View Rule

We are updating our electronic records management regulation to account for changes to 44 U.S.C. 3302, which require NARA to issue standards for digital reproductions of records with an eye toward allowing agencies to then dispose of the original source records. This rulemaking focuses on records scheduled as permanently valuable and appropriate for preservation in the National Archives of the United States. These records do not have a disposal date established in a records schedule and are permanently retained. Agencies have begun major digitization projects and will be doing more in the future. Under the statutory provisions in 44. U.S.C. 3302, agencies may not dispose of original source records due to having digitized them (without a disposal authority date established in a records schedule), unless they have digitized the records according to standards established by NARA. This rulemaking establishes those standards for permanent records so that agencies may digitize and dispose of the source records. A previous rulemaking established standards for temporary records in spring 2019 (36 CFR 1236, subpart D). In addition, we are updating our regulation on scheduling Federal records (36 CFR 1225) to incorporate more regular review and assessment of records. These changes will likely include a requirement for agencies to periodically review established records schedules to ensure they remain viable and up-to-date.