C.F.R. » Title 36 » CHAPTER XII—NATIONAL ARCHIVES AND RECORDS ADMINISTRATION › SUBCHAPTER B—RECORDS MANAGEMENT › PART 1222—CREATION AND MAINTENANCE OF FEDERAL RECORDS › Subpart B—Agency Recordkeeping Requirements

36 C.F.R. § 1222.22

What records are required to provide for adequate documentation of agency business?

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To meet their obligation for adequate and proper documentation, agencies must prescribe the creation and maintenance of records that:

(a) Document the persons, places, things, or matters dealt with by the agency.

(b) Facilitate action by agency officials and their successors in office.

(c) Make possible a proper scrutiny by the Congress or other duly authorized agencies of the Government.

(d) Protect the financial, legal, and other rights of the Government and of persons directly affected by the Government's actions.

(e) Document the formulation and execution of basic policies and decisions and the taking of necessary actions, including all substantive decisions and commitments reached orally (person-to-person, by telecommunications, or in conference) or electronically.

(f) Document important board, committee, or staff meetings.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 2018–2021 · leading case: Citizens for Responsibility & Ethics in Wash. v. U.S. Dep't of Homeland Sec., 387 F. Supp. 3d 33 (D.C. Cir. 2019).
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Citizens for Responsibility & Ethics in Wash. v. U.S. Dep't of Homeland Sec., 387 F. Supp. 3d 33 (D.C. Cir. 2019). · cites it 6× “Under the FRA's implementing regulations, agencies must prescribe the creation of records that "document the persons, places, things, or matters dealt with by the agency," 36 C.F.R. § 1222.22 (a), "facilitate action by agency officials and their successors in office," id.”
Citizens for Responsibility & Ethics in Wash. v. Pruitt, 319 F. Supp. 3d 252 (D.C. Cir. 2018). · cites it 3× “See 36 C.F.R. §§ 1222.22 - 1222.34. If the Archivist finds that an agency has failed to comply with its duties under the FRA, NARA must "inform [it] in writing .”
Citizens for Responsibility & Ethics in Wash. v. Wheeler, 352 F. Supp. 3d 1 (D.C. Cir. 2019). · cites it 2× “Those regulations impose a mandate to create records for "substantive decisions and commitments reached orally," 36 C.F.R. § 1222.22 (e), which Plaintiffs alleged EPA's official policy conspicuously lacked.”
Citizens for Responsibility & Ethics in Washington v. U.S. Dep't of Homeland Sec. (D.D.C. 2019). · cites it 6× “Under the FRA’s implementing regulations, agencies must prescribe the creation of records that “document the persons, places, things, or matters dealt with by the agency,” 36 C.F.R. § 1222.22 (a), “facilitate action by agency officials and their successors in office,” id.”
Citizens for Responsibility & Ethics in Washington v. U.S. Dep't of Homeland Sec. (D.D.C. 2020). · cites it 3× “Specifically, 7 Plaintiffs allege that the policies suffer from the following deficiencies in violation of FRA- implementing regulations: • The policies do not instruct officials on how to create records that satisfy the standards spelled out in 36 C.F.R. § 1222.22 , which…”
Citizens for Responsibility & Ethics in Washington v. Pruitt (D.D.C. 2019). · cites it 2× “Those regulations impose a mandate to create records for “substantive decisions and commitments reached orally,” 36 C.F.R. § 1222.22 (e), which Plaintiffs alleged EPA’s official policy conspicuously lacked.”
Citizens for Responsibility & Ethics in Washington v. Pruitt (D.D.C. 2018). “” 36 C.F.R. § 1222.22 . Defendants, through a declaration and exhibits attached to their Motion, argue that the EPA does, in fact, have such a policy.”
Ctr. for Biological Diversity v. U.S. Bureau of Land Mgmt. (D.D.C. 2021). “§§ 3101–3107, and its implementing regulations, to “[d]ocument the formulation and execution of basic policies and decisions and the taking of necessary actions, including all substantive decisions and commitments reached orally (person- to-person, by telecommunications, or in…”
Davita Inc. v. United States Dep't of Health & Human Servs. (D.D.C. 2021). “§ 3101, “[d]ocument[ing] the formulation and execution of basic policies and decisions,” 36 C.F.R. § 1222.22 (e), and to establish records schedules, subject to NARA approval, governing the maintenance and preservation of records, see id.”
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