NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

Statement of Regulatory Priorities

Overview

The National Archives and Records Administration (NARA) primarily issues regulations directed to other Federal agencies and to the public. These regulations include records management, information services, access to and use of NARA holdings, and grant programs. For example, records management regulations directed to Federal agencies concern the proper management and disposition of Federal records. Through the Information Security Oversight Office (ISOO), NARA also issues Governmentwide regulations concerning information security classification and declassification programs. NARA regulations directed to the public address access to and use of our historically valuable holdings, including archives, donated historical materials, Nixon Presidential materials, and Presidential records. NARA also issues regulations relating to the National Historical Publications and Records Commission (NHPRC) grant programs.

NARA has four regulatory priorities for fiscal year 2014, which are included in The Regulatory Plan. The first are NARA's revisions to the Federal records management regulations found at 36 CFR chapter XII, subchapter B. The National Archives and Records Administration proposes to revise the Federal records management regulations found at 36 CFR chapter XII, subchapter B. The proposed changes include changes resulting from the 2011 Presidential Memorandum on Managing Government Records and the 2012 Managing Government Records Directive (M-12-18). The proposed rules will affect Federal agencies' records management programs relating to proper records creation and maintenance, adequate documentation, use of paper-based-only recordkeeping, electronic recordkeeping requirements, use of the Electronic Records Archive (ERA) for records transfer, and records disposition. The proposed revisions have begun with changes to provisions at 36 CFR parts 1222, 1223, 1224, 1229, 1235, 1236, and 1239. Additional proposed revisions to the subchapter will be published this fiscal year as well.

The second priority is NARA's revision of its Freedom of Information Act (FOIA) regulations, clarifying the applicability of the FOIA to categories of records in NARA's accessioned holdings as well as operational records, and updating the regulations to incorporate Office of Government Services and make other changes pursuant to the Open FOIA Act of 2009, the Open Government Act of 2007, and the Electronic Freedom of Information Act Amendments of 1996 (EFOIA). The revisions also explain NARA's responsibility in answering FOIA requests, the procedures for requesting a FOIA, and the response a requester can expect for a submitted FOIA. The revisions cover 36 CFR part 1250 and the Notice of Proposed Rulemaking has been published.

NARA's third regulatory priority is the Office of the Federal Register's (OFR) Incorporation by Reference (IBR) action. On February 13, 2012, the OFR received a petition to amend regulations governing the approval of agency requests to incorporate material by reference into the Code of Federal Regulations. The OFR proposes that agencies seeking the Director's approval of their IBR requests add more information regarding IBR's materials to the preambles of their rulemaking documents.

And the fourth priority is a new regulation on Controlled Unclassified Information (CUI). The Information Security Oversight Office (ISOO), a component of NARA, is proposing this rule pursuant to Executive Order 13556. The Order establishes an open and uniform program for managing information requiring safeguarding or dissemination controls. This rule sets forth guidance to agencies on safeguarding, disseminating, marking, and decontrolling CUI, self-inspection and oversight requirements, and other facets of the program.