Rule2022-26450
Federal Records Management: Managing Electronic Records, Including Electronic Messages
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 12, 2022
Effective
January 11, 2023
Issuing agencies
National Archives and Records Administration
Abstract
We are amending our regulations on creating and maintaining Federal records to explicitly include record-keeping requirements for electronic records. On January 1, 2021, the Federal Records Act was amended. It now requires the Archivist of the United States to promulgate regulations governing Federal agency preservation of electronic messages that are determined to be records. We are amending our regulations to define electronic messages and to expressly state records management requirements for electronic records, including electronic messages.
Full Text
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<title>Federal Register, Volume 87 Issue 237 (Monday, December 12, 2022)</title>
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[Federal Register Volume 87, Number 237 (Monday, December 12, 2022)]
[Rules and Regulations]
[Pages 75930-75932]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26450]
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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Parts 1220 and 1222
[FDMS No. NARA-22-0020; NARA-2022-067]
RIN 3095-AC08
Federal Records Management: Managing Electronic Records,
Including Electronic Messages
AGENCY: National Archives and Records Administration (NARA).
ACTION: Final rule.
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SUMMARY: We are amending our regulations on creating and maintaining
Federal records to explicitly include record-keeping requirements for
electronic records. On January 1, 2021, the Federal Records Act was
amended. It now requires the Archivist of the United States to
promulgate regulations governing Federal agency preservation of
electronic messages that are determined to be records. We are amending
our regulations to define electronic messages and to expressly state
records management requirements for electronic records, including
electronic messages.
DATES: This rule is effective on January 11, 2023.
ADDRESSES: Regulatory and External Policy Program (MP); Suite 4100;
National Archives and Records
[[Page 75931]]
Administration; 8601 Adelphi Road; College Park, MD 20740-6001.
FOR FURTHER INFORMATION CONTACT: Edward Germino, Strategy and
Performance Division, by email at <a href="/cdn-cgi/l/email-protection#a4d6c1c3d1c8c5d0cdcbcafbc7cbc9c9c1cad0d7e4cac5d6c58ac3cbd2"><span class="__cf_email__" data-cfemail="7b091e1c0e171a0f12141524181416161e150f083b151a091a551c140d">[email protected]</span></a>, or by
telephone at 301-837-3758. Contact <a href="/cdn-cgi/l/email-protection#186a756b6c79767c796a7c6b5876796a79367f776e"><span class="__cf_email__" data-cfemail="a5d7c8d6d1c4cbc1c4d7c1d6e5cbc4d7c48bc2cad3">[email protected]</span></a> with any
questions on electronic records management.
SUPPLEMENTARY INFORMATION:
Background
On January 1, 2021, Public Law 116-283 amended the Federal Records
Act at 44 U.S.C. 2912 to require the Archivist of the United States to
promulgate regulations governing Federal agency preservation of
electronic messages that are records. The law states that the
regulations must require agencies to electronically capture, manage,
and preserve electronic message records, and must require that they can
readily access such records through electronic searches. Additionally,
the regulations should include timelines for Federal agencies to
implement the resulting regulatory requirements as expeditiously as
practicable.
We are amending 36 CFR part 1220, Federal Records; General, to
define electronic messages and incorporate them into all existing
requirements governing Federal records. We are also modifying 36 CFR
part 1222, Creation and Maintenance of Federal Records, to specifically
restate that the capture, management, and preservation of electronic
records, including electronic messages, is an essential part of a
Federal records management program.
These changes incorporate electronic messages into existing
regulations on electronic records management. The current regulations
in 36 CFR part 1236, Electronic Records Management, already state that
records management controls are needed to ensure that Federal records
in electronic information systems can provide adequate and proper
documentation of agency business for as long as the information is
needed. Part 1236 also requires agencies to ensure all records in
electronic information systems are retrievable and usable for as long
as they need the records to conduct agency business. In addition, 36
CFR 1222.22 currently specifies requirements for adequate documentation
of agency business. These existing regulations apply to all electronic
records, including electronic messages.
We are not providing agencies with a timeline for implementing
these requirements. The Archivist of the United States has previously
promulgated regulations that cover the requirements set forth in Public
Law 116-283, and agencies have been required to implement them for some
time already. These requirements are effective on the effective date of
this final rule.
Regulatory Analysis
Executive Order 12866, Regulatory Planning and Review, and Executive
Order 13563, Improving Regulation and Regulation Review
The Office of Management and Budget (OMB) has reviewed this
rulemaking and determined it is not ``significant'' under section 3(f)
of Executive Order 12866. It is not significant because it applies only
to Federal agencies, updates the regulations due to a statutory
requirement, the new requirements are being added to clarify ones that
agencies have already been required to follow, and is not establishing
a new program. The requirements are necessary to comply with statute
and to ensure agencies are appropriately preserving records.
Regulatory Flexibility Act (5 U.S.C. 601, et seq.)
This review requires an agency to prepare an initial regulatory
flexibility analysis and publish it when the agency publishes the
proposed rule. This requirement does not apply if the agency certifies
that the rulemaking will not, if promulgated, have a significant
economic impact on a substantial number of small entities (5 U.S.C.
603). We certify, after review and analysis, that this rulemaking will
not have a significant adverse economic impact on small entities.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et seq.)
requires that agencies consider the impact of paperwork and other
information collection burdens imposed on the public and, under the
provisions of PRA section 3507(d), obtain approval from OMB for each
collection of information we conduct, sponsor, or require through
regulations. This rulemaking does not impose additional information
collection requirements on the public that are subject to the Paperwork
Reduction Act.
Executive Order 13132, Federalism
Executive Order 13132 requires agencies to ensure State and local
officials have the opportunity for meaningful and timely input when
developing regulatory policies that may have a substantial, direct
effect on the states, on the relationship between the Federal
Government and the states, or on the distribution of power and
responsibilities among the various levels of government. If the effects
of the rule on State and local governments are sufficiently
substantial, the agency must prepare a Federal assessment to assist
senior policy makers. This rulemaking will not have any effects on
State and local governments within the meaning of the E.O. Therefore,
no federalism assessment is required.
Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4; 2 U.S.C. 1532)
The Unfunded Mandates Reform Act requires that agencies determine
whether any Federal mandate in the rulemaking may result in State,
local, and Tribal governments, in the aggregate, or the private sector,
expending $100 million in any one year. NARA certifies that this
rulemaking does not contain a Federal mandate that may result in such
an expenditure.
List of Subjects in 36 CFR Parts 1220 and 1222
Archives and records.
For the reasons discussed in the preamble, NARA amends 36 CFR parts
1220 and 1222 as follows:
PART 1220--FEDERAL RECORDS; GENERAL
0
1. The authority citation for part 1220 continues to read as follows:
Authority: 44 U.S.C. Chapters 21, 29, 31, and 33.
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2. In Sec. 1220.18, add a definition in alphabetical order for
``Electronic messages'' to read as follows:
Sec. 1220.18 What definitions apply to the regulations in Subchapter
B?
* * * * *
Electronic messages means electronic mail and other electronic
messaging systems that are used for purposes of communicating between
individuals. Electronic messages that satisfy the definition of a
Federal record under the Federal Records Act are electronic records.
* * * * *
PART 1222--CREATION AND MAINTENANCE OF FEDERAL RECORDS
0
3. The authority citation for part 1222 continues to read as follows:
Authority: 44 U.S.C. 2904, 3101, 3102, and 3301.
0
4. In Sec. 1222.26:
0
a. Revise the section heading;
[[Page 75932]]
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b. Redesignate the introductory text as paragraph (a) introductory
text;
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c. Redesignate paragraphs (a) through (e) as paragraphs (a)(1) through
(5); and
0
d. Add a new paragraph (b).
The revision and addition read as follows:
Sec. 1222.26 What are the general recordkeeping requirements for
agencies?
* * * * *
(b) Agencies must capture, manage, and preserve electronic records
with appropriate metadata and must be able to access and retrieve
electronic records, including electronic messages, through electronic
searches.
Debra Steidel Wall,
Acting Archivist of the United States.
[FR Doc. 2022-26450 Filed 12-9-22; 8:45 am]
BILLING CODE 7515-01-P
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</html>Indexed from Federal Register on December 12, 2022.
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