# Presentation: 942743

## Authorities Requiring Federal Agencies to have a Directives System*

**  ****5 United States Code (U.S.C.) Section 552, Section 1 (Public Law 89-554, September 6, 1966) of the Administrative Procedure Act, as amended.**** **
**   ****40 U.S.C. Section 486, Section 205 of the Federal Property and Administrative Services Act of 1949, as amended. **
**  ****42 U.S.C. 2473(c), Section 203(c) of the National Aeronautics and Space Act of 1958, as amended. **
**  ****41 CFR 101-11 ****Subchapter B—Management and Use Information and Records**
**_____________________________________**
*****Please note that these citations do not include the statutory authorities for the Federal management of information technology/resources such as:
- 40 U.S.C. 1401 et seq., The Clinger-Cohen Act (Section 808 of Pub. L. 104-208, renaming in pertinent part the Information Technology Management Reform Act of 1996, Division E of Pub. L. 104-106, The National Defense Authorization Act of 1996).
- 44 U.S.C. 3501 et seq., the Paperwork Reduction Act of 1995, (Pub. L. 104-13), as amended.
- *Prepared by Cynthia Washington and  Sara Najjar-Wilson.

- Mgmt. Assessment Division (JM)

- May 18, 2001

## TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

**TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES**
**PART I--THE AGENCIES GENERALLY**
**CHAPTER 5--ADMINISTRATIVE PROCEDURE**
** **
- SUBCHAPTER II--ADMINISTRATIVE PROCEDURE
- Sec. 552. Public information; agency rules, opinions, orders, records, and proceedings
- (a) Each agency shall make available to the public information as follows:
- (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public--
- (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;
- (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;
- (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
-  D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and
- (E) each amendment, revision, or repeal of the foregoing.

- Mgmt. Assessment Division (JM)

- May 18, 2001

## TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS

**TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS**
**CHAPTER 10--MANAGEMENT AND DISPOSAL OF GOVERNMENT PROPERTY**
**(Property Management)**
- Sec.  486.  Policies, regulations, and delegations
- (a)  Promulgation by President.  The President may prescribe such policies and directives, not inconsistent with the provisions of this Act, as he shall deem necessary to effectuate the provisions of this Act, which policies and directives shall govern the Administrator [of the General Services Administration] and executive agencies in carrying out their respective functions hereunder.
- (c)  Regulations by Administrator.  The Administrator shall prescribe such regulations as he deems necessary to effectuate his functions under this Act, and the head of each executive agency shall cause to be issued such orders and directives as such head deems necessary to carry out such regulations.

- Mgmt. Assessment Division (JM)

- May 18, 2001

**[Code of Federal Regulations (CFR)]**
** **
**TITLE 41—PUBIC CONTRACTS AND PROPERTY MANAGEMENT**
**CHAPTER 101—FEDERAL PROPERTY MANAGEMENT REGULATION [FPMR]***
**SUBCHAPTER B—MANAGEMENT AND USE INFORMATION AND RECORDS**
- [41 CFR 101-11]
- PART 101-11--CREATION, MAINTENANCE, AND USE OF RECORDS
- Subpart 101-11.1--Agency Programs
** **
- Sec. 101-11.103  Procedures.
- (i) (3) Provide agency managers with the means to convey written instructions to users and document agency policies and procedures through effective directives management;

- _________________________________________
- *_**GSA has proposed a change to these regulations, and when the FPMR conversion to Federal Management Regulation (FMR) is completed, the regulations would appear as follows:**_

- Mgmt. Assessment Division (JM)

- May 18, 2001

## TITLE 41—PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

**TITLE 41—PUBLIC CONTRACTS AND PROPERTY MANAGEMENT**
**CHAPTER 102—FEDERAL MANAGEMENT REGULATION**
**SUBCHAPTER G—ADMINISTRATIVE PROGRAMS**
_**  **_**  **
**[41 CFR 102-193]****
** **
**[**Background:  This proposed rule encourages Federal agencies to conduct business electronically. Part 102-193, Creation, Maintenance, and Use of Records, is being added to the FMR to provide a foundation for GSA programs that helps address problems in the management of contemporary records. Both the General Services Administration (GSA) and the National Archives Records Administration (NARA) have responsibilities for records management. This proposed rule references appropriate NARA regulations.]
- PART 102-193--CREATION, MAINTENANCE, AND USE OF RECORDS
- Sec. 102-193.25  What type of records management business process improvements should my agency strive to achieve?
- (c) Provide agency managers with the means to convey written instructions to users and document agency policies and procedures through effective directives management;
- **[See, 65 Federal Register at pages 48392, 48655 – 48657, August 8, 2000]

- Mgmt. Assessment Division (JM)

- May 18, 2001

## TITLE 42--THE PUBLIC HEALTH AND WELFARE

**TITLE 42--THE PUBLIC HEALTH AND WELFARE**
**CHAPTER 26--NATIONAL SPACE PROGRAM**
** **
- SUBCHAPTER II--COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES
- Sec. 2473. Functions of Administration
- (c) Powers of Administration in performance of its functions
-     In the performance of its functions the Administration is authorized—
-         (1) to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of its operations and the exercise of the powers vested in it by law;

- Mgmt. Assessment Division (JM)

- May 18, 2001