Federal Records Act
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The Federal Records Act of 1950 is a
United States federal law The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as ...
that was enacted in 1950. It provides the legal framework for federal
records management Records management, also known as records and information management, is an organizational function devoted to the management of information in an organization throughout its life cycle, from the time of creation or receipt to its eventual dispos ...
, including record creation, maintenance, and disposition.Richard J. Cox, ''Closing an Era: Historical Perspectives on Modern Archives and Records Management'' (Greenwood: 2000), pp. 3-4.


History

The Federal Records Act was created following the recommendations of the Hoover Commission (1947-49). It implemented one of the reforms proposed by Emmett Leahy in his October 1948 report on ''Records Management in the United States Government'', with the goal of ensuring that all federal departments and agencies had a program for
records management Records management, also known as records and information management, is an organizational function devoted to the management of information in an organization throughout its life cycle, from the time of creation or receipt to its eventual dispos ...
. The act, and its related
regulations Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...
, require each federal agency to establish an ongoing program for record management and to cooperate with the
National Archives and Records Administration The National Archives and Records Administration (NARA) is an " independent federal agency of the United States government within the executive branch", charged with the preservation and documentation of government and historical records. It ...
(NARA). A 1985 NARA pamphlet describes the Federal Records Act as the "basis for the Federal Government's policies and procedures for creating, maintaining, and disposing of Federal records. The act and its related regulations define Federal records, mandate the creation and preservation of those records necessary to document Federal activities, establish Government ownership of records, and provide the exclusive legal procedures for the disposition of records." The Second Hoover Commission (1953-55) addressed paperwork management and recommended the adoption of a program relating to "directives management, reports management, paperwork quality control, and clerical work measurement." As a result, the first ''Guide to Record Retention Requirements'' was published in 1955. This guide is updated annually and is used by
archivist An archivist is an information professional who assesses, collects, organizes, preserves, maintains control over, and provides access to records and archives determined to have long-term value. The records maintained by an archivist can consi ...
s and other record managers both in and out of government. The Federal Records Act was amended over time. Amendments in 1976 emphasized paperwork reduction and information lifecycle management. The
Paperwork Reduction Act of 1980 The Paperwork Reduction Act of 1980 (Pub. L. No. 96-511, 94 Stat. 2812, codified at ) is a United States federal law enacted in 1980 designed to reduce the total amount of paperwork burden the federal government imposes on private businesses and ...
, which followed the issuance of the report of the Commission on Federal Paperwork in 1977, introduced information resources management and gave responsibility to the
Office of Management and Budget The Office of Management and Budget (OMB) is the largest office within the Executive Office of the President of the United States (EOP). OMB's most prominent function is to produce the president's budget, but it also examines agency programs, pol ...
for creating federal information policy standards. In November 2014, the Presidential and Federal Records Act Amendments of 2014 was signed into law by President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
.National Archives Welcomes Presidential and Federal Records Act Amendments of 2014
(press release),
National Archives and Records Administration The National Archives and Records Administration (NARA) is an " independent federal agency of the United States government within the executive branch", charged with the preservation and documentation of government and historical records. It ...
(December 1, 2014).
Charles S. Clark
Obama Signs Modernized Federal Records Act
Government Executive (December 1, 2014).
This bipartisan act, which followed the 2011 President's Memorandum on Managing Government Records, modernizes the Federal Records Act. The act expressly expands the definition of federal records to include electronic records (the first change to the definition of "Federal record" since the enactment of the act in 1950). The act also grants the
Archivist of the United States The Archivist of the United States is the head and chief administrator of the National Archives and Records Administration (NARA) of the United States. The Archivist is responsible for the supervision and direction of the National Archives. Th ...
the final determination as to what constitutes a Federal record; "authorizes the early transfer of permanent electronic federal and presidential records to the National Archives, while legal custody remains with the agency or the president"; "clarifies the responsibilities of federal government officials when using non-government email systems"; and "empowers the National Archives to safeguard original and classified records from unauthorized removal."


Notes

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See also

* Diplomatics *
Federal Property and Administrative Services Act of 1949 The Federal Property and Administrative Services Act of 1949 is the United States federal law which established the General Services Administration (GSA). The act also provides for various Federal Standards to be published by the GSA. Among these ...
*
Freedom of Information Act (United States) The Freedom of Information Act (FOIA), , is the U.S. federal freedom of information law that requires the full or partial disclosure of previously unreleased or uncirculated information and documents controlled by the United States government, ...
* Government transparency * National Personnel Records Center and National Personnel Records Center fire *
Presidential Records Act of 1978 The Presidential Records Act (PRA) of 1978, , is an Act of the United States Congress governing the official records of Presidents and Vice Presidents created or received after January 20, 1981, and mandating the preservation of all presidential ...
*
Privacy Act of 1974 The Privacy Act of 1974 (, ), a United States federal law, establishes a Code of Fair Information Practice that governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals that is maintain ...
* Right to know *
Washington National Records Center The Washington National Records Center (WNRC) in Suitland, Maryland, stores and references records of U.S. Federal agencies located in the District of Columbia, Maryland, Virginia and West Virginia. Physical records are transferred to WNRC ...
1950 in American law Information technology management Public records United States federal government administration legislation