45 CFR § 2105.65 - How will FOIA materials be preserved?

---
identifier: "/us/cfr/t45/s2105.65"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "45 CFR § 2105.65 - How will FOIA materials be preserved?"
title_number: 45
title_name: "Public Welfare"
section_number: "2105.65"
section_name: "How will FOIA materials be preserved?"
chapter_name: "COMMISSION OF FINE ARTS"
part_number: "2105"
part_name: "REQUIREMENTS FOR COMPLIANCE WITH THE FREEDOM OF INFORMATION ACT"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 552, as amended by Public Law 110-175, 121 Stat. 2524 and Pub. L. 114-185, 130 Stat. 538."
regulatory_source: "84 FR 27722, June 14, 2019, unless otherwise noted."
cfr_part: "2105"
---


# 2105.65 How will FOIA materials be preserved?

(a) Each Agency must preserve all correspondence pertaining to the requests that it receives under subpart B of this part, as well as copies of all requested records, until disposition or destruction is authorized by the General Records Schedule 4.2 of the National Archives and Records Administration (NARA) or another NARA-approved records schedule.

(b) Materials that are identified as responsive to a FOIA request will not be disposed of or destroyed while the request or a related appeal or lawsuit is pending. This is true even if they would otherwise be authorized for disposition or destruction under the General Records Schedule 4.2 of NARA or another NARA-approved records schedule.