Jonah Patel
Federal records are documentary materials created or received by a federal agency in connection with the transaction of public business. They are preserved as evidence of the government's operations and functions. Briefings are considered federal records as they summarize vital information for government operations. Draft documents are sometimes considered federal records, depending on their context and whether they serve an evidential purpose. Medical appointments are not considered federal records unless they are part of an employee's official medical file. Copies of novels are not considered federal records as they do not involve government operations or transactions.
| Characteristics | Values |
|---|---|
| Definition | Documentary materials, regardless of physical form or characteristics, created or received by a federal agency under federal law or in connection with the transaction of public business and preserved or appropriate for preservation as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the government. |
| Governing Statutes | Federal Records Act, Freedom of Information Act |
| Record Status | Documentary materials are records when they meet the conditions specified in § 1222.10(b). Working files and similar materials, such as preliminary drafts and rough notes, are also records if they were circulated or made available to employees for official purposes. |
| Record Series | Each record series must be scheduled for appropriate disposition and physically separated from all other record series. |
| Recordkeeping Requirements | Agencies must develop recordkeeping requirements to distinguish records from non-record materials. |
| Non-record Materials | Non-record materials must be physically segregated from records and purged when no longer needed for reference. |
| Permanent Records | Permanent records have been determined by NARA to warrant preservation in the National Archives. |
| Records Lifecycle | Creation or receipt, maintenance/use, and disposition. |
| Records System | The organized collection, processing, transmission, dissemination, retention, and storage of information in accordance with defined procedures. |
| Electronic Records | Electronic records should be managed in ways that link records to their disposition authority, within the context of a recordkeeping system. |
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Briefings
Federal records are defined as any documentary materials, regardless of physical form or characteristics, that are created or received by a federal agency under federal law or in connection with the transaction of public business. They are preserved or appropriate for preservation as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the government.
The Federal Records Act mandates that agencies must maintain records related to their official actions. The Act governs agencies' records management responsibilities. It defines federal records as documents or materials created or received by a federal agency in the course of conducting official business. Federal records are systematically maintained to ensure governmental accountability and transparency.
The Records and Information Management Program establishes the Department of State's records management policies and assigns responsibilities to all Department personnel to create and maintain authentic, reliable, and usable records for the length of their authorized retention period pursuant to the Federal Records Act and other laws and regulations. The Chief of the Records and Information Management Division serves as the Secretary's delegated records officer, responsible for coordinating and overseeing the implementation of the Department's Records and Information Program pursuant to the Federal Records Act.
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Draft documents
Whether a draft document is considered a federal record depends on its context. Drafts can be considered federal records, but not always.
A federal record is defined as any documentary material, regardless of physical form or characteristics, that is created or received by a federal agency under federal law or in connection with the transaction of public business. It is preserved or appropriate for preservation as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the government.
The determination of whether a draft document constitutes a federal record can vary depending on the specific state and its laws. For example, in North Carolina, draft documents are considered public records and are subject to public access, while in other states, there may be exceptions for drafts based on the specific language in their statutes.
To summarize, while draft documents can be considered federal records in certain contexts, the decision depends on the specific circumstances, state laws, and the purpose and content of the draft.
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Medical appointments
Federal records refer to documentary materials created, received, or collected by a federal agency under federal law or in connection with public business. They are preserved as evidence of the organization's functions, policies, decisions, and operations. Federal agencies are responsible for distinguishing records from non-record materials and developing record-keeping requirements.
It is important to note that individuals have the right to access, review, and receive copies of their medical records under the Health Insurance Portability and Accountability Act (HIPAA). This includes medical history, lifestyle choices, bills, claims, prescriptions, lab results, medical opinions, appointment histories, and more. However, psychotherapy notes are kept separate and are not accessible to patients.
Additionally, individuals can request amendments to their medical records if they believe the information is incorrect. While the health care provider must respond to the request, they are not required to agree to the change. If the provider does not agree, individuals have the right to submit a statement of disagreement, which the provider must add to the record.
In terms of state-specific regulations, New York State Law grants patients and qualified individuals access to medical records, with some restrictions and potential fees for obtaining copies. Physicians and hospitals are required to maintain patient records for at least six years from the patient's last visit, with extended requirements for obstetrical records and records of children.
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Copies of novels
Federal records are defined as any documentary materials, regardless of physical form or characteristics, that are created or received by a federal agency under federal law or in connection with the transaction of public business. They are preserved or appropriate for preservation as evidence of the organisation, functions, policies, decisions, procedures, operations, or other activities of the government. Federal records are created by federal agencies to document their functions and decisions. They are made or received by a federal agency either to comply with a law or to conduct public business. As a result, they belong to the government rather than individuals, and their legal disposition depends on the prior approval of the Archivist of the United States.
The Federal Records Act of 1950, as amended, establishes the framework for records management programs in Federal Agencies. The National Archives and Records Administration (NARA) is responsible for assisting Federal agencies in maintaining adequate and proper documentation of policies and transactions of the Federal Government. This is done by appraising records (determining record value and final disposition of temporary or permanent records), regulating and approving the disposition of Federal records, operating Federal Records Centres, and preserving permanent records. Federal records may not be destroyed except in accordance with the procedures described in Chapter 33 of Title 44, United States Code.
Agencies must develop record-keeping requirements to distinguish records from non-record materials. Non-record materials should be physically segregated from records and should be purged when no longer needed for reference. NARA's approval is not required to destroy such materials.
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Record status
Federal records are defined as any documentary materials, regardless of their physical form or characteristics, that are created or received by a federal agency under federal law. They are preserved as evidence of the functions, policies, decisions, and operations of the government.
To ensure that complete and accurate records are made and retained, federal agencies must distinguish between records and non-record materials. Working files, such as preliminary drafts and rough notes, are considered records and must be maintained for proper documentation. However, drafts that are not finalized or do not serve a significant evidential purpose may not always be kept as federal records.
Agencies must develop record-keeping requirements and guidelines to manage non-record materials effectively. Non-record materials should be physically segregated from records and purged when no longer needed. Personal files and papers belonging to individuals that are not used to conduct agency business are excluded from the definition of federal records.
Records management programs, such as the Records and Information Management Program established by the Department of State, play a crucial role in ensuring that records are authentic, reliable, and accessible when needed. These programs also help to minimize legal and financial risks, maintain corporate knowledge, and protect the rights of the government and individuals affected by its activities.
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Frequently asked questions
Briefings are considered federal records as they summarize vital information needed for government operations. Draft documents are sometimes considered federal records, but only if they are finalized or serve an evidential purpose. Copies of novels are not considered federal records as they are not created or received during official government business.
Federal records are any documentary materials, regardless of their physical form, created or received by a federal agency under federal law or in connection with the transaction of public business. They are preserved as evidence of the functions, policies, decisions, and operations of the government.
Items that are not considered federal records include personal files, copies of novels, and medical appointments (unless they are part of an employee's official medical file).
