36 C.F.R. § 1225.14

How do agencies schedule permanent records?

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(a) Identification. Identify potentially permanent records. Useful guidelines in the identification of permanent Federal records may be found in the NARA records management handbook, Disposition of Federal Records (see § 1225.12 for the Web site address of this publication).

(b) Requirements. Each item proposed for permanent retention on an SF 115 must include the following:

(1) Descriptive title of the records series, component of an information system, or appropriate aggregation of series and/or information system components. The descriptive title must be meaningful to agency personnel;

(2) Complete description of the records including:

(i) Agency function;

(ii) Physical type, if appropriate;

(iii) Inclusive dates;

(iv) Statement of how records are arranged;

(v) Statement of restrictions on access under the FOIA if the records are proposed for immediate transfer;

(3) Disposition instructions developed using the following guidelines:

(i) If the records series or system is current and continuing, the SF 115 must specify the period of time after which the records will be transferred to the National Archives of the United States, and if appropriate, the time period for returning inactive records to an approved records storage facility.

(ii) If the records series or system is nonrecurring, i.e., no additional records will be created or acquired, the agency must propose either that the records be transferred to the National Archives of the United States immediately or set transfer for a fixed date in the future.

(c) Determination. NARA will appraise the records to determine if they have sufficient value to warrant archival permanent preservation. If NARA determines either that records are not permanent or that the transfer instructions are not appropriate:

(1) NARA will notify the agency and negotiate an appropriate disposition. The disposition instruction on the SF 115 will be modified prior to NARA approval; or

(2) If NARA and the agency cannot agree on the disposition instruction for an item(s), the items(s) will be withdrawn. In these cases, the agency must submit an SF 115 with a revised proposal for disposition; unscheduled records must be treated as permanent until a new schedule is approved.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2014–2026 · leading case: Competitive Enter. Inst. v. Off. of Sci. & Tech. Policy, 241 F. Supp. 3d 14 (D.D.C. 2017).
Competitive Enter. Inst. v. Off. of Sci. & Tech. Policy, 241 F. Supp. 3d 14 (D.D.C. 2017). “36 C.F.R. §§ 1225.14 , 1225.16. If an agency head learns of “any actual, impending, or threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the agency,” he or she must notify the Archivist.”
Competitive Enter. Inst. v. United States Env't Prot. Agency, 67 F. Supp. 3d 23 (D.D.C. 2014). “See 36 C.F.R. §§ 1225.14 , 1225.16. In addition, Congress has established a detailed enforcement scheme to remedy violations of FRA.”
Competitive Enter. Inst. v. Off. of Sci. & Tech. Policy, 82 F. Supp. 3d 228 (D.D.C. 2015). “36 C.F.R. §§ 1225.14 ,1225.16. If an agency head learns of “any actual, impending, or threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the agency,” he or she must notify the Archivist.”
Citizens for Responsibility & Ethics in Washington v. U.S. Dep't of Homeland Sec. (D.D.C. 2020). “By contrast, the FRA envisions that the “individual agency . . . should have the primary responsibility” for determining what records must be created to serve its purposes.”
Williams v. Nat'l Aeronautics & Space Admin. (D.D.C. 2026). “Under these preapproved disposal schedules, records are designated as either "permanent records" to be transferred to the National Archives and Records Administration ("NARA") for preservation, see 36 C.F.R. § 1225.14 , or "temporary records" that may be destroyed after the…”
Williams v. Nat'l Aeronautics & Space Admin. (D.D.C. 2026). “Under these preapproved disposal schedules, records are designated as either "permanent records" to be transferred to the National Archives and Records Administration ("NARA") for preservation, see 36 C.F.R. § 1225.14 , or "temporary records" that may be destroyed after the…”
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