44 CFR Part 7

Pt. 7

44 CFR Ch. I (10–1–00 Edition)

(2) Reasons for exemptions. All information about individuals in these
records that meet the criteria stated in
5 U.S.C. 552a(k)(5) is exempt from the
requirements of 5 U.S.C. 552a (c)(3) and
(d). These provisions of the Privacy Act
relate to making accountings of disclosure available to the subject and access
to and amendment of records. These
exemptions are claimed because the
system of records entitled, FEMA/SEC–
1, Security Management Information
System, contains investigatory material compiled solely for the purpose of
determining suitability, eligibility, or
qualifications for access to classified
information or classified Federal contracts, but only to the extent that the
disclosure would reveal the identity of
a source who furnished information to
the Government under an express
promise or, prior to September 27, 1975,
under an implied promise that the
identity of the source would be held in
confidence. During the litigation process and investigations, it is possible
that certain records from the system of
records entitled, FEMA/SEC–1, Security Management System may be necessary and relevant to the litigation or
investigation and included in these systems of records. To the extent that this
occurs, the Director, FEMA, has determined that the records would also be
exempted from subsections (c)(3) and
(d) pursuant to 5 U.S.C. 552a(k)(5) to
protect such records. A determination
will be made at the time of the request
for a record concerning whether specific information would reveal the
identity of a source. This exemption is
required in order to protect the confidentiality of the sources of information compiled for the purpose of determining access to classified information. This confidentiality helps maintain the Government’s continued access to information from persons who
would otherwise refuse to give it.

PART 7—NONDISCRIMINATION IN
FEDERALLY-ASSISTED PROGRAMS
(FEMA REG. 5)
Subpart A—Nondiscrimination in FEMA
Programs—General
Sec.
7.1 Purpose.
7.2 Definitions.
7.3 Application of this regulation.
7.4 Further application of this regulation.
7.5 Specific discriminatory actions prohibited.
7.6 Life, health, and safety.
7.7 Assurances required.
7.8 Elementary and secondary schools.
7.9 Assurances from institutions.
7.10 Compliance information.
7.11 Conduct of investigations.
7.12 Procedure for effecting compliance.
7.13 Hearings.
7.14 Decisions and notices.
7.15 Judicial review.
7.16 Effect on other regulations; forms and
instructions.

Subparts B–D [Reserved]
Subpart E—Nondiscrimination on the Basis
of Age in FEMA Program Activities Receiving Federal Financial Assistance
GENERAL
7.910 What is the purpose of the Age Discrimination Act of 1975?
7.911 What is the purpose of FEMA’s age
discrimination regulation?
7.912 To what programs does this regulation
apply?
7.913 Definition of terms used in this regulation.
STANDARDS FOR DETERMINING AGE
DISCRIMINATION
7.920 Rules against age discrimination.
7.921 Exceptions to the rules against age
discrimination: Normal operation or
statutory objective of any program or activity.
7.922 Exceptions to the rules against age
discrimination: Reasonable factors other
than age.
7.923 Burden of proof for exceptions.
7.924 Affirmative action by recipient.
7.925 Special benefits for children and the
elderly.
7.926 Age distinctions contained in FEMA
regulations.

[45 FR 64580, Sept. 30, 1980, as amended at 47
FR 54816, Dec. 6, 1982; 52 FR 5114, Feb. 19,
1987]

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Federal Emergency Management Agency
DUTIES OF FEMA RECIPIENTS

§ 7.2

tion has the principal responsibility
within the agency for the administration of the law extending such assistance.
(b) The term United States means the
States of the United States, the District of Columbia, Puerto Rico, the
Virgin Islands, American Samoa,
Guam, Wake Island, the Canal Zone,
and the territories and possessions of
the United States, and the term State
means any one of the foregoing.
(c) The term Federal financial assistance includes (1) grants and loans of
Federal funds, (2) the grant or donation
of Federal property and interests in
property, (3) the detail of Federal personnel, (4) the sale and lease of, and the
permission to use (on other than a casual or transient basis), Federal property or any interest in such property
without consideration or at a nominal
consideration, or at a consideration
which is reduced for the purpose of assisting the recipient, or in recognition
of the public interest to be served by
such sale or lease to the recipient, and
(5) any Federal agreement, arrangement, or other contract which has as
one of its purposes the provision of assistance.
(d) The term program includes any
program, project, or activity for the
provision of services, financial aid, or
other benefits to individuals (including
education or training, health, welfare,
rehabilitation, housing, or other services, whether provided through employees of the recipient of Federal financial
assistance or provided by others
through contracts or other arrangements with the recipient, and including
work opportunities and cash or loan or
other assistance to individuals), or for
the provision of facilities for furnishing services, financial aid or other
benefits to individuals. The services, financial aid, or other benefits provided
under a program receiving Federal financial assistance shall be deemed to
include any services, financial aid, or
other benefits provided with the aid of
Federal financial assistance or with
the aid of any non-Federal funds, property, or other resources required to be
expended or made available for the program to meet matching requirements
or other conditions which must be met

7.930 General responsibilities.
7.931 Notice to subrecipients and beneficiaries.
7.932 Assurance of compliance and recipient
assessment of age distinctions.
7.933 Information requirement.
INVESTIGATION, CONCILIATION, AND
ENFORCEMENT PROCEDURES
7.940 Compliance reviews.
7.941 Complaints.
7.942 Mediation.
7.943 Investigation.
7.944 Prohibition against intimidation or
retaliation.
7.945 Compliance procedure.
7.946 Hearings, decisions, post-termination
proceedings.
7.947 Remedial action by recipient.
7.948 Alternate funds disbursal procedure.
7.949 Exhaustion of administrative remedies.
SOURCE: 30 FR 321, Jan. 9, 1965, unless otherwise noted. Redesignated at 45 FR 44575,
July 1, 1980.

Subpart A—Nondiscrimination in
FEMA Programs—General
AUTHORITY: FEMA Reg. 5 issued under sec.
602, 78 Stat. 252; 42 U.S.C. 2000 d–1; 42 U.S.C.
1855–1885g; 50 U.S.C. 404.
SOURCE: 30 FR 321, Jan. 9, 1965, unless otherwise noted. Redesignated at 45 FR 44575,
July 1, 1980, and further redesignated at 55
FR 23078, June 6, 1990.

§ 7.1 Purpose.
The purpose of this regulation is to
effectuate the provisions of title VI of
the Civil Rights Act of 1964 (hereafter
referred to as the ‘‘Act’’) to the end
that no person in the United States
shall, on the ground of race, color, or
national origin, be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any program or activity
receiving Federal financial assistance
from the Federal Emergency Management Agency.
§ 7.2 Definitions.
As used in this regulation:
(a) The term responsible agency official
with respect to any program receiving
Federal financial assistance means the
Director of the Federal Emergency
Management Agency or other official
of the agency who by law or by delega-

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§ 7.3

44 CFR Ch. I (10–1–00 Edition)

in order to receive the Federal financial assistance, and to include any
services, financial aid, or other benefits provided in or through a facility
provided with the aid of Federal financial assistance or such non-Federal resources.
(e) The term facility includes all or
any portion of structure, equipment, or
other real or personal property or interests therein, and the provision of facilities includes the construction, expansion, renovation, remodeling, alteration or acquisition of facilities.
(f) The term recipient means any
State, political subdivision of any
State, or instrumentality of any State
or political subdivision, any public or
private agency, institution, or organization, or other entity, or any individual, in any State, to whom Federal
financial assistance is extended, directly or through another recipient, for
any program, including any successor,
assign, or transferee thereof, but such
term does not include any ultimate
beneficiary under any such program.
(g) The term primary recipient means
any recipient which is authorized or required to extend Federal financial assistance to another recipient for the
purpose of carrying out a program.
(h) The term applicant means one
who submits an application, request, or
plan required to be approved by a responsible agency official, or by a primary recipient, as a condition to eligibility for Federal financial assistance,
and the term application means such an
application, request, or plan.
§ 7.3

§ 7.4 Further application of this regulation.
This regulation applies to any program for which Federal financial assistance is authorized under a law administered by the Federal Emergency
Management Agency. It applies to
money paid, property transferred, or
other Federal financial assistance extended under any such program after
the effective date of the regulation
pursuant to an application approved
prior to such effective date. This regulation does not apply to (a) any Federal
financial assistance by way of insurance or guaranty contracts, (b) money
paid, property transferred, or other assistance extended under any such program before the effective date of this
regulation, (c) any assistance to any
individual who is the ultimate beneficiary under any such program, or (d)
any employment practice, under such
program, of any employer, employment
agency, or labor organization.
(Reorganization Plan No. 3 of 1978, E.O. 12127
and E.O. 12148)
[30 FR 321, Jan. 9, 1965. Redesignated at 45
FR 44575, July 1, 1980, as amended at 48 FR
44543, Sept. 29, 1983]

§ 7.5 Specific discriminatory
prohibited.

actions

(a) A recipient under any program to
which this regulation applies may not,
directly or through contractual or
other arrangements, on ground of race,
color, or national origin:
(1) Deny any individual any service,
financial aid, or other benefit provided
under the program;
(2) Provide any service, financial aid,
or other benefit to an individual which
is different, or is provided in a different
manner, from that provided to others
under the program;
(3) Subject an individual to segregation or separate treatment in any matter related to his receipt of any service,
financial aid, or other benefit under
the program;
(4) Restrict an individual in any way
in the enjoyment of any advantage or
privilege enjoyed by others receiving
any service, financial aid, or other benefit under the program;

Application of this regulation.

No person in the United States shall,
on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or
be otherwise subjected to discrimination by those receiving assistance
under the ‘‘Federal Disaster Assistance’’ program (Pub. L. 81–875; 42
U.S.C. 1855–1855g), or under the ‘‘Interim Emergency Management of Resources’’ program (section 103 of the
National Security Act of 1947; Pub. L.
80–253, as amended; 50 U.S.C. 404).

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Federal Emergency Management Agency
(5) Treat an individual differently
from others in determining whether he
satisfies any admission, enrollment,
quota, eligibility, membership or other
requirement or condition which individuals must meet in order to be provided any service, financial aid, or
other benefit provided under the program;
(6) Deny an individual an opportunity
to participate in the program through
the provision of services or otherwise
or afford him an opportunity to do so
which is different from that afforded
others under the program.
(b) A recipient, in determining the
types of services, financial aid, or other
benefits, or facilities which will be provided under any such program, or the
class of individuals to whom, or the situations in which, such services, financial aid, other benefits, or facilities
will be provided under any such program, or the class of individuals to be
afforded an opportunity to participate
in any such program, may not, directly
or through contractual or other arrangements, utilize criteria or methods
of administration which have the effect
of subjecting individuals to discrimination because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the
program as respect individuals of a particular race, color, or national origin.
(c) As used in this section the services, financial aid, or other benefits
provided under a program receiving
Federal financial assistance shall be
deemed to include any service, financial aid, or other benefit provided in or
through a facility provided with the
aid of Federal financial assistance.
(d) The enumeration of specific forms
of prohibited discrimination in this
section does not limit the generality of
the prohibition in section 4.
§ 7.6

§ 7.8

§ 7.7 Assurances required.
Every application for Federal financial assistance to carry out a program
to which this regulation applies, and
every application for Federal financial
assistance to provide a facility shall, as
a condition to its approval and the extension of any Federal financial assistance pursuant to the application, contain or be accompanied by an assurance that the program will be conducted or the facility operated in compliance with all requirements imposed
by or pursuant to this regulation. In
the case of an application for Federal
financial assistance to provide real
property or structures thereon, the assurance shall obligate the recipient, or,
in the case of a subsequent transfer,
the transferee, for the period during
which the real property or structures
are used for a purpose for which the
Federal financial assistance is extended or for another purpose involving
the provision of similar services or
benefits. In the case of personal property the assurance shall obligate the
recipient for the period during which
he retains ownership or possession of
the property. In all other cases the assurance shall obligate the recipient for
the period during which Federal financial assistance is extended pursuant to
the application. The responsible agency official shall specify the form of the
foregoing assurances for each program,
and the extent to which like assurances will be required of subgrantee,
contractors and subcontractors, transferees, successors in interest, and other
participants in the program. Any such
assurance shall include provisions
which give the United States a right to
seek its judicial enforcement.
§ 7.8 Elementary
and
secondary
schools.
The requirements of section 7 with
respect to any elementary or secondary
school or school system shall be
deemed to be satisfied if such school or
school system (a) is subject to a final
order of a court of the United States
for the desegregation of such school or
school system, and provides an assurance that it will comply with such
order, including any future modification of such order, or (b) submits a plan
for the desegregation of such school or

Life, health, and safety.

Notwithstanding the provisions of
section 5, a recipient of Federal financial assistance shall not be deemed to
have failed to comply with section 3, if
immediate provision of a service or
other benefit to an individual is necessary to prevent his death or serious
impairment of his health or safety.

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§ 7.9

44 CFR Ch. I (10–1–00 Edition)

school system which the United States
Commissioner of Education determines
is adequate to accomplish the purpose
of the Act and this regulation, and provides reasonable assurance that it will
carry out such plans; in any case of
continuing Federal financial assistance
the responsible agency official may reserve the right to redetermine, after
such period as may be specified by him,
the adequacy of the plan to accomplish
the purposes of the Act and this regulation. In any case to which a final order
of a court of the United States for the
desegregation of such school or school
system is entered after submission of
such a plan, such plan shall be revised
to conform to such final order, including any future modification of such
order.
§ 7.9

§ 7.10 Compliance information.
(a) Cooperation and assistance. The responsible official in the Federal Emergency Management Agency shall to the
fullest extent practicable seek the cooperation of recipients in obtaining
compliance with this regulation and
shall provide assistance and guidance
to recipients to help them comply voluntarily with this regulation.
(b) Compliance reports. Each recipient
shall keep such records and submit to
the responsible agency official or his
designee timely, complete, and accurate compliance reports at such times,
and in such form and containing such
information, as the responsible agency
official or his designee may determine
to be necessary to enable him to ascertain whether the recipient has complied or is complying with this regulation. In the case of any program under
which a primary recipient extends Federal financial assistance to any other
recipient, such other recipient shall
also submit such compliance reports to
the primary recipient as may be necessary to enable the primary recipient
to carry out its obligations under this
regulation.
(c) Access to sources of information.
Each recipient shall permit access by
the responsible agency official or his
designee during normal business hours
to such of its books, records, accounts,
and other sources of information, and
its facilities as may be pertinent to ascertain compliance with this regulation. Where any information required
of a recipient is in the exclusive possession of any other agency, institution or
person and this agency, institution or
person shall fail or refuse to furnish
this information, the recipient shall so
certify in its report and shall set forth
what efforts it has made to obtain the
information.
(d) Information to beneficiaries and
participants. Each recipient shall make
available to participants, beneficiaries,
and other interested persons such information regarding the provisions of
this regulation and its applicability to
the program under which the recipient
receives Federal financial assistance,
and make such information available
to them in such manner, as the responsible agency official finds necessary to
apprise such persons of the protection

Assurances from institutions.

(a) In the case of any application for
Federal financial assistance to an institution of higher education, the assurance required by section 7 shall extend to admission practices and to all
other practices relating to the treatment of students.
(b) The assurances required with respect to an institution of higher education, hospital, or any other institution, insofar as the assurance relates to
the institution’s practices with respect
to admission or other treatment of individuals as students, patients, or clients of the institutions or to the opportunity to participate in the provision
of services or other benefits to such individuals, shall be applicable to the entire institution unless the applicant establishes, to the satisfaction of the Director of the Federal Emergency Management Agency that the institution’s
practices in designated parts or programs of the institution will in no way
affect its practices in the program of
the institution for which Federal financial assistance is sought, or the beneficiaries of or participants in such program. If in any such case the assistance sought is for the construction of a
facility or part of a facility, the assurance shall in any event extend to the
entire facility and to facilities operated in connection therewith.

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Federal Emergency Management Agency

§ 7.12

shall intimidate, threaten, coerce, or
discriminate against any individual for
the purpose of interfering with any
right or privilege secured by section 601
of the Act or this regulation, or because he has made a complaint, testified, assisted, or participated in any
manner in an investigation, proceeding, or hearing under this regulation. The identity of complainants
shall be kept confidential except to the
extent necessary to carry out the purposes of this regulation, including the
conduct of any investigation, hearing,
or judicial proceeding arising thereunder.

against discrimination assured them
by the Act and this regulation.
§ 7.11 Conduct of investigations.
(a) Periodic compliance reviews. The responsible agency official or his designee shall from time to time review
the practices of recipients to determine
whether they are complying with this
regulation.
(b) Complaints. Any person who believes himself or any specific class of
individuals to be subjected to discrimination prohibited by this regulation
may by himself or by a representative
file a written complaint with the National Headquarters or any Regional
Office of the Federal Emergency Management Agency. A complaint must be
filed not later than 180 days from the
date of the alleged discrimination, unless the time for filing is extended by
the responsible agency official or his
designee.
(c) Investigations. The responsible
agency official or his designee will
make a prompt investigation whenever
a compliance review, report, complaint, or any other information indicates a possible failure to comply with
this regulation. The investigation
should include, where appropriate, a review of the pertinent practices and
policies of the recipient, the circumstances under which the possible
noncompliance with this regulation occurred, and other factors relevant to a
determination as to whether the recipient has failed to comply with this regulation.
(d) Resolution of matters. (1) If an investigation pursuant to paragraph (c)
of this section indicates a failure to
comply with this regulation, the responsible agency official or his designee will so inform the recipient and
the matter will be resolved by informal
means whenever possible. If it has been
determined that the matter cannot be
resolved by informal means, action will
be taken as provided for in section 12.
(2) If an investigation does not warrant action pursuant to paragraph
(d)(1) of this section the responsible
agency official or his designee will so
inform the recipient and the complainant, if any, in writing.
(e) Intimidatory or retaliatory acts prohibited. No recipient or other person

[30 FR 321, Jan. 9, 1965. Redesignated at 45
FR 44575, July 1, 1980, and further redesignated at 55 FR 23078, June 6, 1990, as amended
at 64 FR 38309, July 16, 1999]

§ 7.12 Procedure for effecting compliance.
(a) General. If there appears to be a
failure or threatened failure to comply
with this regulation, and if the noncompliance or threatened noncompliance cannot be corrected by informal
means, compliance with this regulation
may be effected by the suspension or
termination of or refusal to grant or to
continue Federal financial assistance
or by any other means authorized by
law. Such other means may include,
but are not limited to, (1) a reference
to the Department of Justice with a
recommendation that appropriate proceedings be brought to enforce any
rights of the United States under any
law of the United States (including
other titles of the Act), or any assurance or other contractual undertaking,
and (2) any applicable proceeding under
state or local law.
(b) Noncompliance with section 7. If an
applicant fails or refuses to furnish an
assurance required under section 7 or
otherwise fails or refuses to comply
with a requirement imposed by or pursuant to that section Federal financial
assistance may be refused in accordance with the procedures of paragraph
(c) of this section. The agency shall not
be required to provide assistance in
such a case during the pendency of the
administrative proceedings under such
paragraph except that the agency shall
continue assistance during the pendency of such proceedings where such

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§ 7.13

44 CFR Ch. I (10–1–00 Edition)

assistance is due and payable pursuant
to an application thereof approved
prior to the effective date of this regulation.
(c) Termination of or refusal to grant or
to continue Federal financial assistance.
No order suspending, terminating or
refusing to grant or continue Federal
financial assistance shall become effective until (1) the responsible agency official has advised the applicant or recipient of his failure to comply and has
determined that compliance cannot be
secured by voluntary means, (2) there
has been an express finding on the
record, after opportunity for hearing,
of a failure by the applicant or recipient to comply with a requirement imposed by or pursuant to this regulation, (3) the action has been approved
by the Director of the Federal Emergency Management Agency pursuant to
section 14, and (4) the expiration of 30
days after the Director has filed with
the committee of the House and the
committee of the Senate having legislative jurisdiction over the program involved, a full written report of the circumstances and the grounds for such
action. Any action to suspend or terminate or to refuse to grant or to continue Federal financial assistance shall
be limited to the particular political
entity, or part thereof, or other applicant or recipient as to whom such a
finding has been made and shall be limited in its effect to the particular program, or part thereof, in which such
noncompliance has been so found.
(d) Other means authorized by law. No
action to effect compliance by any
other means authorized by law shall be
taken until (1) the responsible agency
official has determined that compliance cannot be secured by voluntary
means, (2) the action has been approved
by the Director of the Federal Emergency Management Agency, (3) the recipient or other person has been notified of its failure to comply and of the
action to be taken to effect compliance, and (4) the expiration of at least
10 days from the mailing of such notice
to the recipient or other person. During this period of at least 10 days additional efforts shall be made to persuade
the recipient or other person to comply
with the regulation and to take such

corrective action as may be appropriate.
§ 7.13

Hearings.

(a) Opportunity for hearing. Whenever
an opportunity for a hearing is required by section 12(c), reasonable notice shall be given by registered or certified mail, return receipt requested, to
the affected applicant or recipient.
This notice shall advise the applicant
or recipient of the action proposed to
be taken, the specific provision under
which the proposed action against it is
to be taken, and the matters of fact or
law asserted as the basis for this action, and either (1) fix a date not less
than 20 days after the date of such notice within which the applicant or recipient may request of the responsible
agency official that the matter be
scheduled for hearing or (2) advise the
applicant or recipient that the matter
in question has been set down for hearing at a stated place and time. The
time and place so fixed shall be reasonable and shall be subject to change for
cause. The complainant, if any, shall
be advised of the time and place of the
hearing. An applicant or recipient may
waive a hearing and submit written information and argument for the record.
The failure of an applicant or recipient
to request a hearing under this subsection or to appear at a hearing for
which a date has been set shall be
deemed to be a waiver of the right to a
hearing under section 602 of the Act
and section 12(c) of this regulation and
consent to the making of a decision on
the basis of such information as is
available.
(b) Time and place of hearing. Hearings shall be held at the National Headquarters of the Federal Emergency
Management Agency in Washington,
DC, at a time fixed by the responsible
agency official unless he determines
that the convenience of the applicant
or recipient or of the agency requires
that another place be selected. Hearings shall be held before the responsible agency official or, at his discretion, before a hearing examiner designated in accordance with section 11
of the Administrative Procedure Act.

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Federal Emergency Management Agency
(c) Right to counsel. In all proceedings
under this section, the applicant or recipient and the agency shall have the
right to be represented by counsel.
(d) Procedures, evidence, and record. (1)
The hearing, decision, and any administrative review thereof shall be conducted in conformity with sections 5–8
of the Administrative Procedure Act,
and in accordance with such rules of
procedure as are proper (and not inconsistent with this section) relating to
the conduct of the hearing, giving of
notices subsequent to those provided
for in paragraph (a) of this section,
taking of testimony, exhibits, arguments and briefs, requests for findings,
and other related matters. Both the
agency and the applicant or recipient
shall be entitled to introduce all relevant evidence on the issues as stated
in the notice for hearing or as determined by the officer conducting the
hearing at the outset of or during the
hearing.
(2) Technical rules of evidence shall
not apply to hearings conducted pursuant to this regulation, but rules or
principles designed to assure production of the most credible evidence
available and to subject testimony to
test by cross-examination shall be applied where reasonably necessary by
the officer conducting the hearing. The
hearing officer may exclude irrelevant,
immaterial, or unduly repetitious evidence. All documents and other evidence offered or taken for the record
shall be open to examination by the
parties and opportunity shall be given
to refute facts and arguments advanced
on either side of the issues. A transcript shall be made of the oral evidence except to the extent the substance thereof is stipulated for the
record. All decisions shall be based
upon the hearing record and written
findings shall be made.
(e) Consolidated or joint hearings. In
cases in which the same or related
facts are asserted to constitute noncompliance with this regulation with
respect to two or more programs to
which this regulation applies, or noncompliance with this regulation and
the regulations of one or more other
Federal departments or agencies issued
under title VI of the Act, the Director
of the Federal Emergency Management

§ 7.14

Agency may, by agreement with such
other departments or agencies where
applicable, provide for the conduct of
consolidated or joint hearings, and for
the application to such hearings of
rules of procedures not inconsistent
with this regulation. Final decisions in
such cases, insofar as this regulation is
concerned, shall be made in accordance
with section 14.
§ 7.14 Decisions and notices.
(a) Decision by person other than the
responsible agency official. If the hearing
is held by a hearing examiner such
hearing examiner shall either make an
initial decision, if so authorized, or
certify the entire record including his
recommended findings and proposed decision to the responsible agency official for a final decision, and a copy of
such initial decision or certification
shall be mailed to the applicant or recipient. Where the initial decision is
made by the hearing examiner the applicant or recipient may within 30 days
of the mailing of such notice of initial
decision file with the responsible agency official his exceptions to the initial
decision, with his reasons therefor. In
the absence of exceptions, the responsible agency official may on his own
motion within 45 days after the initial
decision serve on the applicant or recipient a notice that he will review the
decision. Upon the filing of such exceptions or of such notice of review the responsible agency official shall review
the initial decision and issue his own
decision thereon including the reasons
therefor. In the absence of either exceptions or a notice of review the initial decision shall constitute the final
decision of the responsible agency official.
(b) Decisions on record or review by the
responsible agency official. Whenever a
record is certified to the responsible
agency official for decision or he reviews the decision of a hearing examiner pursuant to paragraph (a) of this
section, or whenever he conducts the
hearing, the applicant or recipient
shall be given reasonable opportunity
to file with him briefs or other written
statements of its contentions, and a
copy of his final decision shall be given
in writing to the applicant or recipient
and to the complainant, if any.

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§ 7.15

44 CFR Ch. I (10–1–00 Edition)

(c) Decisions on record where a hearing
is waived. Whenever a hearing is waived
pursuant to section 13(a) a decision
shall be made by the responsible agency official on the record and a copy of
such decision shall be given in writing
to the applicant or recipient, and to
the complainant, if any.
(d) Rulings required. Each decision of
a hearing officer or responsible agency
official shall set forth his ruling on
each finding, conclusion, or exception
presented, and shall identify the requirement or requirements imposed by
or pursuant to this regulation with
which it is found that the applicant or
recipient has failed to comply.
(e) Approval by Director. Any final decision of a responsible agency official
(other than the Director of the agency)
which provides for the suspension or
termination of, or the refusal to grant
or continue Federal financial assistance, or the imposition of any other
sanction available under this regulation or the Act, shall promptly be
transmitted to the Director of the Federal Emergency Management Agency
who may approve such decision, may
vacate it, or remit or mitigate any
sanction imposed.
(f) Content of orders. The final decision may provide for suspension or termination of, or refusal to grant or continue Federal financial assistance, in
whole or in part, under the program involved, and may contain such terms,
conditions, and other provisions as are
consistent with and will effectuate the
purposes of the Act and this regulation, including provisions designed to
assure that no Federal financial assistance will thereafter be extended under
such program to the applicant or recipient determined by such decision to
be in default in its performance of an
assurance given by it pursuant to this
regulation, or to have otherwise failed
to comply with this regulation, unless
and until it corrects its noncompliance
and satisfies the Director of the Federal Emergency Management Agency
that it will fully comply with this regulation.

§ 7.16 Effect on other regulations;
forms and instructions.
(a) Effect on other regulations. All regulations, orders, or like directions
heretofore issued by any officer of the
Federal Emergency Management Agency which impose requirements designed
to prohibit any discrimination against
individuals on the ground of race,
color, or national origin under any program to which this regulation applies,
and which authorize the suspension or
termination of or refusal to grant or to
continue Federal financial assistance
to any applicant for or recipient of
such assistance under such program for
failure to comply with such requirements, are hereby superseded to the extent that such discrimination is prohibited by this regulation, except that
nothing in this regulation shall be
deemed to relieve any person of any obligation assumed or imposed under any
such superseded regulation, order, instruction, or like direction prior to the
effective date of this regulation. Nothing in this regulation, however, shall
be deemed to supersede Executive Orders 10925 and 11114 (including future
amendments thereof) and regulations
issued thereunder, or any other regulations or instructions, insofar as such
regulations or instructions prohibit
discrimination on the ground of race,
color, or national origin in any program or situation to which this regulation is inapplicable, or prohibit discrimination on any other ground.
(b) Forms and instructions. Each responsible agency official shall issue
and promptly make available to interested persons forms and detailed instructions and procedures for effectuating this regulation as applied to
programs to which this regulation applies and for which he is responsible.
(c) Supervision and coordination. The
Director of the Federal Emergency
Management Agency may from time to
time assign to officials of other departments or agencies of the Government
with the consent of such departments
or agencies, responsibilities in connection with the effectuation of the purposes of title VI of the Act and this
regulation (other than responsibility
for final decision as provided in section

§ 7.15 Judicial review.
Action taken pursuant to section 602
of the Act is subject to judicial review
as provided in section 603 of the Act.

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Federal Emergency Management Agency
14), including the achievement of effective coordination and maximum uniformity within the agency and within
the Executive Branch of the Government in the application of title VI and
this regulation to similar programs
and in similar situations.

§ 7.913

§ 7.912 To what programs does this
regulation apply?
(a) The Act and this regulation apply
to each FEMA recipient and to each
program or activity operated by the recipient which receives or benefits from
Federal financial assistance provided
by FEMA.
(b) The Act and this regulation do
not apply to:
(1) An age distinction contained in
that part of a Federal, State or local
statute or ordinance adopted by an
elected, general purpose legislative
body which:
(i) Provides any benefits or assistance to persons based on age; or
(ii) Establishes criteria for participation in age-related terms; or
(iii) Describes intended beneficiaries
or target groups in age-related terms.
(2) Any employment practice of any
employer, employment agency, labor
organization, or any labor-management joint apprenticeship training program, except for any program or activity receiving Federal financial assistance for public service employment
under the Job Training Partnership
Act (29 U.S.C. 150, et seq.)

Subparts B–D [Reserved]
Subpart E—Nondiscrimination on
the Basis of Age in FEMA Program
Activities
Receiving
Federal Financial Assistance
AUTHORITY: Age Discrimination Act of 1975,
as amended, 42 U.S.C. 26101 et seq. (45 CFR
part 90).
SOURCE: 55 FR 23078, June 6, 1990, unless
otherwise noted.

GENERAL
§ 7.910 What is the purpose of the Age
Discrimination Act of 1975?
The Age Discrimination Act of 1975
(the ‘‘Act’’), as amended, is designed to
prohibit discrimination on the basis of
age in programs or activities receiving
Federal financial assistance. The Act
also permits federally-assisted programs and activities, and recipients of
Federal funds, to continue to use certain age distinctions and factors other
than age which meet the requirements
of the Act and this regulation.

§ 7.913 Definition of terms used in this
regulation.
As used in this regulation, the term
Act means the Age Discrimination Act
of 1975 as amended (title III of Pub. L.
94–135).
Action means any act, activity, policy, rule, standard, or method of administration; or the use of any policy,
rule, standard or method of administration.
Age means how old a person is, or the
number of years from the date of a person’s birth.
Age distinction means any action
using age or an age-related term.
Age-related term means a word or
words which necessarily imply a particular age or range of ages (for example, children, older persons, but not student).
Agency means the Federal Emergency
Management Agency.
Director means the Director of the
Federal Emergency Management Agency.
Federal financial assistance means any
grant, entitlement, loan, cooperative

§ 7.911 What is the purpose of FEMA’s
age discrimination regulation?
The purpose of this regulation is to
set out FEMA’s policies and procedures
under the Age Discrimination Act of
1975 and the general governmentwide
regulations, 45 CFR part 90. The Act
and the general regulations prohibit
discrimination on the basis of age in
programs or activities receiving Federal financial assistance. The Act and
the general regulations permit federally-assisted programs, activities, and
recipients of Federal funds, to continue
to use age distinctions and factors
other than age which meet the requirements of the Act and its implementing
regulations.

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§ 7.920

44 CFR Ch. I (10–1–00 Edition)

agreement, contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which the agency provides or otherwise makes available assistance in the form of:
(a) Funds; or
(b) Services or Federal personnel; or
(c) Real and personal property or any
interest in or use of property, including:
(1) Transfers or leases of property for
less than fair market value or for reduced consideration; and
(2) Proceeds from a subsequent transfer or lease of property if the Federal
share of its fair market value is not returned to the Federal Government.
Normal operation means the operation
of a program or activity without significant changes that would impair its
ability to meet its objective.
Recipient means any State or its political subdivision, any instrumentality of a State or its political subdivision, institution, organization, or
other entity, or any person to which
Federal financial assistance is extended, directly or through another recipient. Recipient includes any successor, assignee, or transferee, but excludes the ultimate beneficiary of the
assistance.
Statutory objective means any purpose
of a program or activity expressly stated in any Federal statute, State statute or local statute or ordinance adopted by an elected, general purpose legislative body.
Subrecipient means any of the entities
in the definition of ‘‘recipient’’ to
which a recipient extends or passes on
Federal financial assistance. A subrecipient is generally regarded as a recipient of Federal financial assistance
and has all the duties of a recipient in
these regulations.
United States includes the States of
the United States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American
Samoa, Guam, the Commonwealth of
the Northern Mariana Islands, Wake Island, the Canal Zone, the Trust Territory of the Pacific Islands and all other
territories and possessions of the
United States. The term ‘‘State’’ also
includes any one of the foregoing.

STANDARDS FOR DETERMINING AGE
DISCRIMINATION
§ 7.920

Rules against discrimination.

The rules stated in this section are
limited by the exceptions contained in
§§ 7.921 and 7.922 of these regulations.
(a) General rule: No person in the
United States shall, on the basis of age,
be excluded from participation in, be
denied the benefits of, or be subjected
to discrimination under, any program
or activity receiving Federal financial
assistance.
(b) Specific rules: A recipient may not,
in any program or activity receiving
Federal financial assistance, directly
or through contractual licensing, or
other arrangements, use age distinctions or take any other actions which
have the effect, on the basis of age, of:
(1) Excluding individuals from, denying them the benefits of, subjecting
them to discrimination under, a program or activity receiving Federal financial assistance; or
(2) Denying or limiting individuals in
their opportunity to participate in any
program or activity receiving Federal
financial assistance. The specific forms
of age discrimination listed in paragraph (b) of this section do not necessarily constitute a complete list.
§ 7.921 Exceptions to the rules against
age discrimination: Normal operation or statutory objective of any
program or activity.
A recipient is permitted to take an
action, otherwise prohibited by § 7.920,
if the action reasonably takes into account age as a factor necessary to the
normal operation of the achievement
of any statutory objective of a program
or activity. An action reasonably takes
into account age as a factor necessary
to the normal operation or the achievement of any statutory objective of a
program or activity, if:
(a) Age is used as a measure or approximation of one or more other characteristics; and
(b) The other characteristic(s) must
be measured or approximated in order
for the normal operation of the program or activity to continue, or to
achieve any statutory objective of the
program or activity; and

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Federal Emergency Management Agency

DUTIES OF FEMA RECIPIENTS

(c) The other characteristic(s) can be
reasonably measured or approximated
by the use of age; and
(d) The other characteristic(s) are
impractical to measure directly on an
individual basis.

§ 7.930

A recipient is permitted to take an
action otherwise prohibited by § 7.920
which is based on a factor other than
age, even though that action may have
a disproportionate effect on persons of
different ages only if the factor bears a
direct and substantial relationship to
the normal operation of the program or
activity or to the achievement of a
statutory objective.

§ 7.931 Notice to
beneficiaries.

subrecipients

and

(a) Where a recipient passes on Federal financial assistance from FEMA to
subrecipients, the recipient shall provide the subrecipients written notice of
their obligations under the Act and
this regulation.
(b) Each recipient shall make necessary information about the Act and
this regulation available to its program beneficiaries in order to inform
them about the protection against discrimination provided by the Act and
this regulation.

Burden of proof for exceptions.

The burden of proving that an age
distinction or other action falls within
the exceptions outlined in §§ 7.921 and
7.922 is on the recipient of Federal financial assistance.
§ 7.924

General responsibilities.

Each FEMA recipient has primary responsibility to ensure that its programs and activities are in compliance
with the Act and this regulation, and
shall take steps to eliminate violations
of the Act. A recipient also has responsibility to maintain records, provide
information, and to afford FEMA access to its records to the extent FEMA
finds necessary to determine whether
the recipient is in compliance with the
Act and this regulation.

§ 7.922 Exceptions to the rules against
age discrimination: Reasonable factors other than age.

§ 7.923

§ 7.932

Affirmative action by recipient.

Even in the absence of a finding of
discrimination, a recipient may take
affirmative action to overcome the effects of conditions that resulted in the
limited participation in the recipient’s
program or activity on the basis of age.

§ 7.932 Assurance of compliance and
recipient assessment of age distinctions.
(a) Each recipient of Federal financial assistance from FEMA shall sign a
written assurance as specified by
FEMA that it will comply with Act and
this regulation.
(b) Recipient assessment of age distinctions. (1) As part of the compliance
review under § 7.940 or complaint investigation under § 7.943, FEMA may require a recipient employing the equivalent of fifteen or more employees to
complete written evaluation, in a manner specified by the responsible Agency
official, of any age distinction imposed
in its program or activity receiving
Federal financial assistance from
FEMA to assess the recipient’s compliance with the Act.
(2) Whenever an assessment indicates
a violation of the Act and the FEMA
regulations, the recipient shall take
corrective action.

§ 7.925 Special benefits for children
and the elderly.
If a recipient operating a program
provides special benefits to the elderly
or to children, such use of age distinctions shall be presumed to be necessary
to the normal operation of the program, notwithstanding the provisions
of § 7.921.
§ 7.926 Age distinctions contained in
FEMA regulations.
Any age distinctions contained in a
rule or regulation issued by FEMA
shall be presumed to be necessary to
the achievement of a statutory objective of the program to which the rule
or regulation applies, notwithstanding
the provisions of § 7.921.

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§ 7.933
§ 7.933

44 CFR Ch. I (10–1–00 Edition)
(b) FEMA will consider the date a
complaint is filed to be the date upon
which the complaint is sufficient to be
processed. A complaint is deemed ‘‘sufficient’’ when it contains particulars
(e.g., names, addresses, and telephone
numbers of parties involved; date(s) of
alleged discrimination; kind(s) of alleged discrimination) upon which to
begin an investigation.
(c) FEMA will attempt to facilitate
the filing of complaints wherever possible, including taking the following
measures:
(1) Accepting as a sufficient complaint any written statement which
identifies the parties involved and the
date the complainant first had knowledge of the alleged violation, describes
generally the action or practice complained of, and is signed by the complainant.
(2) Freely permitting a complainant
to add information to the complaint to
meet the requirements of a sufficient
complaint.
(3) Notifying the complainant and
the recipient of their rights and obligations under the complaint procedure,
including the right to have a representative at all stages of the complaint
procedure.
(4) Notifying the complainant and
the recipient (or their representatives)
of their right to contact FEMA for information and assistance regarding the
complaint resolution process.
(d) FEMA will return to the complainant any complaint outside the jurisdiction of this regulation, and will
state the reason(s) why it is outside
the jurisdiction of this regulation.

Information requirement.

Each recipient shall:
(a) Keep records in a form acceptable
to FEMA and containing information
which FEMA determines are necessary
to ascertain whether the recipient is
complying with the Act and this regulation.
(b) Provide to FEMA, upon request,
information and reports which FEMA
determines are necessary to ascertain
whether the recipient is complying
with the Act and this regulation.
(c) Permit FEMA reasonable access
to the books, records, accounts, and
other recipient facilities and sources of
information to the extent FEMA determines is necessary to ascertain whether the recipient is complying with the
Act and this regulation.
INVESTIGATION, CONCILIATION, AND
ENFORCEMENT PROCEDURES
§ 7.940

Compliance reviews.

(a) FEMA may conduct compliance
reviews and preaward reviews or use
other similar procedures that will permit it to investigate and correct violations of the Act and this regulation.
FEMA may conduct these reviews even
in the absence of a complaint against a
recipient. The reviews may be as comprehensive as necessary to determine
whether a violation of the Act and this
regulation has occurred.
(b) If a compliance review or
preaward review indicates a violation
of the Act or this regulation, FEMA
will attempt to achieve voluntary compliance with the Act. If voluntary compliance cannot be achieved, FEMA will
arrange for enforcement as described in
§ 7.945.
§ 7.941

§ 7.942 Mediation.
(a) FEMA will promptly refer to a
mediation agency designated by the Director all sufficient complaints that:
(1) Fall within the jurisdiction of the
Act and this regulation, unless the age
distinction complained of is clearly
within an exception; and,
(2) Contain all information necessary
for further processing.
(b) Both the complainant and the recipient shall participate in the mediation process to the extent necessary
to reach an agreement or for the mediator to make an informed judgment
that an agreement is not possible.

Complaints.

(a) Any person, individually or as a
member of a class or on behalf of others, may file a complaint with FEMA,
alleging discrimination prohibited by
the Act or these regulations occurring
after the date of final adoption of this
rule. A complainant shall file a complaint within 180 days from the date
the complainant first had knowledge of
the alleged act of discrimination. However, for good cause showing, FEMA
may extend this time limit.

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Federal Emergency Management Agency

§ 7.945

(4) The settlement shall not affect
the operation of any other enforcement
effort of FEMA, including compliance
reviews and investigation of other complaints which may involve the recipient.
(5) The settlement is not a finding of
discrimination against a recipient.
(b) Formal investigation. If FEMA cannot resolve the complaint through informal investigation, it will begin to
develop formal findings through further investigation of the complaint. If
the investigation indicates a violation
of this regulation, FEMA will attempt
to obtain voluntary compliance, it will
begin enforcement as described in
§ 7.945.

(c) If the complainant and the recipient reach an agreement, the mediator
shall prepare a written statement of
the agreement and have the complainant and the recipient sign it. The mediator shall send a copy of the agreement
to FEMA. FEMA will take no further
action on the complaint unless the
complainant or the recipient fails to
comply with the agreement.
(d) The mediator shall protect the
confidentiality of all information obtained in the course of the mediation
process. No mediator shall testify in
any adjudicative proceeding, produce
any document, or otherwise disclose
any information obtained in the course
of the mediation process without prior
approval of the head of the mediation
agency.
(e) The mediation will proceed for a
maximum of 60 days after a complaint
is filed with FEMA. Mediation ends if:
(1) Sixty days elapse from the time
the complaint is filed; or
(2) Prior to the end of that 60 day period, an agreement is reached; or
(3) Prior to the end of that 60 day period, the mediator determines that an
agreement cannot be reached. This 60
day period may be extended by the mediator, with the concurrence of FEMA,
for not more than 30 days if the mediator determines agreement will likely
be reached during such extended period.
(f) The mediator shall return unresolved complaints to FEMA.

§ 7.944 Prohibition against
tion or retaliation.

intimida-

A recipient may not engage in acts of
intimidation or retaliation against any
person who:
(a) Attempts to assert a right protected by the Act or this regulation; or
(b) Cooperates in any mediation, investigation, hearing, or other part of
FEMA’s investigation, conciliation and
enforcement process.
§ 7.945

Compliance procedure.

(a) FEMA may enforce the Act and
this regulation through:
(1) Termination of a recipient’s Federal financial assistance from FEMA
under the program or activity involved
where the recipient has violated the
Act or this regulation. The determination of the recipient’s violation may be
made only after a recipient has had an
opportunity for a hearing on the record
before an administrative law judge.
(2) Any other means authorized by
law including but not limited to:
(i) Referral to the Department of Justice for proceedings to enforce any
rights of the United States or obligations of the recipient created by the
Act or this regulation.
(ii) Use of any requirement of or referral to any Federal, State or local
government agency that will have the
effect of correcting a violation of the
Act or this regulation.

§ 7.943 Investigation.
(a) Informal investigation. (1) FEMA
will investigate complaints that are
unresolved after mediation or are reopened because of a violation of a mediation agreement.
(2) As part of the initial investigation, FEMA will use informal fact finding methods, including joint or separate discussion with the complainant
and recipient, to establish the facts
and, if possible, settle the complaint on
terms that are mutually agreeable to
the parties. FEMA may seek the assistance of any involved state program
agency.
(3) FEMA will put any agreement in
writing and have it signed by the parties and an authorized official at
FEMA.

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§ 7.946

44 CFR Ch. I (10–1–00 Edition)

(b) FEMA will limit any termination
under § 7.945(a)(1) to the particular recipient and particular program or activity or part of such program and activity FEMA finds in violation of this
regulation. FEMA will not base any
part of a termination on a finding with
respect to any program or activity of
the recipient which does not receive
Federal financial assistance from
FEMA.
(c) FEMA will take no action under
paragraph (a) until:
(1) The Director has advised the recipient of its failure to comply with
the Act and this regulation and has determined that voluntary compliance
cannot be obtained.
(2) Thirty days have elapsed after the
Director has sent a written report of
the circumstances and grounds of the
action to the committees of the Congress having legislative jurisdiction
over the Federal program or activity
involved. The Director will file a report
whenever any action is taken under
paragraph (a).
(d) FEMA also may defer granting
new Federal financial assistance from
FEMA to a recipient when a hearing
under § 7.945(a)(1) is initiated.
(1) New Federal financial assistance
from FEMA includes all assistance for
which FEMA requires an application or
approval, including renewal or continuation of existing activities, or authorization of new activities, during the deferral period. New Federal financial assistance from FEMA does not include
increases in funding as a result of
changed
computation
of
formula
awards or assistance approved prior to
the beginning of a hearing under
§ 7.945(a)(1).
(2) FEMA will not begin a deferral
until the recipient has received a notice of an opportunity for a hearing
under § 7.945(a)(1). FEMA will not continue a deferral for more than 60 days
unless a hearing has begun within that
time or the time for beginning the
hearing has been extended by mutual
consent of the recipient for more than
30 days after the close of the hearing,
unless the hearing results in a finding
against the recipient.
(3) FEMA will limit any deferral to
the particular recipient and particular
program or activity or part of such

program or activity FEMA finds in violation of this regulation. FEMA will
not base any part of a deferral on a
finding with respect to any program or
activity of the recipient which does not
and would not, in connection with new
funds, receive Federal financial assistance from FEMA.
§ 7.946 Hearings, decisions, post-termination proceedings.
Certain FEMA procedural provisions
applicable to title VI of the Civil
Rights Act of 1964 apply to FEMA enforcement of this regulation. They are
found at 44 CFR 7.10 through 7.16.
§ 7.947 Remedial action by recipient.
Where FEMA finds a recipient has
discriminated on the basis of age, the
recipient shall take any remedial action that FEMA may require to overcome the effects of the discrimination.
If another recipient exercises control
over the recipient that had discriminated, FEMA may require both recipients to take remedial action.
§ 7.948 Alternate funds disbursal procedure.
(a) When FEMA withholds funds from
recipient under this regulation, the Director may, if allowable under the statute governing the assistance, disburse
the withheld funds directly to an alternate recipient: Any public or nonprofit
private organization or agency, or
State or political subdivision of the
State.
(b) The Director will require any alternate recipient to demonstrate:
(1) The ability to comply with this
regulation; and
(2) The ability to achieve the goals of
the Federal statute authorizing the
program or activity.
§ 7.949 Exhaustion of administrative
remedies.
(a) A complainant may file a civil action following the exhaustion of administrative remedies under the Act. Administrative remedies are exhausted if:
(1) 180 days have elapsed since the
complainant filed the complaint and
FEMA had made no finding with regard
to the complaint; or
(2) FEMA issues any finding in favor
of the recipient.

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Federal Emergency Management Agency
(b) If FEMA fails to make a finding
within 180 days or issues a finding in
favor of the recipient, FEMA shall:
(1) Promptly advise the complainant
in writing of this fact; and
(2) Advise the complainant of his or
her right to bring a civil action for injunctive relief; and
(3) Inform the complainant:
(i) That the complainant may bring a
civil action only in a United States
District Court for the district in which
the recipient is located or transacts
business;
(ii) That a complainant prevailing in
a civil action has the right to be
awarded the costs of the action, including reasonable attorney’s fees, but that
the complainant must demand these
costs in the complaint at the time it is
filed.
(iii) That before commencing the action, the complainant shall give 30
days notice by registered mail to the
Director, the Attorney General of the
United States, and the recipient;
(iv) That the notice must state: The
alleged violation of the Act; the relief
requested; the court in which the complainant is bringing the action; and
whether or not attorney’s fees are demanded in the event the complainant
prevails; and
(v) That the complainant may not
bring an action if the same alleged violation of the Act by the same recipient
is the subject of a pending action in
any court (Federal or State) of the
United States.

§ 8.2

tions affect members of the public,
these policies are to be published in the
FEDERAL REGISTER.
(b) This regulation provides public
notification of the FEMA procedures
for processing requests for the mandatory review of classified information
pursuant to section 3.4(d) of E.O. 12356.
[49 FR 24518, June 14, 1984, as amended at 49
FR 38119, Sept. 27, 1984; 50 FR 40006, Oct. 1,
1985]

§ 8.2 Original classification authority.
(a) The Director, Federal Emergency
Management Agency (FEMA), has the
authority to classify information originally as TOP SECRET, as designated
by the President in the FEDERAL REGISTER, Vol 47, No. 91, May 11, 1982, in
accordance with section 1.2(a)(2), E.O.
12356.
(b) In accordance with section
1.2(d)(2), E.O. 12356, the following positions have been delegated ORIGINAL
TOP SECRET CLASSIFICATION AUTHORITY by the Director, FEMA:
(1) DEPUTY DIRECTOR, FEMA
(2) ASSOCIATE DIRECTOR, NATIONAL
PREPAREDNESS
DIRECTORATE
(3) DIRECTOR, OFFICE OF SECURITY
(c) The positions delegated original
Top Secret Classification Authority in
paragraph (b) of this section, are also
delegated Original Secret and Confidential Classification Authority by
virtue of this delegation. The following
positions have been delegated Original
Secret and Original Confidential Classification Authority:
(1) Associate Director, State and
Local Programs and Support.
(2) Regional Directors.
Any further delegation of original classification authority, for any classification level, will be accomplished only by
the Director of the Federal Emergency
Management Agency.
(d) The positions delegated ORIGINAL TOP SECRET CLASSIFICATION
AUTHORITY in paragraph (b) of this
section, are also delegated ORIGINAL
SECRET and CONFIDENTIAL CLASSIFICATION AUTHORITY by virtue of
this delegation. The positions delegated ORIGINAL SECRET CLASSIFICATION AUTHORITY in paragraph
(c) of this section, are also delegated

PART 8—NATIONAL SECURITY
INFORMATION
Sec.
8.1 Purpose.
8.2 Original classification authority.
8.3 Senior FEMA official responsible for the
information security program.
8.4 Mandatory declassification review procedures.
AUTHORITY: Reorganization Plan No. 3 of
1978, E.O. 12148 and E.O. 12356.

§ 8.1 Purpose.
(a) Section 5.3(b) of Executive Order
(EO) 12356, ‘‘National Security Information’’ requires agencies to promulgate implementing policies and regulations. To the extent that these regula-

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