Pre-DHS EO’s Delegating Authority to Director FEMA


In determining whether the “new” FEMA has the same legal authority as the former independent agency one source of authority is delegated authority from the President to the Director of FEMA. Now of course all delegations from the President go directly to the Secretary DHS and then may or may not be redelegated to the Administrator FEMA.

Thus the following:

 

 

Presidential Executive Orders Specifically Delegating Program, Function, or Activity Legal Authority to the Independent Executive Branch FEMA

Prior to Incorporation Into DHS on  March 1, 2003

[Note some of these EOs listed also delegate to

 other Executive Branch Organizations]

 

 

 

 

 

Carter Administration:

 

  1. Executive Order 11988 of May 24, 1977, as amended, Floodplain Management, 3 CFR, 1977 Comp., p. 117,  42 U.S.C. §4321 note p.191. (See 44 CFR Part 9)

 

  1. Executive Order 12127 of March 31, 1979, Federal Emergency Management Agency, 3 CFR, 1979 Comp., p. 376. (Implements Reorg. Plan No. 3 of 1978)

 

  1. Executive Order 12148 of July 20, 1979, as amended, Federal emergency management, 3 CFR, 1979 Comp., p. 412. (Implements Reorg. Plan No. 3 of 1978)

 

  1. Executive Order  12241 of September 29, 1980, National Contingency Plan [Radiological Emergencies], 3 CFR, 1980 Comp., p. 282. (Note-Source of FRERP).

 

Reagan Administration:

 

  1. Executive Order 12472 of April 3, 1984, Assignment of national security and emergency preparedness telecommunications functions, 3 CFR, 1984 Comp., p.193. (See 47 CFR Part 201)

 

  1. Executive Order 12580 of January 23, 1987, as amended, Superfund Implementation, 3 CFR, 1987 Comp., p. 193 (Note: Amended by E.O. 12777 of October 18, 1991, and further amended by E.O. 13016 of August 28, 1996). (See 40 CFR Part 300, currently under revision).

 

  1. Executive Order 12656 of November 18, 1988, Assignment of Emergency Preparedness Responsibilities, 3 CFR, 1988 Comp., p. 585. (See also 47 CFR Part 201)

 

  1. Executive Order 12657 of November 18, 1988, Federal Emergency Management Agency Assistance in Emergency Preparedness Planning at Commercial Nuclear Power Plants, 3 CFR, 1988 Comp., p. 611. (See 44 CFR Part 352)

 

Bush Administration:

 

  1. Executive Order 12673 of March 23, 1989, Delegation of Disaster Relief and Emergency Assistance Functions, 3 CFR, 1989 Comp., p. 309. (See 44 CFR Part 206)

 

  1. Executive Order 12699 of January 5, 1990,  Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction, 3 CFR, 1990 Comp., p. 269.

 

  1. Executive Order 12742 of January 8, 1991, National Security Industrial Responsiveness, 3 CFR, 1991 Comp., p. 309.

 

Clinton Administration:

 

  1. Executive Order 12919  of June 3, 1994, National Defense Industrial Resources Preparedness, 3 CFR, 1994 Comp., p. 901. (See 15 CFR Part 700, 44 CFR Parts 321-            336)

 

  1. Executive Order 12941 of December 1, 1994, Seismic Safety of Existing Federally Owned or Leased Building, 3 CFR, 1994 Comp. , p. 955.

 

 

 

 [Executive Orders serve to delegate legal authority, provide legal interpretation, and provide policy guidance. When issued specifically pursuant to express statutory authority Executive Orders have the force and effect of federal law.]

 

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