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46 cfr parts 4 and 16 Form: What You Should Know

Subpart 4.04 — Regulations Governing Use of NARA's Seal and Seal Authority (§§ 4.04-1 — 4.04-12) NARA's Official Seal and Seal Authority (48 FR 8365; 8 CFR Section 1.33(b)). Submission of Reports and Recordings as a Federal Agency's Official Records Under Section 7(3) of Executive Order 12065 (49 U.S.C. 4311(3)), no person holding or acting in an official capacity as a board, commission, or office of any Government agency or instrumentality may require another person (A) to submit a report, record, or memorandum as an official agency record to such agency or instrumentality, (B) to disclose an official agency record, or (C) to disclose the existence of an official agency record unless: “(1) the nature and legal effect of the record or information is clearly stated in the notice of proposed release, a document containing such notice, or an explanatory statement attached thereto, and (2) prior approval is furnished by a senior agency official designated by the head of the agency or instrumentality.” NARA and other U.S. Government Departments and Agencies A “record or report” includes all memoranda, notes, correspondence, records, reports, papers, papers and documents, whether paper or other materials, regardless of physical form or characteristics or the way in which they are recorded or maintained, when maintained or transmitted in whole or in part by electronic means, or such other means as the President may from time to time direct. Subsection (b), on the other hand, applies to “the origin-Neil documents published in the Federal Register (44 U.S.C. 1510).” The Federal Register (44 U.S.C. 1510). Under that authority, NARA will not certify or otherwise recognize “the origin- Neil documents published in the Federal Register (44 U.S.C. 1510).” The NARA official seal will, however, remain in place in all its forms. NARA will not remove, abridge, delay, modify, correct, amend, or invalidate the NARA official seal.

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