Okay I keep harping on the FEMA Adminstrator's real power stemming from money (i.e. disaster grants) and information. But still unamended last time I checked is the following statutory language from Title VI of the Stafford Act:
"42 U.S.C. Section 5196 :
Federal Emergency Response Plans and Programs. The Director may prepare Federal response plans and programs for the emergency preparedness of the United States and sponsor and direct such plans and programs. To prepare such plans and programs and coordinate such plans and programs with State efforts, the Director may request such reports on State plans and operations for emergency preparedness as may be necessary to keep the President, Congress, and the States advised of the status of emergency preparedness in the United States.
Delegation of Emergency Preparedness Responsibilities. With the approval of the President, the Director may delegate to other departments and agencies of the Federal government appropriate emergency preparedness responsibilities and review and coordinate the emergency preparedness activities of the departments and agencies with each other and with the activities of the States and neighboring countries."
The above assignment is directly vested in the Administrator FEMA [note the statute's use of the term "Director" has yet to be amended] and does not have to rely on delegation from the President or Secretary DHS. So hoping that W. Craig Fugate upholds his oath to faithfully execute the laws of the U.S.