Information on Regulations for
Federal Records Facilities
On October 1, 2009, new regulations for storage facilities which contain Federal records will take effect. Codified in 36 CFR 1234, the "2009 Regulations" outline requirements for all Federal records storage facilities, including NARA-operated Federal Records Centers, agency-operated storage facilities, and commercial facilities.
For the better part of the last decade, the National Archives and Records Administration (NARA) has been making significant infrastructure investments in its Federal Records Centers (FRCs) to ensure that FRC facilities meet these new, stringent regulations. NARA's Federal Records Centers are committed to ensuring that the records of its agency customers are in compliant space and well protected from all threats while in FRC custody.
Federal agencies are responsible for ensuring that their records are stored in appropriate space. If your agency's current storage conditions are not in compliance, then your agency is responsible for initiating action to remove records from space that does not meet the 2009 Regulations.
Did you know?
Records Center is defined in 44 U.S.C. 2901(6) as any "establishment maintained and operated by the Archivist or by another Federal agency primarily for the storage, servicing, security, and processing of records which need to be preserved for varying periods of time and need not be retained in office equipment or space." The new 2009 Regulations apply to ALL records centers, regardless of size, and include such spaces as onsite agency record filing and processing rooms.
- If your agency stores records in a NARA Federal Records Center, it is NARA's responsibility to make sure the facility meets the 2009 Regulations.
- If your agency stores records in an agency-operated records center, then the agency records officer is responsible for making sure the facility meets the 2009 Regulations.
- Your agency must obtain approval from NARA's Space and Security Management Division to establish or to relocate an agency records center (or prior to using an agency records center operated by another agency).
- NARA will review documentation submitted by the agency to verify that the agency-operated facility meets the requirements of Subpart K.
- If your agency stores records at a commercial records center, then the agency records officer is responsible for making sure the facility meets the 2009 Regulations. Your agency must submit documentation to NARA that verifies that the facility meets the Regulations. Acceptable documentation required to verify compliance with the Regulations includes:
- A copy of the agency's contract with the commercial records storage facility incorporating the 2009 Regulations.
- A statement from the agency's records officer certifying that the facility meets the 2009 Regulations.