[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Rules and Regulations]
[Pages 35007-35008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09396]


=======================================================================
-----------------------------------------------------------------------

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1225

[FDMS No. NARA-24-0008; NARA-2024-026]
RIN 3095-AC12


Federal Records Management: GAO Concurrence

AGENCY: National Archives and Records Administration (NARA).

ACTION: Direct rule.

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

SUMMARY: The National Archives and Records Administration (NARA) is 
amending our records management regulations to limit the role of the 
Government Accountability Office (GAO) in approving certain deviations 
in agency records schedules. Under the updated regulation, Federal 
agencies will only require GAO approval for records schedules that 
propose retention periods for accountable officer records that are 
shorter than the retention periods provided in the General Records 
Schedule (GRS). 1.1, item 010 for Accountable Officer records. GAO 
approval will no longer be required for other deviations from the GRS. 
GAO approval will also not be required for records schedules that 
dispose of program records less than three years old. GAO has concurred 
with this change.

DATES: Send comments on or before July 1, 2024.

ADDRESSES: You may submit comments on this rule, identified by RIN 
3095-AC12, by any of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: [email protected]. Include RIN 3095-AC12 in the 
subject line of the message.
    Mail (for paper, disk, or CD-ROM submissions): Send comments to 
Regulation Comments Desk (External Policy Program, Strategy & 
Performance Division (MP)); Suite 4100; National Archives and Records 
Administration; 8601 Adelphi Road; College Park, MD 20740-6001.
    Hand delivery or courier: Deliver comments to the front desk at 
8601 Adelphi Road, College Park, MD, addressed to: Regulations Comments 
Desk, External Policy Program; Suite 4100.

FOR FURTHER INFORMATION CONTACT: Edward Germino, Strategy and 
Performance Division, by email at [email protected], or by 
telephone at 301-837-3758. Contact [email protected] with any 
questions on records management standards and policy.

SUPPLEMENTARY INFORMATION:

Background

    The Federal Records Act at 44 U.S.C. 3309 requires Government 
Accountability Office approval in situations where an agency seeks to 
dispose of records pertaining to claims and demands by or against the 
Government of the United States or to accounts in which the Government 
of the United States is concerned. NARA regulations have expanded the 
statutory requirement to require approval in two situations. First, 
agencies require GAO approval to dispose of agency program records that 
are less than three years old. Second, GAO approval is needed before an 
agency disposes of records in any way that deviates from what is 
provided in former General Records Schedule (GRS) 2-10. GRS 2-10 has 
been superseded by GRS 1.1, Financial Management and Reporting Records.
    Practically, the current regulatory requirement to obtain GAO 
approval before the disposal of certain records means that agencies 
must seek GAO approval of numerous records schedules unrelated to GAO's 
mission. The required approval by GAO has created an additional burden 
on agencies requesting approval of these proposed records schedules and 
delays NARA's evaluation and approval processes.
    NARA and GAO agree that the review required by this regulation is 
no longer necessary or appropriate. GAO review of records disposals 
under this regulation was originally established to support GAO 
authority under 44 U.S.C. 3309, which provides that records related to 
claims and demands by or against the U.S. Government cannot be disposed 
of by the agency head unless they have been settled and adjusted by 
GAO. However, the General Accounting Office Act of 1996 and the 
Legislative Branch Appropriations Act of 1996 transferred the authority 
to settle accounts to the Executive Branch. However, GAO retained the 
authority to relieve accountable officers from their liability under 31 
U.S.C. 3527. Therefore, NARA is amending its records management 
regulation to only require GAO approval of records schedules that would 
provide retention periods for records of accountable officers that are 
shorter than what is authorized in the GRS.

Regulatory Analysis

Executive Order 12866, Regulatory Planning and Review, and Executive 
Order 13563 Improving Regulation and Regulation Review

    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 (to incorporate 
technological developments and to account for changing technology and 
agency practices), and is not establishing a new program. Although the 
proposed revisions change existing requirements and add new ones for 
agencies, the requirements are necessary to keep the existing 
regulations up-to-date, comply with the statute, and ensure agencies 
are preserving records for the United States.

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 alongside 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). NARA certifies, 
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 they 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 (E.O.) 13132 requires agencies to ensure that State 
and local officials have the opportunity for

[[Page 35008]]

meaningful and timely input when those agencies are 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 policymakers. 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 cause State, local, 
and Tribal governments, in the aggregate, or cause the private sector 
to expend $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 Part 1225

    Archives and records, Records management, Records schedules, 
Scheduling records.

    For the reasons discussed in the preamble, NARA amends 36 CFR part 
1225 as follows:

PART 1225--SCHEDULING RECORDS

0
1. The authority citation for part 1225 continues to read as follows:

    Authority: 44 U.S.C. 2111, 2904, 2905, 3102, and Chapter 33.


0
2. Amend Sec.  1225.20 to read as follows:


Sec.  1225.20  When do agencies have to get GAO approval for schedules?

    (a) If an agency requests a deviation from the GRS related to 
accountable officer records that would authorize a retention period 
shorter than the retention period provided in the GRS, the agency must 
obtain approval from the Comptroller General.
    (b) This approval must be obtained before NARA will approve the 
proposed agency records schedule.

Colleen J. Shogan,
Archivist of the United States.
[FR Doc. 2024-09396 Filed 4-30-24; 8:45 am]
BILLING CODE 7515-01-P