View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

NARA RIN: 3095-AB16 Publication ID: Fall 2008 
Title: Federal Records Management 
Abstract: As part of its initiative to redesign Federal records management, NARA is revising its records management regulations in 36 CFR ch. XII, subchapter B to ensure that the regulations are appropriate, effective, and clear. 
Agency: National Archives and Records Administration(NARA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 36 CFR 1220 to 1238   
Legal Authority: 44 USC 2104(a)    44 USC ch 21    44 USC ch 29    44 USC ch 33   
Legal Deadline:  None

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 necessary to meet a strategic goal identified in our Strategic Plan: "As the nation's record keeper, we will ensure the continuity and effective operation of Federal programs by expanding our leadership and services in managing the Government's records." Effective records management ensures: That records are created and managed for agencies' business needs; protection of citizens' rights; accountability; and the ability to preserve and make available records of archival value.

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 USC 2904); 2) approving the disposition of Federal records (44 USC 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 USC 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 USC 3101). Agency heads must also have an active, continuing records management program (44 USC 3102).

Alternatives: None.

Anticipated Costs and Benefits: The revision of NARA's records disposition policies and processes is intended to reduce the burden on agencies and NARA in the area of records management and disposition activities.

Risks: None.

Timetable:
Action Date FR Cite
Begin Review  09/17/2002    
ANPRM  03/15/2004  69 FR 12100   
ANPRM Comment Period End  05/14/2004    
NPRM  08/04/2008  73 FR 45274   
NPRM Comment Period End  10/03/2008    
Final Action  01/00/2009    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.archives.gov/records-mgmt/initiatives/rm-redesign-project.html   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Related RINs: Related to 3095-AB05, Related to 3095-AB41, Related to 3095-AB43, Related to 3095-AB39 
Agency Contact:
Laura McCarthy
National Archives and Records Administration
8601 Adelphi Road,
College Park, MD 20740
Phone:301 837-3023
Email: laura.mccarthy@nara.gov

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