Text of Federal Records Management Amendments
This bill was enacted after being signed by the President on October 21, 1976. The text of the bill below is as of Oct 21, 1976 (Passed Congress/Enrolled Bill).
PUBLIC LAW 94-575—OCT. 21, 1976 90 STAT. 2723 Public Law 94-575 94th Congress An Act To amend title 44, United States Code, to strengthen the authority of the Oct. 21, 1976 Administrator of General Services with respect to records management by [H.R. 13828] Federal agencies, and for other purposes. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, Federal Records Management SHORT TITLE Amendments of 1976. SECTION 1. This Act may be cited as the "Federal Eecords Manage- 44 u s e 2901 ment Amendments of 1976". note. AMENDMENT OF CHAPTER 2 9 , TITLE 4 4 , UNITED STATES CODE SEC. 2. (a) Chapter 29 of title 44, United States Code, is amended— (1) by striking out sections 2901 and 2902 of such chapter and inserting in lieu thereof the following: *'§ 2901. Definitions 44 u s e 2901. "As used in this chapter, and chapters 21, 25, 27, 31, and 33 of this title— "(1) the term 'records' has the meaning given it by section 3301 of this title; "(2) the term 'records management' means the planning, con- trolling, directing, organizing, training, promoting, and other managerial activities involved with respect to records creation, records maintenance and use, and records disposition; "(3) the term 'records creation' means the production or repro- duction of any record; "(4) the term 'records maintenance and use' means any activity involving— "(A) location of records of a Federal agency; "(B) storage, retrieval, and handling of records kept at office file locations by or for a Federal agency; "(C) processing of mail by a Federal agency; or "(D) selection and utilization of equipment and supplies associated with records and copying; "(5) the term 'records disposition' means any activity with respect to— "(A) disposal of temporary records no longer necessary for the conduct of business by destruction or donation; "(B) transfer of records to Federal agency storage facili- ties or records centers; "(C) transfer to the National Archives of the United States of records determined to have sufficient historical or other value to warrant continued preservation; or "(D) transfer of records from one Federal agency to any other Federal agency; "(6) the term 'records center' means an establishment main- tained and operated by the Administrator or by another Federal agency primarily for the storage, servicing, security, and process- ing of records which need to be preserved for varying periods of time and need not be retained in office equipment or space;
90 STAT. 2724 PUBLIC LAW 94-575—OCT. 21, 1976 " (7) the term 'records management study' means an investiga- tion and analysis of any Federal agency records, or records man- agement practices or programs (whether manual or automated), with a view toward rendering findings and recommendations with respect thereto; " (8) the term 'inspection' means reviewing any Federal agency's i^'- records or records management practices or programs with respect to eflFectiveness and compliance with records management laws and making necessary recommendations for correction or im- provement of records management; "(9) the term 'servicing' means making available for use infor- i mation in records and other materials in the custody of the Administrator, or in a records center— " (A) by furnishing the records or other materials, or infor- " = mation from them, or copies or reproductions thereof, to any Federal agency for official use, or to the public; or "(B) by making and furnishing authenticated or unau-- thenticated copies or reproductions of the records or other materials; "(10) the term 'unauthenticated copies' means exact copies or reproductions of records or other materials that are not certified Ov:; ; as such under seal and that need not be legally accepted as evidence; "(11) the term'National Archives of the United States'means those official records which have been determined by the Archivist of the United States to have sufficient historical or other value to warrant their continued preservation by the Federal Govern- ment, and which have been accepted by the Administrator for deposit in his custody; "(12) the term 'Administrator' means the Administrator of General Services; "(13) the terms 'executive agency' and 'Federal agency' shall have the meanings given such terms by subsections (a) and (b), respectively, of section 3 of the Federal Property and Adminis- trative Services Act of 1949 (40 U.S.C. 472 (a) and (b)). 44 use 2902. "§ 2902. Objectives of records management "It is the purpose of this chapter, and chapters 21, 31, and 33 of this title, to require the establishment of standards and procedures to assure efficient and eifective records management. Such records man- agement standards and procedures shall seek to implement the follow- ing goals: "(1) Accurate and complete documentation of the policies and transactions of the Federal Government. "(2) Control of the quantity and quality of records produced by the Federal Government. "(3) Establishment and maintenance of mechanisms of con- trol with respect to records creation in order to prevent the crea- tion of unnecessary records and with respect to the effective and economical operations of an agency. "(4) Simplification of the activities, systems, and processes of records creation and of records maintenance and use. "f 5^ Judicious preservation and disposal of records. "[6) Direction of continuing attention on records from their initial creation to their final disposition, with particular emphasis on the prevention of unnecessary Federal paperwork.
PUBLIC LAW 94-575—OCT. 21, 1976 90 STAT. 2725 "(7) Establishment and maintenance of such other systems or techniques as the Administrator considers necessary to carry out ' the purposes of this chapter, and chapters 21, 31, and 33 of this title."; (2) by striking out section 2904 of such chapter and inserting in lieu thereof the following: **§ 2904. General responsibilities of Administrator 44 USC 2904. "The Administrator shall provide guidance and assistance to Fed- eral agencies with respect to records creation, records maintenance and use, and records disposition. In providing such guidance and assist- ance, the Administrator shall have responsibility to— "(1) promote economy and efficiency in the selection and utili- zation of space, staff, equipment, and supplies for records management; "(2) promulgate standards, procedures, and guidelines with Standards and respect to records management and records management studies; guidelines. "(3) conduct research with respect to the improvement of rec- ords management practices and programs; "(4) serve as a clearinghouse for information with respect to records management and as a central source for reference and -" • training materials with respect to records management; "(5) establish such interagency committees and boards as may be necessary to provide an exchange of information among Fed- eral agencies with respect to records management; "(6) disseminate information with respect to technological development in records management; "(7) direct the continuing attention of Federal agencies and the Congress on the burden placed on the Federal Government by unnecessary paperwork, and on the need for adequate policies governing records creation, maintenance and use, and disposition; " (8) conduct records management studies and, in his discretion. Studies, designate the heads of executive agencies to conduct records man- agement studies with respect to establishing systems and tech- niques designed to save time and effort in records management, with particular attention given to standards and procedures gov- erning records creation; "(9) conduct inspections or records management studies which involve a review of the programs and practices of more than one Federal agency and which examine interaction among and rela- tionships between Federal agencies with respect to records and T'ecords management; and "(10) report to the Congress and to the Director of the Office Report to of Management and Budget each year, at such time or times as Congress and he may deem desirable, on the results of the foregoing activities, Director of 0MB. including evaluations of responses by Federal agencies to any recommendations resulting from studies or inspections conducted by him."; (3) by striking out sections 2906 and 2907 of such chapter and inserting in lieu thereof the following: "§ 2906. Inspection of agency records 44 USC 2906. "(a) (1) In carrying out his duties and responsibilities under this chapter, the Administrator of General Services or his designee may inspect the records or the records management practices and pro- grams of any Federal agency solely for the purpose of rendering recommendations for the improvement of records management prac- tices and programs. Officers and employees of such agencies shall
90 STAT. 2726 PUBLIC LAW 94-575—OCT. 21, 1976 cooperate fully in such inspections, subject to the provisions of para- graphs (2) and (3) of this subsection. "(2) Records, the use of which is restricted hj law or for reasons of national security or the public interest, shall be inspected, in accord- ance with regulations promulgated by the Administrator, subject to the approval of the head of the agency concerned or of the President. "(3) If the Administrator or his designee inspects a record, as provided in this subsection, which is contained in a system of records 5 use 552a. which is subject to section 552a of title 5, such record shall be— "(A) maintained by the Administrator or his designee as a record contained in a system of records; or "(B) deemed to be a record contained in a system of records for purposes of subsections (b), (c), and (i) of section 552a of titles. "(b) In conducting the inspection of agency records provided for in subsection (a) of this section, the Administrator or his designee shall, in addition to complying with the provisions of law cited in subsection (a)(3), comply with all other Federal laws and be subject to the sanctions provided therein. 44 use 2907. "§ 2907. Records centers and centralized microfilming services "The Administrator may establish, maintain, and operate records centers and centralized microfilming services for Federal agencies."; and Repeal. (4) by striking out section 2910. 44 use 2910. (b) The table of sections for chapter 29 of title 44, United States Code, is amended to read as follows: "2901. Definitions. "2902. Objectives of records management. "2903. Custody and control of property. "2904. General responsibilities of Administrator. "2905. Establishment of standards for selective retention of records; security measures. "2906. Inspection of agency records. "2907. Records centers and centralized microfilming services. "2908. Regulations. "2909. Retention of records.". AMENDMENT OF CHAPTER 3 1 , TITLE 4 4 , U N I T E D STATES CODE SEC. 3. (a) Chapter 31 of title 44, United States Code, is amended— (1) by striking out ", maintenance," in section 3102 and insert- ing lieu thereof "and over the maintenance"; (2) by striking out "2901, 2903-2909" in section 3102(3) and inserting in lieu thereof "2901-2909"; y (3) by striking out section 3103 of such chapter and inserting in lieu thereof the following: 44 use 3103. «§ 3103. Transfer of records to records centers "When the head of a Federal agency determines that such action may affect substantial economies or increased operating efficiency, he shall provide for the transfer of records to a records center maintained and operated by the Administrator, or, when approved by the Admin- istrator, to a center maintained and operated by the head of the Federal agency."; and (4) by striking out, in the text of section 3107, everything preceding the word "title" and inserting in lieu thereof "Chapters 21,25,27,29, and 31 of this".
PUBLIC LAW 94-575—OCT. 21, 1976 90 STAT. 2727 (b) The table of sections for chapter 31 of title 44, United States Code, is amended by striking out the item relating to section 3103 and inserting in lieu thereof the following: "3103. Transfer of records to records centers.". TECHNICAL AND CONFORMING AMENDMENTS SEC. 4. (a) Chapter 21 of title 44, United States Code, is amended by striking out "section 3106" each place it appears in sections 2103 (4) and 2108 (b) and (c), and insertmg in lieu thereof "section 2107". (b) Chapter 21 of such title is further amended by striking out "or 31" in section 2111(b) and "and 31" in section 2112, and inserting in lieu thereof "31, or 33" and "31, and 33", respectively. (c) Chapter 33 of such title is amended— (1) 1by striking out " ; approval by President" in the table of sections item relating to section 3302 and in the heading of such section; and (2) by inserting "machine readable materials," immediately after "photographs," in section 3301. EFFECT ON OTHER LAWS SEC. 5. (a) The provisions of this Act relating to the authority of 44 USC 2901 the Administrator of General Services do not fimit or repeal addi- "o*®- tional authorities provided by statute or otherwise recognized by law. (b) The provisions of this Act do not limit or repeal the autnority or responsibilities of the Joint Committee on Printing or the Govern- ment Printing Office under chapters 1 through 19 of title 44, United States Code. Approved October 21, 1976. LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1426 (Comm. on Government Operations). SENATE REPORT No. 94-1326 (Comm. on Government Operations). CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 24, considered and passed House. Sept. 28, considered and passed Senate, amended; proceedings vacated. Oct. 1, considered and passed Senate, amended; House agreed to Senate amendment.