NARA Issues Proposed Rule on Access to Federal Records in Lawsuits

The National Archives and Records Administration (NARA) is proposing to revise its regulations relating to demands for records or testimony in legal proceedings. The rule is intended to facilitate access to records in NARA’s custody, centralize agency decision-making in response to demands for records or testimony, minimize the disruption of official duties in complying with demands, maintain agency control over the release of agency information, and protect the interests of the United States.

The proposed rule affects parties to lawsuits and their counsel. This rule also applies certain restrictions to testimony by NARA employees in legal proceedings. These restrictions apply whether or not the United States is a party to the proceeding.

The deadline for submitting comments on the proposed rule is January 15, 2008. You can find information about how and where to submit comments in the Federal Register notice in the November 16, 2007 edition.