Freedom of Information Act (FOIA)

NARA 101, PART 6. Office of the Federal Register

ORGANIZATION

  1. Director of the Federal Register
    1. Plans, directs, and coordinates the Archivist's and Director's responsibilities to promulgate and publish Federal documents under the Federal Register Act, the Administrative Procedure Act, and under acts governing the Statutes at Large and slip laws; directs research into rule making and rule drafting procedures and provides technical assistance to executive agencies to improve their rules and procedures; directs development and application of current technology to meet the demand for more timely and accessible publications and information; develops alternative systems to publish Federal laws and regulations in a national emergency; performs duties relating to incorporation by reference as required by the Freedom of Information Act; and fulfills the responsibilities of the Archivist concerning Constitutional amendments, the Electoral College, and interstate compacts.
    2. Ensures that the “open NARA” principle of seeking input and participation from stakeholders and customers (internal and external) is actively pursued, and that the input is considered in making decisions.
    3. Participates in internal customer service councils and meetings chaired by the COO. Evaluates feedback from key subordinates and considers evaluation reports from the Government Accountability Office (GAO), NARA’s Inspector General (OIG), the Office of Management and Budget (OMB), and other relevant bodies.
    4. Participates in NARA executive teams, shaping NARA’s strategic direction and producing practical and creative high-level approaches to address related matters such as: agency-wide aligned outcomes/goals and priorities, customer- and stakeholder-focused needs and expectations, internal change management, employee satisfaction, outreach and relationship-building, “one-voice” communication, and problem resolution.
  2. Legal Affairs and Policy Division
    1. Provides legal advice to the Director and other members of the Federal Register concerning functions vested by law in the office or its Director.
    2. Conducts research and analysis of legal issues referred by the staff of the Federal Register, or by other Federal agencies, involving Federal Register publications or responsibilities.
    3. Analyzes and makes recommendations on the acceptance of material submitted for incorporation by reference in the Code of Federal Regulations (CFR).
    4. Provides liaison with counsel of other agencies on legal matters relating to publication of documents in the Federal Register system.
    5. Manages the legal affairs and policy and planning program on behalf of the Director.
  3. Publications and Services Division
    1. Compiles, analyzes, edits, and publishes Presidential documents and documents of Federal agencies in the daily Federal Register; determines whether documents received comply with statutes and regulations governing publication; and establishes dates for filing official documents and for publishing them in the Federal Register.
    2. Compiles, edits, annotates, and publishes in the CFR the general rules of Federal agencies; determines the CFR assignments for these rules, codification patterns, and the division of the CFR into units that will be most effective for publication purposes; compiles, edits, annotates, and publishes Presidential legal documents in the CFR.
    3. Prepares and publishes online user aids and search tools, and analytical subject indexes, tables of relationships between current and past rules, and analytical finding aids.
    4. Assists agencies in reorganizing, recodifying, and republishing their regulations to conform to new or revised programs; and assists new agencies in developing regulations for their programs.
    5. Assists agencies in preparing documents for publication in and reprinting from the Federal Register and the CFR; and arranges special publication formats.
    6. Develops and conducts educational workshops for users of the Federal Register system.
    7. When submitted, reviews draft Presidential proclamations and Executive orders for correct format and accuracy before the President signs them.
    8. Compiles, edits, and publishes the Public Papers of the Presidents of the United States and the Daily Compilation of Presidential Documents.
    9. Prepares and publishes analytical indexes, tables of documentary relationships, and numerical finding aids for Presidential documents and other papers.
    10. Provides information services on Presidential papers, legal documents, executive branch organization, legal authority citations, publication contents, and the status of laws and Presidential issuances.
    11. Provides access to Federal Register documents on file for public inspection and maintains the availability of reference material for public use.
    12. Analyzes, annotates, prepares the legislative history of, and publishes Acts of Congress in slip law form; determines whether laws are public or private; and assigns law numbers.
    13. Compiles, edits, annotates, and publishes the Statutes at Large.
    14. Prepares and publishes online user aids and search tools, and analytical indexes of laws, concurrent resolutions, reorganization plans, and constitutional amendments.
    15. Researches, compiles, and publishes tabular finding aids for laws, guides to the legislative history of public laws, and tables of relationships between laws and executive documents, such as Presidential orders and Federal agency rules.
    16. Analyzes, edits, and publishes documents required by the Privacy Act.
    17. Edits and publishes the U.S. Government Manual; and prepares and publishes related online user aids and search tools, and indexes, lists, and other finding aids.
    18. Provides services to public and agency customers including official subscription services, research, and responses to inquiries.
  4. Development, Digital Strategy, and Analytics Division
    1. Administers the electronic content management and publishing systems and coordinates their use by staffs and units.
    2. Provides support to Federal Register staff in the application of technology to production and the provision of customer services.
    3. Promotes digital strategies within units and new applications of technology to unit activities, and directs the testing and implementation of new technology and automated processes within Office of the Federal Register units.
    4. Serves as the central contact point with NARA and the U.S. Government Publishing Office for subject matter expertise on maintaining production using Office of the Federal Register-based computer systems and in developing and expanding their uses.
    5. Coordinates with appropriate NARA offices in the development and maintenance of analytical tools necessary to provide evidence-based decision-making relating to all Office of the Federal Register programs, to promote innovation, efficiency, and improved customer service, and leads those efforts within the Office of the Federal Register.
    6. Develops and administers the Office of the Federal Register’s external communications plan in coordination with NARA’s External Affairs Liaison, and represents the Office of the Federal Register on relevant interagency groups and initiatives.

DELEGATION OF AUTHORITIES

Authorities Delegated to the Federal Register by the Archivist

  1. Federal Register
    1. Receive and publish the Acts of Congress in accordance with the procedures prescribed by law and furnish to the Public Printer a copy of every act and joint resolution (1 U.S.C. 106a; 112; 44 U.S.C. 710, 711, 729). This authority is retained by the Director of the Federal Register and may not be redelegated.
    2. Publish amendments to the Constitution in accordance with the procedures prescribed by law (1 U.S.C. 106b). This authority is retained by the Director of the Federal Register and may not be redelegated.
    3. Receive and file for public inspection the Presidential electoral vote and the credentials of electors (3 U.S.C. 6, 11). This authority is retained by the Director of the Federal Register and may not be redelegated.
    4. Receive, file for public inspection, and publish documents prescribed by law or directed by the President to be published in the Federal Register; and publish the Code of Federal Regulations, U.S. Government Manual, Public Papers of the Presidents, Daily Compilation of Presidential Documents, and special editions of the Federal Register (44 U.S.C. 1502, 1504‑1511). This authority is retained by the Director of the Federal Register and may not be redelegated.
    5. During a national security emergency, as directed by the President, receive, file for public inspection, and publish in the Federal Register information concerning Acts of Congress, Presidential Proclamations, Executive orders, regulations, and notices of other actions (44 U.S.C. 1505; E.O. 12656; 50 U.S.C. 1621-1631). This authority is retained by the Director of the Federal Register and may not be redelegated.
    6. To the extent not otherwise addressed by the foregoing delegations, the Director of the Federal Register may administer generally 1 C.F.R., chapter 1 (Administrative Committee of the Federal Register), the related provisions of 44 U.S.C., chapter 15, including the authorities contemplated by 44 U.S.C. 1505 (1 C.F.R. 2.4). This authority is retained by the Director and may not be redelegated.
    7. Receive duplicate originals of authenticated copies of agreements or compacts between States (44 U.S.C. 2113). This authority is retained by the Federal Register and may not be redelegated.
  2. General Administration
    1. Accept and use voluntary and uncompensated personal services for NARA (44 U.S.C. 2105(d)). This authority is redelegated to unit heads and exercised in accordance with NARA directives or other policies regarding student interns and volunteers. 
    2. Solicit and accept gifts or bequests of money, securities, or other personal property, for the benefit of, or in connection with, the national archival and records activities administered by NARA (44 U.S.C. 2305). This authority is retained by the Director of the Federal Register, and may not be redelegated. This delegation of authority is subject to the requirements of NARA 404, National Archives Gift Fund.
    3. Reproduce and certify materials received in the office; charge fees and collect reimbursements for these services and deposit fees in the National Archives Trust Fund (44 U.S.C. 2116(c) and 2109). This authority is retained by the Director of the Federal Register and may not be redelegated.
    4. Accept orders from other departments, establishments, bureaus, or offices for materials, supplies, equipment, work, or service (31 U.S.C. 1535). This authority is retained by the Director of the Federal Register and may not be redelegated.
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