[Federal Register Volume 69, Number 155 (Thursday, August 12, 2004)]
[Notices]
[Pages 50042-50043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18441]



[[Page 50041]]

-----------------------------------------------------------------------

Part IV





Department of Labor





-----------------------------------------------------------------------



The Department of Labor's Records Management Program; Notice

  Federal Register / Vol. 69, No. 155 / Thursday, August 12, 2004 / 
Notices  

[[Page 50042]]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Office of the Secretary

[Secretary's Order 2-2004]


The Department of Labor's Records Management Program

1. Purpose

    To delegate authority, assign responsibility, and affirm policy for 
an internal records management program that ensures that officials and 
employees make, preserve and efficiently manage records containing 
adequate and proper documentation of the organization, functions, 
policies, decisions, procedures, and essential transactions of the 
Department, in order to furnish the information necessary to protect 
the legal and financial rights of the Government and of persons 
directly affected by the Department's activities. The Records 
Management Program is intended to assure compliance with legal 
requirements to create and maintain accurate and complete records of 
the Department's functions and activities and to ensure the authorized, 
timely, and appropriate disposition of documentary materials that are 
no longer needed to conduct business.

2. Authorities and Directives Affected

    a. Authorities. This Order is issued pursuant to the Federal 
Records Act of 1950, as amended (44 U.S.C. 21, 29, 31, 33 and 35); 29 
U.S.C. 551, et seq.; 5 U.S.C. 301; Reorganization Plan Number 6 (1950); 
the National Archives and Records Administration (NARA), Records 
Management Regulations, 36 CFR parts 1220, 1228, 1230, 1232 and 1234; 
General Services Administration (Creation, Maintenance and Use of 
Records), 41 CFR part 102-193; and the Guidance Memorandum, dated March 
19, 2002, issued jointly by the National Archives and Records 
Administration and the Department of Justice on ``Safeguarding 
Information Regarding Weapons of Mass Destruction and Other Sensitive 
Records Related to Homeland Security.''
    b. Directives Affected. This Order does not affect the authorities 
and responsibilities assigned by any other Secretary's Order, unless 
otherwise expressly so provided in this or another Order.

3. Background

    The Federal Records Act of 1950 (section 506 (b)) requires that the 
Head of each Federal agency establish and maintain an active Records 
Management Program. Records Management is an active continuing program 
for controlling the creation, maintenance, use and disposition of 
records within an organization to document and transact its business. 
The program functions and responsibilities have been performed under 
the direction of the Office of the Assistant Secretary for 
Administration and Management for many years in the absence of a formal 
Secretary's Order. Accordingly, this Order formally delegates authority 
and assigns responsibility for oversight and implementation of the 
Records Management functions of the Department.

4. Scope

    This Order is applicable Department-wide.

5. Policy

    It is the Department's policy to make and preserve records 
containing adequate and proper documentation of the organization, 
functions, policies, decisions, procedures, and essential transactions 
of the Department and designed to furnish the information necessary to 
protect the legal and financial rights of the Department and of persons 
directly affected by Departmental activities. The Department will 
effectively and efficiently manage records throughout their life cycle. 
The Department will comply with all related Federal statutes and 
regulations. All scheduled records shall be destroyed, retired, or 
transferred, only as prescribed in approved record retention schedules.
    Among other things, good recordkeeping contributes to the smooth 
operation of agency programs by making the information needed for 
decisionmaking and operations readily available. It further provides 
information useful to successor officials and staff for background and 
analysis, facilitating transitions between Administrations. It ensures 
accountability and protects records from inappropriate and unauthorized 
access and destruction.

6. Responsibility

    a. The Assistant Secretary for Administration and Management is 
delegated authority and assigned responsibility for:
    (1) Establishing, administering, and managing the Department's 
Records Management Program;
    (2) Periodically evaluating the Records Management Programs 
relating to records creation and recordkeeping requirements, 
maintenance and use of records, and records disposition. These 
evaluations shall include periodic monitoring of the staff 
determinations of the record status of documentary materials in all 
media, and implementation of these decisions, in compliance with 
National Archives and Records Administration regulations; and
    (3) Assigning a Departmental Records Officer who will manage the 
day-to-day administration and management of all matters related to the 
Department's Records Management Program. The Departmental Records 
Officer shall be responsible for all matters related to the 
Department's Records Management Program and will coordinate with the 
National Archives and Records Administration.
    b. The Solicitor of Labor is delegated authority and assigned 
responsibility for providing legal advice and counsel to the DOL 
agencies and offices on all matters arising in the administration of 
this Order.
    c. Agency Heads are delegated authority and assigned responsibility 
for:
    (1) Developing and implementing an effective Records Management 
Program within their respective organizations that is consistent with 
this Order and all applicable established requirements;
    (2) Establishing appropriate schedules for disposition of official 
records within their Agency;
    (3) Assigning an Agency Records Officer to coordinate with 
appropriate Agency officials, the management and execution of the 
Agency's Records Management Program. The Agency Records Officers will 
coordinate with the Departmental Records Officer on the submission of 
records disposition schedules related to the Agency's official records;
    (4) Notifying the Departmental Records Officer of the name, title, 
office location and telephone number of the Agency Records Officer or 
point of contact;
    (5) Ensuring that Agency staff receive adequate records management 
training and participate in Departmental as well as agency training and 
awareness activities;
    (6) Identifying and appointing personnel within the Agency who will 
perform all applicable functions and responsibilities related to 
records management; and
    (7) Ensuring that all employees and officials cooperate with the 
Agency Records Officer.

7. Reservation of Authority and Responsibility

    a. The submission of reports and recommendations to the President 
and the Congress concerning the administration of statutory or 
administrative provisions is reserved to the Secretary.

[[Page 50043]]

    b. This Secretary's Order does not affect the authorities or 
responsibilities of the Office of Inspector General under the Inspector 
General Act of 1978, as amended, or under Secretary's Order 2-90 
(January 31, 1990).

8. Effective date

    This Order is effective immediately.

    Dated: August 5, 2004.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. 04-18441 Filed 8-11-04; 8:45 am]
BILLING CODE 4510-23-P