Records Management Policy and Outreach, Director

3095-AC05 202110 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 3095 National Archives and Records Administration NARA Federal Records Management: Electronic Messages Preservation

The Electronic Messages Preservation Act (EMPA) was passed as part of the January 2021 National Defense Authorization Act spending bill. (See H.R.6395 - National Defense Authorization Act for Fiscal Year 2021 Pub. L. 116-283). The EMPA amended the Federal Records Act at 44 U.S.C. 3302 to require the Archivist to promulgate regulations governing Federal agency preservation of electronic messages that are determined to be records. The law states that the regulations must require the electronic capture, management, and preservation of such electronic records, and must require that such electronic records are readily accessible for retrieval through electronic searches. NARA already has regulations at 36 CFR 1236 that include such requirements for records in electronic systems. However, we are adding the recordkeeping requirements described in the new law to 36 CFR 1222, Creation and Maintenance of Federal Records, because they are general requirements for all electronic records .

]]> Substantive, Nonsignificant First Time Published in The Unified Agenda Proposed Rule Stage No No 36 CFR 1222 Pub. L. 116-283 No Proposed Rule 01/00/2022 No No Federal No No No No Lisa Haralampus Records Management Policy and Outreach, Director 3095 National Archives and Records Administration NARA 301 837-1744 lisa.haralampus@nara.gov 8601 Adelphi Road, Room 2209, College Park MD 20740