Understanding the New 36 CFR Digitization Requirements for Federal Agencies

Overview of 36 CFR Requirement

36 CFR 1236 part E is a set of regulations issued by the National Archives and Records Administration (NARA) that governs the management of federal records. The new requirement emphasizes the transition to a fully electronic environment for managing records, aiming to improve the accessibility, security, and sustainability of federal records.

Differences from M-19-21

M-19-21, the previous directive, set a deadline for federal agencies to manage all permanent records in an electronic format by the end of 2022. While M-19-21 focused on the digital transition, the new CFR requirements go further by establishing more detailed standards and procedures for electronic record-keeping. They stress the importance of metadata management, secure record transfer, and long-term preservation of digital records.

Areas for Compliance Evaluation

Agencies need to evaluate several areas of their records and information management programs to comply with the new CFR requirements:

1. Electronic Record-Keeping Systems: Ensuring systems meet the standards for creating, managing, and preserving electronic records.
2. Metadata Management: Implementing comprehensive metadata frameworks to enhance the organization, retrieval, and preservation of records.
3. Security and Access Controls: Strengthening measures to protect records from unauthorized access and ensuring proper access controls are in place.
4. Training and Awareness: Developing training programs to enhance staff understanding and compliance with electronic records management requirements.

Governance

The National Archives and Records Administration (NARA) is the chief regulatory authority governing the requirements of CFR. NARA provides guidance, resources, and oversight to ensure federal agencies meet the stipulated record-keeping standards.