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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.

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 is 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).

Alternatives: None.

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.

Risks: None.