That which was the amendment towards the digitization legislation?

On April 10, 2019, NARA published a change to the Electronic Records Management legislation (last guideline) in 36 CFR Chapter XII, Subchapter B, component 1236 with the addition of a new Subpart D – Digitizing Temporary Federal Records. The amended legislation can be obtained at effective at the time of might 10, 2019.

Subpart D applies to records that are temporary irrespective of structure. The legislation will not address digitization and yet disposition processes 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 required NARA to promulgate laws establishing “standards for the reproduction of documents by photographic, microphotographic, or electronic procedures having a view to your disposal associated with initial documents.” Simply put, the law needed NARA to produce standards for digitizing records in a legislation to make certain that agencies can destroy initial supply documents.

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

If agencies validate that they digitized short-term documents in line with the criteria in this legislation, they could destroy the first source documents pursuant to a proper NARA-approved disposition authority.

Just how can agencies validate they’ve digitized short-term records in accordance with this regulation’s requirements?

Agencies may develop or follow their very own validation procedure. Nonetheless, the procedure must add an approach for checking that the digitized variations of short-term documents capture all information included in the source that is original, including all of the pages or any other sources (such as for instance envelopes, cards, or gluey records), and therefore the agency may use the digitized variations for similar purposes while the initial supply records, like the power to confirm deals and tasks.

Agencies must report the validation procedure they utilize and retain that documents for the lifetime of the validation procedure or the lifetime of any documents digitized using that validation procedure, whichever is longer. More information in regards to the GRS authority for disposition associated with the validation procedure documents may be forthcoming.

Agencies need not look for NARA approval included in their validation procedure. NARA may review validation documents as required.

Just just just What disposition authority relates to short-term source that is original?

The short-term source that is original remain Federal documents. Agencies must make use of a disposition that is approved to destroy them once digitized. The original supply documents become intermediary documents in the event that agency elects to help make the digitized version the recordkeeping copy that is official. Agencies could use the General reports Schedule (GRS) 5.2, Item 20, Intermediary Records or an ongoing, NARA-approved agency-specific records schedule that covers the documents once digitized.

Let’s say the digitization processes found in the last for short-term documents try not to meet with the requirements granted into the legislation? Will agencies need to re-digitize the source that is original?

Agencies may prefer to evaluate digitization that is prior in the event that agency’s previous digitization requirements aren’t generally speaking compliant using the legislation. In these instances, agencies will probably have to wthhold the source that is original whilst the recordkeeping copy for the planned retention duration, or they might decide 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 prior to 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 update the GRS for initial supply documents which have been digitized?

Yes, when NARA posts the change for digitizing records that are permanent we’ll upgrade GRS 5.2 to ensure all documents related to digitization tasks are expressly covered.

Whenever will NARA supply a legislation with standards for digitizing permanent records?

We’re developing another Subpart for this legislation with standards for digitizing and validating permanent documents, and can publish it as a proposed guideline for interagency and general public review and then as last guideline.

May agencies destroy permanent initial source documents these have digitized?

NARA recommends against getting rid of permanent source that is original after digitizing until we publish standards for digitizing permanent records being a mail order wife rule. Agencies should talk to their basic counsel in the dangers of destroying the permanent initial supply records prior to the guideline is last. In particular, there clearly was a danger that the disposal of initial source documents could be susceptible to challenge that is legal an applicable NARA legislation. (See Robinson v. McDonald, 28 Vet. App. 178, 187 (No. 15-0715, 2016)). NARA’s workplace of General Counsel can be obtained to meet up with an agency’s counsel that is general staff to advise further on the issue.

How can news neutral notifications relate solely to permanent documents?

This season, NARA established an activity through which agencies could inform us which they had been likely to digitize permanent records and sooner or later transfer digitized versions to NARA. The news basic notification concept and operations are found in NARA Bulletin 2010-04. The Bulletin additionally provides assistance with getting rid of initial supply documents after finishing the notification procedure.

Will NARA continue steadily to accept news notifications that are neutral?

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

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

Yes, if NARA gets an agency-specific documents routine that proposes getting rid of permanent source that is original after digitization, we are going to register the submitted schedule and start the review and approval procedure. But, we are going to advise the agency that the schedule may not be authorized by the Archivist regarding the usa 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 records that are permanent. A company may start the transfer procedure in ERA should they:

• have actually finished the news basic notification procedure with NARA once the initial supply record had been the recordkeeping content; or
• have valid routine that declares the electronic record whilst the copy that is recordkeeping.

Either in full situation, we might further check with the agency concerning the transfer.

Whom should agencies contact for extra information?

For questions about the digitization criteria or records administration problems, please contact acps@nara.gov. For questions regarding the legislation procedure, please contact Kimberly Keravuori at regulation_comments@nara.gov or 301-837-3151.

These pages ended up being final reviewed on 12, 2019 april. Call us with concerns or responses.