AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c) and sec. 101(f), 100 Stat. 1783345; 40 U.S.C. 751(f).

SOURCE: FIRMR Amdt. 1, 50 FR 4329, Jan. 30, 1985, unless otherwise noted.

§ 201-1.000 Scope of part.

This part sets forth basic policies and general information about the Federal Information Resources Management Regulations System (FIRMR system). The purpose, authority, applicability, issuance and maintenance of the FIRMR system are addressed. Other subjects under the FIRMR system include agency compliance, implementation, supplementation, deviation and contracting rules. Agency and public participation in the FIRMR system rulemaking process is also covered.

§ 201-1.000-1 Information resources management.1

(a) "Information resources management (IRM)" is a concept for integrating and focusing a variety of activities on managing information throughout the life cycle (from collection or creation through final disposal), and in each segment of it in furtherance of program and agency objectives. It involves managing data and information in such a way that program and agency managers are able to obtain and use information efficiently, effectively, and economically.

(b) To date there is no universally agreed to definition of IRM. A single definition of IRM would be considered too restrictive by some groups, and too broad by others.

(c) Under the Paperwork Reduction Act of 1980, Pub. L. 96–511 [44 U.S.C. 3506(c)], agency information management activities include “* * * planning, budgeting, organizing, directing, training, promoting, controlling, and other managerial activities involving the collection, use, and dissemination of information * *". The Office of Management and Budget has broad Gov

1 For temporary regulations affecting §201-1.000-1, see Temp. Reg. 13 in the appendix to this chapter.

ernment-wide authorities and functions [44 U.S.C. 3504] for accomplishing all purposes of the Act.

(d) The FIRMR is limited to Government-wide regulations governing agency information activities regarding the management, acquisition, and use of certain automatic data processing, records, and telecommunications resources under the authorities cited (see § 201-1.102).

Subpart 201-1.1—Purpose, Authority, Applicability, and Issuance

§ 201-1.101 Purpose.

(a) The FIRMR system is established to publish and codify uniform policies and procedures pertaining to information

resources activities by Federal or executive agencies (as applicable), and by Government contractors as directed by agencies. (See § 201-1.103.)

(b) The FIRMR system consists of the Federal Information Resources Management

Regulation (FIRMR), which is the primary document, and agency regulations that implement or supplement the FIRMR. The FIRMR includes policies and procedures for administering and maintaining the FIRMR system.

(c) FIRMR temporary regulations shall have a limited effectivity period. These are authorized for publication when time or exceptional circumstances does not permit the full participation by agencies or the public before promulgation of an amendment for codification in the Code of Federal Regulations (CFR). These temporary regulations will be codified or cancelled by the designated expiration date. FIRMR temporary regulations have the same force and effect as codified material.

§ 201-1.101-1 Relationship to other Government-wide regulations.

Federal Acquisition Regulation (FAR). The FAR (48 CFR Chapter 1) contains general acquisition regulations. Acquisition portions of the FIRMR are the special category of procurement and contracting regulations to be used in conjunction with the FAR. Contracting for certain automatic data processing and telecom

munications resources shall be accomplished in accordance with the FAR and the FIRMR. (See also Subpart 201-1.6.)

[FIRMR Amdt. 1, 50 FR 4329, Jan. 30, 1985, as amended by Amdt. 12, 53 FR 24722, June 30, 1988]

§ 201-1.101-2 Additional FIRMR publications.

(a) The General Services Administration (GSA) will issue from time to time subsidiary nonregulatory publications to provide guidance and information.

(b) The FIRMR bulletin series addresses specific information resources areas that benefit from broad dissemination. FIRMR bulletins are published as Appendix B, and an Index of Current Issuances as Appendix C. Both are published in the looseleaf edition only.

(c) FIRMR handbooks and reports address specific program or technical areas where the audience generally will be defined by the subject matter. Procedural implementation of regulatory material uses the handbook format. General distribution of handbooks and reports is not generally made. FIRMR bulletins announce their availability. Appendix C of the looseleaf edition of the FIRMR contains a listing of current handbooks and reports.

[FIRMR Amdt. 1, 50 FR 4329, Jan. 30, 1985, as amended by Amdt. 12, 53 FR 24722, June 30, 1988]

§ 201-1.102 Authority.

(a) The FIRMR is prepared, issued, and maintained, and the FIRMR system is prescribed, by the Administrator of General Services under the Federal Property and Administrative Services Act of 1949, Pub. L. 152, 81st Congress (63 Stat. 377), as amended (the "Property Act"), particularly section 205(c) (40 U.S.C. 486(c)), and other authorities cited.

(b) "Property Act" authorities addressed in the FIRMR include

(1) Section 110 (40 U.S.C. 757) regarding the Federal Telecommunications Fund, a revolving fund which is available without fiscal year limitation;

(2) Section 111 (40 U.S.C. 759) regarding automatic data processing (ADP) resources acquisition and management, including exclusive procurement authority, the ADP Fund (a revolving fund which is available without fiscal year limitation), and relations between GSA, the agencies, and the Office of Management and Budget (OMB);

(3) Section 201 (40 U.S.C. 481) regarding procurement and related property management activities, including multiyear contracting authority for and exchange/

telecommunications sale authority;

(4) Section 203 (40 U.S.C. 484) regarding property disposal;

(5) Section 206 (40 U.S.C. 487) regarding implementation of Federal standards;

(6) Title III (41 U.S.C. 251 et seq.) regarding procurement procedure; and

(7) Section 602(c) regarding relationship of "Property Act" authority to other statutory authority.

(c) Other authorities addressed in the FIRMR include

(1) Section 7 of the Act of June 14, 1946 (40 U.S.C. 295), as amended, regarding telecommunications.

(2) Pub. L. 90-620 (44 U.S.C. 29012910, Chapter 29 and 44 U.S.C. 31013107, Chapter 31), as amended, regarding records management.

(3) Pub. L. 96-511 (44 U.S.C. 3501 et seq.), Paperwork Reduction Act of 1980, particularly section 3504 regarding records management, section 3513 regarding selective triennial review of agency information management activities, and section 3505 regarding development of a five-year plan for meeting the ADP and telecommunications needs of the Federal Government.

(4) Pub. L. 98-369, The Competition in Contracting Act of 1984.

(5) Pub. L. 98-577, The Small Business and Federal Procurement Competition Enhancement Act of 1984.

(6) Pub. L. 99-506 (29 U.S.C. 794d), the Rehabilitation Act Amendments of 1986 regarding electronic office equipment accessibility.

(7) Pub. L. 100-542, The Telecommunications Accessibility Enhancement Act of 1988 (40 U.S.C. 762) regarding telecommunications system

accessibility for hearing and speech impaired individuals.

[FIRMR Amdt. 1, 50 FR 4329, Jan. 30, 1985, as amended by FIRMR Amdt. 4, 50 FR 27144, July 1, 1985; FIRMR Amdt. 14, 53 FR 40067, Oct. 13, 1988; FIRMR Interim Rule 3, 54 FR 42303, Oct. 16, 1989]

§ 201-1.102-1 [Reserved]

§201-1.102-2

Other related authorities. (a) Presidential directives addressed in the FIRMR include

(1) Presidential letter of July 1, 1949 (14 FR 3699; 3 CFR) issued pursuant to section 205(a) regarding exercise of Property Act authorities; and

(2) Executive Order 12472 of April 3, 1984 (49 FR 13471, April 5, 1984) regarding national security and emergency preparedness telecommunications functions (superseding Presidential memorandum of August 21, 1963 (28 FR 9413; 3 CFR)).

(b) The FIRMR, as well as agency regulations and implementations, are subject to the OMB oversight as provided by

(1) The "Property Act";

(2) The Paperwork Reduction Act of 1980, including section 3506(c)(4) regarding agency accountability and section 3518(d) regarding authority relationships; and

(3) The Office of Federal Procurement Policy Act of 1974, Pub. L. 93400 (41 U.S.C. 401 et seq.), as amended, including section 6(h) (41 U.S.C. 405(h)) regarding authority relationships, section 16(3) (41 U.S.C. 414) regarding agency responsibilities, section 18 (41 U.S.C. 416) regarding procurement notices, and section 22 (41 U.S.C. 418b) regarding publication of proposed regulations.

(c) The authority conferred upon the Administrator of General Services (and the Secretary of Commerce) by Pub. L. 89-306 (40 U.S.C. 759) concerning ADP resources will be exercised subject to direction by the President and to fiscal and policy control exercised by OMB. Authority so conferred upon the Administrator shall not be construed as to impair or interfere with the determination by agencies of their individual ADP resources requirements, including the development of specifications for and the se