Common Questions About Federal Records and Related Agency Requirements

Summary

Federal departments and agencies create federal records in the course of their daily operations. Congress first enacted the Federal Records Act (FRA; 44 U.S.C. Chapters 21, 29, 31, and 33) in 1950. Congress deemed federal records worthy of preservation for their “informational value,” and also because they document “the transaction of public business” and the “organization, functions, policies, decisions, procedures, operations, or other activities of the Government.” The FRA requires executive branch departments and agencies to collect, retain, and preserve—or dispose of—these records.

This report provides an introduction to federal records. It describes the scope and requirements of the FRA and its associated regulations. Among the questions this report addresses are the following:

What is a federal record?

What is not a federal record?

Which agencies are required to comply with the Federal Records Act?

How do agencies transfer or dispose of federal records?

This report includes amendments to the Federal Records Act made by the Presidential and Federal Records Act Amendments of 2014 (P.L. 113-187). The law, enacted on November 26, 2014, amends the FRA by, among other things, modifying the definition of federal record and clarifying the Archivist’s role as the final determinant of whether certain materials qualify as a federal record.

This report focuses on federal recordkeeping laws, regulations, and policies. This report does not address the recordkeeping requirements of Congress, the Supreme Court, the President, or the Architect of the Capitol. Additional information on presidential records is available in CRS Report R40238, The Presidential Records Act: Background and Recent Issues for Congress, by Wendy Ginsberg.

This report will be updated at the beginning of each new Congress or in the event of significant legislative activity.