Managing Government Records

Executive Order 13589 of November 9, 2011 (Promoting
Efficient Spending), which directed agencies to reduce
spending and focus on mission-critical functions.

When records are well-managed, agencies can use them to
assess the impact of programs, to reduce redundant
efforts, to save money, and to share knowledge within
and across their organizations. In these ways, proper
records management is the backbone of open Government.

Decades of technological advances have transformed
agency operations, creating challenges and
opportunities for agency records management. Greater
reliance on electronic communication and systems has
radically increased the volume and diversity of
information that agencies must manage. With proper
planning, technology can make these records less
burdensome to manage and easier to use and share. But
if records management policies and practices are not
updated for a digital age, the surge in information
could overwhelm agency systems, leading to higher costs
and lost records.

We must address these challenges while using the
opportunity to develop a 21st-century framework for the
management of Government records. This framework will
provide a foundation for open Government, leverage
information to improve agency performance, and reduce
unnecessary costs and burdens.

Sec. 2. Agency Commitments to Records Management
Reform. (a) The head of each agency shall:

(i) ensure that the successful implementation of records management
requirements in law, regulation, and this memorandum is a priority for
senior agency management;

(ii) ensure that proper resources are allocated to the effective
implementation of such requirements; and

(iii) within 30 days of the date of this memorandum, designate in writing
to the Archivist of the United States (Archivist), a senior agency official
to supervise the review required by subsection (b) of this section, in
coordination with the agency's Records Officer, Chief Information Officer,
and General Counsel.

(b) Within 120 days of the date of this memorandum,
each agency head shall submit a report to the Archivist
and the Director of the Office of Management and Budget
(OMB) that:

(i) describes the agency's current plans for improving or maintaining its
records management program, particularly with respect to managing
electronic records, including email and social media, deploying cloud-based
services or storage solutions, and meeting other records challenges;

(ii) identifies any provisions, or omissions, in relevant statutes,
regulations, or official NARA guidance that currently pose an obstacle to
the agency's adoption of sound, cost-effective records management policies
and practices; and

(iii) identifies policies or programs that, if included in the Records
Management Directive required by section 3 of this memorandum or adopted or
implemented by NARA, would assist the agency's efforts to improve records
management.

The reports submitted pursuant to this subsection
should supplement, and therefore need not duplicate,
information provided by agencies to NARA pursuant to
other reporting obligations.

Sec. 3. Records Management Directive. (a) Within 120
days of the deadline for reports submitted pursuant to
section 2(b) of this memorandum, the Director of OMB
and the Archivist, in coordination with the Associate
Attorney General, shall issue a Records Management
Directive that directs agency heads to take specific
steps to reform and improve records management policies
and practices within their agency. The directive shall
focus on:

(i) creating a Government-wide records management framework that is more
efficient and cost-effective;

(ii) promoting records management policies and practices that enhance the
capability of agencies to fulfill their statutory missions;

(iii) maintaining accountability through documentation of agency actions;

(iv) increasing open Government and appropriate public access to Government
records;

(v) supporting agency compliance with applicable legal requirements related
to the preservation of information relevant to litigation; and

(vi) transitioning from paper-based records management to electronic
records management where feasible.

(b) In the course of developing the directive, the
Archivist, in coordination with the Director of OMB and
the Associate Attorney General, shall review relevant
statutes, regulations, and official NARA guidance to
identify opportunities for reforms that would
facilitate improved Government-wide records management
practices, particularly with respect to electronic
records. The Archivist, in coordination with the
Director of OMB and the Associate Attorney General,
shall present to the President the results of this
review, no later than the date of the directive's
issuance, to facilitate potential updates to the laws,
regulations, and policies governing the management of
Federal records.
(c) In developing the directive, the Director of
OMB and the Archivist, in coordination with the
Associate Attorney General, shall consult with other
affected agencies, interagency groups, and public
stakeholders.

Sec. 4. General Provisions. (a) This memorandum shall
be implemented consistent with applicable law and
subject to the availability of appropriations.

(b) Nothing in this memorandum shall be construed
to impair or otherwise affect:

(i) authority granted by law to a department or agency, or the head
thereof; or

(ii) functions of the Director of OMB relating to budgetary,
administrative, or legislative proposals.

(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by

any party against the United States, its departments,
agencies, or entities, its officers, employees, or
agents, or any other person.

Sec. 5. Publication. The Archivist is hereby authorized
and directed to publish this memorandum in the Federal
Register.

THE WHITE HOUSE,

Washington, November 28, 2011