now or hereafter prescribed by law for level IV of the Executive Schedule. The Deputy Director shall perform such functions as the Director may from time to time prescribe and shall act as Director during the absence or disability of the Director or in the event of a vacancy in the OfIice of the Director.

Sectwn 104. Associate Directors.

There shall be within the Agency not more than four Associate Directors, who shall be appointed by the President, by and with the advice and consent of the Senate, two of whom shall be compensated at the rate now or hereafter prescribed by law for level IV of the Executive Schedule, one of whom shall be compensated at the rate now or hereafter prescribed by law for level V of the Executive Schedule and one of whom shall be compensated at the rate now or hereafter presnibed by law for GS-18 of the General Schedule. He Associate Directors shall perform such functions as the Director may from time to time j

l prescribe.

Section 105. Regwnal Directors.

There shall be within the Agency ten regional directors who shall be.

appointed by the Director in the excepted service and shall be cornpensated at the rate now or hereafter prescribed by law for GS-16 of the General Sched-ule.

l Section 106. Perfomance of Functieru.

• The Director may establish bureaus, offices, divisions, an'd other units l

within the Agency. The Director may from dme to time make provision for the receeAt neotstua, vot. as, no. tes-Tvesen, sensmass it, ivre

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41944 THE PRESIDENT t'

performance of any function of the Director by any ofTicer, employee, or unit i"

of the Agency, b

PART 11. Transfer of Funchons Section 201. Fire Prevention.

f Here are hereby transferred to the Director all functions vested in the Secretary of Commerce, the Administrator and Deputy Administrator of the l

National Fire Prevention and Control Administration, and the Superintendent of the National Academy for Fire Prevention and Control pursuant to the Federal Fire Prevention and Control Act of 1974, as amended, (15 U.S.C.

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2201 through 2219); exclusive of the functions set forth at Sections 18 and 23 of the Federal Fire Prevention and Control Act (15 U.S.C. 278(f) and 1511;.

Section 202. Flood and Other Matters.

Here are hereby transferred to the Director all functions vested in the Secretary of flousing and Urban Development pursuant to the National Flood Insurance Act of 1968, as amended, and the Flood Disaster Protection Act of 1973, as amendad, (42 U.S.C. 2414 and 42 U.S.C. 4001 through 4128), and Section 1 of the National Insurance Development Act of 1975, as amended, (89 Stat. 68).

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' Section 203. Emergency Broadcast System..

Here are hereby transferred to the Director all functions concernirig the Emergency Broadcast System, which were transferred to the President and all such functions transferred to the Secretary of Commerce, by Reorganization Plan Number 1.

PART 111. General Provisions Section 301. Transfer and Aboluhment ofAgencies and Oficers.

i ne National Fire Prevention and Control Administration and the Nation-al Academy for Fire Prevention and Control and the positions of Administra-i tor of said Administration and Superintendent of said Academy are hereby transferred to the Agency. He position of Deputy Administrator of said Administration (established by 15 U.S.C. 2204(c)) is hereby abolished.

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Section 302. Incidental Trarufers.

So much of the personnel, property, records, and unexpended balances of

'I-appropriations, allocations and other funds employed, used, held, available, or kI to be made available in connection with the functions transferred under this I

Plan, as the Director of the OfIice of Management and Budget shall deter-j, mine, shall be transferred to the appropriate agency, or component at such time or times as the Director of the Office of Management and Budget shall provide, except that no such unexpended balances transferred shall be used i

for purposes other than those for which the appropriation was originally made. De Director of the OfTice of Management and Budget shall provide for terminating the affairs of any agencies abolished herein and for such further measures and dispositions as such Director deems necessary to effectuate the i

puq>oses of this Recrganization Plan.

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i Section 303. Interim Oficers.

He President may authorize any persons who, immediately prior to the effective date'of this Plan, held positions in the Executive Branch to which -

they were appointed by and with the advice and consent of the Senate, to act as Director, Deputy Director, and Associate Directors of the Agency, until l

those offices are for the first time filled pursuant to the provisions of this i

i peoenn neoesten, vot. 43 no. iss-twesoav, san=== is, ivre O

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41945 O

nee PRESIDENT Reorganization. Plan or by recess appointment, as the ose may be. The President may authorize any such person to receive the compensation attached to the Office in respect of which that person so serves, in lieu of other compensation from the United States.

Sutwn 304. Effutne Date.

The provisions of this Reorganization Plan shall become effective at such time or times, on or before April 1,1979, as the President shall specify, but not sooner than the earliest time allowable under Section 906 of Title 5, United States Code.

, FR Doc. 78-26463 Filed 9-18-78;* 15 aml

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M.Gl51AT1VE lilSTURY:

WEEKLY COMP 11A110N OF PRE.SIDLVITAL DOCUMENil Vol.14, No. 25: June 19, Presidential message transmittmg Reorganazation Plan No. 3 of 1978 to Congress. (Also printed as llouse Document No.95-356.)

IIOUSE REPORT No. 95-1523 accompanying II. Res.1242 (Comm. on Government Operations).

SENATE REPORT No. 95-114I accoa.panying S. Res. 489 (Comm. on Govemmental Affairs).

CONGRESSIONAL RECORD, Vol. 124 (1978):

June 19, II. Res.1242, resolution of disapproval, introduced in flouse and referred to

• Committee on Government 0 cations.

5 June 22, S. Res. 489, resolution of disapproval, introduced in Senate and referred to Committee on Governmental Affairs.

Sept.14, II Res.1242 rejected by liouse.

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. PEDERAt meetSTER, VOL 43,000.182-TUESSAY, SEPTEMAER 19,1978 G.F d'

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Federd e.mi;ter / Vet al. No m / i nta. Apot n.19N / N.an c4

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- y F EDI f tAL EMEFIGFilCY positions of Admmistr or und with respect to the Imotions transferred f MANAGEMENT AGENCY Superintemient of the

• itional by the p' m und in effect immediately

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Academy for Fire Preu ilmn and prior to the transfer shall remain in full Estatdishment and Interim Location, Control. are also transierred to FEMA force and effect for all agencies, offices.

Organization Functions, and Internal by the plan.

of ficers and emnloyees transferred to Admirustrative Instructions (Continuity -

FEM A by reason of the plan, but as locations and Mailing Addresses regulations of the Federal Emergnty cf Functions) 4 Heorganizatmn Plan No. 3 of 1978 (43

• lhe Office of the Acting Director, Management Ager.cy. except that; j

FR 4194.i), which establishes the Federal Federal Emergency Management

1. To the extent made inapplicable by Emercency Management Ageecy Agency,is located at 2100 M Street.

the plan and Executite Order 12127 (FEMA). was placed into effect by N.W, Washington, D.C. The mailing such regulations shall be suspended.

address is P.O. IJox 19518. Washington, and Exes utive Order 12127 of March 31,1979 i

DC.2m3R (48l'R19367).

2. 'Ihe authority to make rules und i

.h M F re Administration is re.qulations. issue notices of rulemaking The plan. among other things, vests located at 2400 M Streel. N.W.,

and mue agency. wide threctives shall.

fune tions and.mthorities in the Director.

Washington. D.C. 't he mailing address in unlet ; othewise delegaled, be exercued i

IT.M A. which prior to the effective date P.O. Ilox 195tn. Washington D.C. 20030.

by the Director. FEMA The autherity to of the plan were performed by:

.lhe Office of the Associate Director make rules and regulations and issue

1. 't he Offire of Science and for Insurance and llazard Mitigation /

notices of rulemaking with respect to the i

Technology Policy, Executive Office of Fedcin! Insurance Administrator,is National Fload Insurance Program. and l

the Pmudent and the Department of located a.

.1-7th Street. S.W..

tin National Crime Insurance and Riot j

Commere e with respect to the Washington. U.C. Regional offices are Heinsurance Program have been

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Emergene y llroadcast System. as located at; dcIcgated to the Actmg Associate nuthorind by Reorganization Plan No.1 dor In wann andI W J j

id 1977142 FH 50101) as implemented by Remn I-is New chardon street. Hoston, Ntass.n.huwus 02114 Mitigation, who also shall have the title Exce une Order 1204G uf March 27,1978 Ruinn 1-9) Churc h Street. Rrn. 80bH. New of FederalInsurance Admm, istrutor, I

(43 FR 13349):

York. Nrw York tru)?.

FEM A.

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2. The Department of Co nmerce and R% ion Hi-curtis Huihting. Sixth and Walnut Nomenclature S'"'*

U"I'"ri re.n htree Street N E the Itnited States Fire Administration Mid IC"WIVd"'d I"

.I he agencies, offices, officers, and

"*"n IV-t with resI>ect to the National Fire Atlanta. (.corma aoJn9.

employees performing transferred 1

Prevention and Control Program. as authorized under the Federal Fire Reguen V-One North

Dearborn Strect,

functions and exercising transferred chicago, nr.nois crE responsibilities and authorities shall Prevention and Control Act of 1974, as Reginn VI-Earle Cabell Budding.1100 continue to use the nomenclature l

amended (15 U.S C. 2201 et seq.); but Commen:e ntreet. Dallas. Texas 75242.

existing and applicable before the est.lusive of Sections 18 and 23 of the Region Sil-Federal Office Building. 9t1 f transfer, except that Act, reserved in the Department of Ninut s'rcet. Kansas City. htnsouri G1100.

7.. Federal Emergency Management Commerge and Sections 24 and 25

'"j[H",oru 3[t 90917th Street.

,'shall be substituted for " Office g

,g reserved m the Admimstrator, U.S. bre Administration.

Recon Ix-no colden Gate Aveune RO.

of Science and Technology Polua".

Box 3wo1. San Francisco. Cahforma 94102.

" Department of Commerce". or

3. The Department of Ilousing and Region X-Arcade Plaza Hadding.132

" Department of Ilousing and Urban Urban Development and the Federal Second Avenue. Seattle. Washington 98101.

Development", as applicable, and insurance Administration wi'h respect Management Agency,1 Fanememy

2. %cdor, R&rg Or::anization and Functions to:

sh.dl be

a. lhe National Flood Insurance The Federnt Emergency Management substituted for the titles of the heads of i

Program as authorized under Section Agency wdl have the temporary the organizations listed in 1 abuse.

Isle) of the Federal Flood losurance Act rgani7atiory and structure shown on the Dated; Aptd 2.1979.

of 1936. as amended (42 U.S C. 2414(c))

accompanymg chart.

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and the National Flood Insurance Act of Continuity of Authorities A"'"s D*" A'ha ^">wa+ A'"a+""-"' &"

1%n. as amended, and the Flood Disaster Protection Act of 1973, as In acc rdance with Section 907(a) of amended (42 U.S C. 4001). and Title 5. United States Code, all b.I he National Crime Insurance and regulations (mcludmg. as used herein.

Riot Hemsurance Programs. ""

regulmions, rules. orders, policies, i

author: red under Section 520(b) of th" det erminations. <brectives, l

Natmnal llousing Act, as amended (12 authoriza tions, pri mits. privileges.

1 res;uirement t designations, or other I

U.S C.1735(d)(b)) nnd Title Xil of the action 4 of the Department of National llousing Act, as amended (12 Commerce, the United States Fire U.S C.1749 bbb et seq./.

Administntion, the Department of The United States Fire llousing and Urban Development. and Admmistration, together with the the FederalInsurance Administration

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i nler.d itegialer / WI 41. N.t i.a / I s hlm. Apoi n.19m / N.ames g

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Fedorn teeryency Managewent Aqcnry p

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Tide Xll of the Nationalllousing Act (12 U.S C.1749bbb et seq.), except the Otrector authority to:

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1. Est.ddish and administer the l

National Insurance Deselopment Fund IU Dc % uire,ctor under Section 1243 of the National U

llousing Act (12 U.S.C.1749bbb-13).

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2. Audit the records ofinsurers or O

Cereral others under Section 1244(d) of the I % Inistration Counsel National liousing Act (12 U.S.C.

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1749hbb-14).

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3. Excicise the powers under Section 402(a) of the llousing Act of 1950 (12 U.S.C.1249(a)). applicable under Section l

Associate Director 1217 of the National flousing Act (12 US Fire Adr'inistration l

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Insurance and Hazard U.S.C.1749bbb-17).

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4. b,ue and be sued under b,ection g

402(c)(3) of the llousing Act of 1950 (12 R

U.S C.1749a(c)(3)). applicable under

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Section 1217 of the Nationalllousing

...r n mwa. m " " "I 21(c) of the i ederal Fire Prevention and Act (12 U.S.C.1749hbb-17).

'* C N 35 Control Act of 1!a4. as amended [15 Section C. Authonty dch. gated with U.S.C. 2215 nnd 221n\\c)) u hich are respect ta the NationalFlood lasurance ted States Fire Administration.

9e in edon Prognm. The Associate Director is b"Ad

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States I. ""Adnu."Ior of the Unitedauthorized to exercise the power and egation of Authority mstration may authority of the Director. Federal ire oder Section 201 of Reorganization i No. 3 of 1978, all functions vested redelegate his or her anthority to any Emergency Management Agency with he Secretary of Commerce. the officer or employee of the United States respect to the National flood Insurance ninistrator and Deputy Fire Administration subject to such conditions in the eserci9e of such Program (NFIP) under Section 15(c) of the Federal Flood lasurance Act of 1956 nimstrator of the United States Fire authority as s/he may prescribe.

[42 U.S.C. 2414(c)) and the National i

"umstration and the Superintendent t

m National Academy for 11r" Flood Insurance Act of 1968, as s

ention and Control. pursuant to the

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amended ad the Flood Disaster Prolection Ar.t of 1973, as at:1cnded (42 S C. 4001 ct. seq.). cxcept the authority r

d 111 C.

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[ exclusise of the functions set forth I"'""**"""'"'"4 2 tions 18 and 2a of the Federal Fire E"N cm 3*-*"

1. Unrrow funds from the Treasury ention and Control Act of 1974, as under Section 15(c) of the N:stional nded 115 U.S C. 278f and l'.11) ar e "ID * "S sferred to the Director of the Federal Insurance and Hazard Mitigation; rgency Management Agency. Ily Oclegation of Authority National Flood Insurance Act, and

'mn 3M of I corganization Phin No. 3 Section A. AssorinteDirec/vrof under Section 1309 of the National Flood ca. the United States Fire Insurunce and /lazard Mitigation.

Insurance Act (42 U.S.C. 2414(e) and

inistration and the National Purcuant to Section 104 of 4010).

demy for Fire Prevention and -

. Reorganization Plan No. 3 of 197a and trol and the positions of Executive Order 12127 of March 31.

1 Establish and administer the

.inistrator of said Adtninistration 1979. the position of Associate Director National Flood insurance Fund under Superintendent of said Academy for Insurance and llazard Mitigation.

Section 1310 of the National Flood

'ransferred to the Federal Fn!cral Emergency M.magement Insurance Act (12 U.S.C. 4017).

igency Mana:cment Agency.

Agency is hgreby established. 'I be 1 Heport on program operations, in

. Iore, the followmg delegation is Associate D'ree. tor. which shall also b

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ded.

carry the titic Federal Insurance Set tiv. 320 of the National Flood muant to the authority vested in the Admm, istrator.1 ederal Emergency Insurance Act (42 U.S C. 4027).

otor by Sectmn 100 of Management Agency shall be

4. Make the determinalion concerning

~tanizathn Plan No. 3 of 197n. to compensated at the rate now and federal operation of the progr un and the nu nt the clear intent of Section 301 hereafter prescribed fo LevelIV of the report m Con"ress under Sect (ion 1340 of ad Reorganization Plan. and subject Executive Schedule and shall have the the National Flood Insurance Act (42

. h policy and directives as s/he functions described in Sections B U.S.C. 4071).

Wesent.c. the Administrator, through F of the delegation.

5. Ile sued under Section 1311 of the

'ed States Iire Administration,is Section H. An/hority de/cyn/cd with National Flood Insurance Act (42 U.S.C.

by delegated the authority to respect to the NationalInsurance 4U72).

nm sm h functions as are vested in Dere/opment l'ro, grams. l he Awociate

6. Andit and esamine the records of ihrector. Federal Emergency power and authority of the Director, Director is anihorued to esercise the

. igement Agency by Section 201 of flood insurance pools and insurance companies ~ ether private unization Plan No. 3 of 1978.

Federal Emergency Man:igement

pt authonties under Sections to and Agency with respect to the National oiganizations under don 1348(b)(42 L

U.S.C. 40a l(b)).

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l ederal Regirter / Viol. 41. No. on / t siitny. April n.1979 / N<,tu es o

Settmn D. Authority driegated with resport to the Southeast flurncone Disaster Relief Act. The Associate j

Director is authorized to exercise the authority of the Director. Federal Emerge:ncy Management Agency with respect to the study of alternative programs to provide financial assistance to those suffering property losses in l

natural disasters, under Section 5 of the Southeast flurricane Disaster Relief Act l

of 1965 (79 Stat.1301).

I Section E. Authanty to redchgate.

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'Ibc Associate Directoris authorized to i

redclen.ite to subordinate employees any of the power and authority j

i delegated under Sections B. C. and D.

except the authority to issue rules and I

regulations.

Section Y. Authority to designate l

Acting Associate Director for Insurance liarard Ahtigation/FederalInsurance t

Administrator and subordinate officials.

'!he Associate Directoris further l

authorized to:

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1. Designate one or more subordinate employees to serve as Acting Associate Director during his or her absence.

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2. Designate one or more subordinate employees to serve as acting head of an j

i organizational unit under the Associate Director during the absence of the head of a unit or during a vacancy in the t

position.

2 Sectiun G. Delegutions reroArd. This delegation supersedes any other deleg.ition of authority issued prior to the effective date hereof portaining to the subject matter hereof.

Authority: 12 U.S C.1749hbb et seq ; 12 U S.C.1749hbb Note:42 U.S C. 4001-1128; Heorganization Plan No. 3 of 19-'8 (41 FR 41913h and Executisc Order 12127 dated

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March 31.1979 (44 FR 19367. April 3.1979).

Effcclive d.ite. 'l his docurnent shall be effectise as of April 1.1979.

1 Dated: April 2.1979.

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Ae rare n,mrer. Nui.or 'l Emergency Management Agmy

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