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 Government-wide 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 two regulatory priorities for fiscal year 2017, which are included in The Regulatory Plan. The first priority is a substantial revision to NARA's National Industrial Security Program (NISP) regulations at 32 CFR 2004. The NISP regulations govern release of classified information to contractors and other entities that enter agreements with the Federal Government involving access to classified information. Although we are proposing to substantially revise the regulation, the proposed revisions would effect only minor changes to the program's requirements for contractors and other entities. The proposed changes primarily include new sections setting out agency obligations in the course of implementing the program that reflect already-existing requirements for industry contained in the National Industrial Security Program Operating Manual (NISPOM), and streamline or clarify other sections of the regulation. In addition, a small portion of the proposed revisions add requirements from Executive Order 13587 to implement the insider threat program.

And the second priority this fiscal year are revisions to the Federal records management regulations found at 36 CFR Chapter XII, Subchapter B (phases I, II, and III). The proposed changes include changes resulting from the 2011 Presidential Memorandum on Managing Government Records, the 2012 Managing Government Records Directive (M-12-18), and Public Law 113-187, The Presidential and Federal Records Acts Amendments of 2014. The proposed rules will affect Federal agencies' records management programs relating to proper records creation and maintenance, adequate documentation, electronic recordkeeping requirements, use of the Electronic Records Archive (ERA) for records transfer, and records disposition.

Phase I (RIN 3095-AB74) includes changes to provisions in 36 CFR parts 1223 (Managing Essential Records), 1224 (Records Disposition Programs), 1227 (General Records Schedules), 1229 (Emergency Authorization to Destroy Records), 1232 (Transfer of Records to Records Storage Facilities), 1233 (Transfer Use and Disposition of Records in a NARA Federal Records Center), and 1239 (Program Assistance and Inspections). These regulations were published in a proposed rulemaking in March 2016 and were open for public comment through May. During the course of addressing the comments we received, we determined we need to undertake a more substantial revision, which we are focusing on this fiscal year. We anticipate publishing a new proposed rule around the end of FY 2017.

Phase II (RIN 3095-AB89) includes changes to provisions in 36 CFR parts 1235 (Transfer of Records to the National Archives of the United States), 1236 (Electronic records management), and 1237 (Audiovisual Cartographic and Related Records Management). These regulations were published in a proposed rulemaking in July 2016 and were open for public comment through September. We are currently addressing the comments we received and, similarly to Phase I, we have determined that we should do a more significant revision. As a result, we anticipate publishing a new proposed rule on these regulations in FY 2018.

Phase III (RIN 3095-AB85) includes changes to provisions in 36 CFR parts 1220 (Federal Records General), 1222 (Creation and Maintenance of Federal Records), 1225 (Scheduling records), 1226 (Implementing disposition), 1228 (Loan of Permanent and Unscheduled Records), 1230 (Unlawful or Accidental Removal, Defacing, Alteration, or Destruction of Records), 1231 (Transfer of Records from the Custody of one Executive Agency to Another), 1234 (Facility standards for records storage facilities), 1236 (Electronic Records Management), and 1238 (Microforms records management). We are currently drafting the proposed revisions to these regulations and project publication of a proposed rulemaking on these regulations after we have published new proposed rules for phases I and II.

BILLING CODE 7515-01U