Faqs (FAQ) about NARA’s Digitization Regulation

That which was the amendment to your digitization legislation?

On April 10, 2019, NARA published an improvement to the Electronic Records Management legislation (last guideline) in 36 CFR Chapter XII, Subchapter B, component 1236 by the addition of an innovative new Subpart D – Digitizing Temporary Federal Records. The amended regulation is available at effective at the time of might 10, 2019.

Subpart D applies to records that are temporary no matter structure. The legislation will not yet address digitization and disposition procedures for permanent documents.

Exactly why is NARA issuing a regulation on digitizing documents?

In 2014, the Federal Records Act, 44 U.S.C. § 3302, ended up being amended by Public Law 113-87 and needed NARA to promulgate laws developing “standards for the reproduction of records by photographic, microphotographic, or digital procedures having a view towards the disposal of this initial documents.” The law required NARA to develop standards for digitizing records in a regulation so that agencies can destroy original source records in other words.

May agencies destroy short-term initial source documents that they will have digitized?

If agencies validate they digitized temporary documents based on the requirements in this legislation, they might destroy the initial source documents pursuant to a proper NARA-approved disposition authority.

Just how do agencies validate they have digitized short-term records based on this regulation’s criteria?

Agencies may develop or follow their very own validation procedure. But, the method must add an approach for checking that the digitized variations of temporary documents capture all information within the initial supply documents, including most of the pages or any other sources (such as for example envelopes, cards, or gluey records), and that the agency may use the digitized variations for similar purposes while the initial supply documents, like the power to verify deals and tasks.

Agencies must report the validation procedure they utilize and retain that paperwork for the full lifetime associated with validation procedure or even the life of any documents digitized using that validation procedure, whichever is longer. More info in regards to the GRS authority for disposition associated with validation procedure records is likely to be forthcoming.

Agencies need not look for NARA approval as an element of their validation procedure. NARA may review validation documents as required.

Exactly What disposition authority pertains to temporary initial supply documents?

The short-term initial supply documents remain Federal documents. Agencies must utilize a disposition that is approved to destroy them once digitized. The initial supply documents become intermediary records in the event that agency elects to help make the digitized variation the formal recordkeeping content. Agencies might use the General reports Schedule (GRS) 5.2, Item 20, Intermediary Records or a present, NARA-approved agency-specific documents schedule that covers the documents once digitized.

Imagine if the digitization processes found in the last for short-term documents try not to meet up with the criteria released into the legislation? Will agencies need to re-digitize the initial supply documents?

Agencies may prefer to assess previous digitization work in the event that agency’s previous digitization criteria aren’t generally speaking compliant utilizing the legislation. In these instances, agencies will probably have to wthhold the source that is original once the recordkeeping copy for the planned retention period, or they could elect to re-digitize.

Do agencies need to submit notices of unauthorized disposal for destruction of short-term initial supply documents that had been digitized and disposed of just before this legislation upgrade?

Then agencies do not have to submit an unauthorized disposal notification if temporary original source records were digitized and disposed of in accordance with a valid records schedule (agency-specific or GRS) prior to this regulation update.

Will NARA upgrade the GRS for initial supply documents which were digitized?

Yes, when NARA posts the upgrade for digitizing records that are permanent we are going to update GRS 5.2 to ensure all documents connected with digitization jobs are expressly covered.

Whenever will NARA offer a regulation with standards for digitizing permanent records?

We’re developing another Subpart to the legislation with standards for digitizing and validating permanent records, and certainly will publish it as a proposed guideline for interagency and review that is public then as last guideline.

May agencies destroy permanent initial supply documents they have digitized?

NARA recommends against losing permanent initial supply documents after digitizing until we publish standards for digitizing permanent records being a guideline. Agencies should talk to their basic counsel regarding the dangers of destroying the permanent original supply documents ahead of the guideline is last. In particular, there is certainly a danger that the disposal of initial supply documents could possibly be at the mercy of legal challenge absent an applicable NARA regulation. (See Robinson v. McDonald, 28 Vet. App. 178, 187 (No. 15-0715, 2016)). NARA’s workplace of General Counsel is present to meet up with an agency’s basic counsel and staff to advise further on the problem.

How can news basic notifications relate with permanent documents?

This year, NARA established an ongoing process in which agencies could inform us which they had been planning to digitize permanent documents and sooner or later move digitized variations to NARA. The news basic notification concept and operations are contained in NARA Bulletin 2010-04. The Bulletin also provides help with getting rid of initial supply documents after doing the notification procedure.

Will NARA continue steadily to accept media neutral notifications?

Yes, NARA continues to accept news notifications that are neutral permanent documents. Please speak to your agency’s NARA assessment archivist with certain concerns.

Will NARA continue steadily to accept proposed schedules seniorpeoplemeet review for digitized records that are permanent?

Yes, if NARA receives an agency-specific documents routine that proposes losing permanent initial supply documents after digitization, we shall register the submitted schedule and commence the review and approval process. Nevertheless, we are going to advise the agency that the routine is not authorized by the Archivist for the united states of america until we publish the legislation for digitizing records that are permanent.

Will NARA accept transfers of digitized permanent documents?

Yes, NARA is accepting transfers of digitized permanent documents. A company may start the transfer procedure in ERA should they:

  • have finished the news basic notification procedure with NARA as soon as the initial supply record had been the recordkeeping content; or
  • have valid routine that declares the electronic record due to the fact copy that is recordkeeping.

In either instance, we possibly may further check with the agency concerning the transfer.

Whom should agencies contact for more information?

For questions regarding the digitization criteria or documents administration issues, be sure to contact acps@nara.gov. For questions regarding the legislation procedure, please contact Kimberly Keravuori at regulation_comments@nara.gov or 301-837-3151.

This site ended up being final evaluated on April 12, 2019. Call us with concerns or remarks.