Executive Order M-23-07 Transition to Electronic Records

30.10.1 - Executive Order M-23-07 Transition to Electronic Records (Rev. 13718; Issued: 04-10-26; Effective: 05-11-26; Implementation: 09-14-26) Subject to the provisions of Executive Order M-23-07 Transition to Electronic Records, issued by the Office of Management and Budget (OMB) and NARA, CMS, and thereby all contractors, shall maintain a robust records management program that complies with the Federal Records Act (44 U.S.C. Chapters 21, 29, 31, and 33) and its regulations codified in 36 CFR Chapter XII Subchapter For purposes of this requirement, robust means a comprehensive, resilient, and fully functional records management process or system that incorporates adequate controls, security measures, and operational procedures capable of handling the complete lifecycle of federal records while maintaining compliance with all applicable federal laws and regulations. CMS contractors are required to establish and maintain an active and continuing program for the economical and efficient management of the records outlined in §30.10 of this manual, in accordance with 44 U.S.C. § 3102 (Establishment of program of management) and 36 CFR § 1220.34 (Agency records management program requirements). For purposes of this requirement, cost effective means implementing records management practices that achieve maximum operational efficiency and regulatory compliance while minimizing unnecessary expenditures, utilizing appropriate technology solutions, and optimizing resource allocation to ensure sustainable long-term records management operations. The contractor's programs shall ensure that agency records are properly retained, stored, and destroyed according to their disposition schedules. This includes but is not limited to: • Ensure that all Federal records are created, retained, and managed in electronic formats, with appropriate metadata. • All permanent records shall be managed electronically, to the fullest extent possible, for eventual transfer and accession by NARA in an electronic format. This does not apply to permanent records accessioned into NARA or transferred for storage into Federal Records Centers before June 30, 2024. After June 30, 2024, CMS will transfer permanent records to NARA in electronic formats and with appropriate metadata, in accordance with NARA regulations and transfer guidance. • All temporary records in Federal agencies will be managed electronically, to the fullest extent possible through the record’s disposition. • Temporary, analog records that become eligible for transfer after June 30, 2024, shall be transferred to commercial storage facilities that meet NARA records storage requirements as specified in 36 CFR Part 1234. NARA will no longer accept transfers of permanent or temporary records in analog formats and will accept records only in electronic format and with appropriate metadata¹. • Digitization of temporary analog records shall be made in accordance with NARA regulations and guidance, including metadata requirements². The contractor shall ensure the ongoing evaluation, enhancement, and compliance of record classification and indexing systems to align with existing laws, regulations, or government-wide policies, including but not limited to 36 CFR Part 1236 and guidance from NARA. The contractor shall maintain records in an economic, secure, and efficient manner that ensures accessibility, integrity, and reliability for agency operations and oversight.