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NARA | RIN: 3095-AB16 | Publication ID: Spring 2003 |
Title: Federal Records Management | |
Abstract: As part of its initiative to redesign Federal records management, NARA is reviewing its records management regulations in 36 CFR ch. XII, subchapter B to ensure that the regulations are appropriate, effective, and clear. Where needed, we intend to develop updated regulations. | |
Agency: National Archives and Records Administration(NARA) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Prerule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 36 CFR 1201 | |
Legal Authority: 44 USC 2104(a) 44 USC ch 21 44 USC ch 29 44 USC ch 33 |
Legal Deadline:
None |
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Statement of Need: NARA's records management program was developed in the 20th century in a paper environment. This program has not kept up with a Federal Government that creates and uses most of its records electronically. Today?s Federal records environment requires different management strategies and techniques. The revision of NARA's records disposition policies, processes, and tools is identified in our Strategic Plan as a key Strategy to meet the primary goal that "essential evidence will be created, identified, appropriately scheduled, and managed for as long as needed." Without effective records management, records needed to document citizens rights, actions for which Federal officials are responsible, and the historical experience of our Nation will be at risk of loss, deterioration, or destruction. |
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Summary of the Legal Basis: Under the Federal Records Act, the Archivist of the United States is responsible for: 1)providing guidance and assistance to Federal agencies to ensure adequate and proper documentation of the policies and transactions of the Federal Government and ensuring proper records disposition (44 U.S.C. 2904); 2) approving the disposition of Federal records (44 U.S.C. ch. 33); and 3) preserving and making available the Federal records of continuing value that have been transferred to the National Archives of the United States (44 U.S.C. ch. 21). The Federal Records Act also makes the heads of Federal agencies responsible for making and preserving records containing adequate and proper documentation of the organization, functions, policies, decisions procedures, and essential transactions of the agency and designed to furnish the information necessary to protect the legal and financial rights of the Government and of persons directly affected by the agency's activities (44 U.S.C. 3101). Agency heads must also have an active, continuing records management program (44 U.S.C. 3102). |
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Alternatives: None. |
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Anticipated Costs and Benefits: The revision of NARA's records disposition policies and processes, of which this regulation review is a part, is intended to reduce the burden on agencies and NARA in the area of records disposition activities. |
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Risks: None. |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: Yes | |
Agency Contact: Nancy Allard Regulatory Contact National Archives and Records Administration Room 4100, NPOL, 8601 Adelphi Road, College Park, MD 20740-6001 Phone:301 837-1477 Fax:301 837-0319 Email: nancy.allard@nara.gov |