Records Act

The Records Act, also known as an Act to provide for the safe-keeping of the Acts, Records and Seal of the United States, and for other purposes, was the fourteenth law passed by the United States Congress.

Records Act of 1789[1]
Great Seal of the United States
Long titleAn Act to provide for the safe-keeping of the Acts, Records and Seal of the United States, and for other purposes.
Enacted bythe 1st United States Congress
EffectiveSeptember 15, 1789
Citations
Public lawPub. L.Tooltip Public Law (United States) 1–14
Statutes at Large1 Stat. 68 (1789)
Legislative history
  • Introduced in the House as H.R. 14 by Theodore Sedgwick (F-MA) on July 31, 1789[2]
  • Passed the House on August 27, 1789 (Passed[3])
  • Passed the Senate on September 7, 1789 (Passed[4]) with amendment
  • House agreed to Senate amendment on September 8, 1789 (Agreed[5])
  • Signed into law by President George Washington on September 15, 1789

The first section of the bill renamed the Department of Foreign Affairs to the Department of State.[6] The next section charged the Secretary of State with receiving legislation from the president for safekeeping. Five subsequent provisions governed the creation, custody and use of the Seal of the United States.

The act also directed the Secretary of State to ensure that every bill enacted or vetoed was published in at least three newspapers, making it the nation's first freedom of information law, though its provisions would later be used to justify the withholding of information from the public.[7]

In 1875 by accordance of the Revised Statutes of the United States, the law was codified into 5 U.S.C. section 301, the Housekeeping Statute.[8][9][10]

Housekeeping Statute

The head of an Executive department or military department may prescribe regulations for the government of his department, the conduct of its employees, the distribution and performance of its business, and the custody, use, and preservation of its records, papers, and property. This section does not authorize withholding information from the public or limiting the availability of records to the public.[11][12]

— 5 U.S.C. ch. 3 § 301

See also

References
  1. Grant de Pauw, Linda (1986). Documentary History of the First Federal Congress of the United States of America, March 4, 1789-March 3, 1791: House of Representatives Journal. The Johns Hopkins University Press. pp. 1753–1766. ISBN 978-0801818196.
  2. "Acts and Records Bill ~ U.S. House of Representatives Introduced by Theodore Sedgwick". Journal of the House of Representatives of the United States, 1st U.S. Congress, 1st Session. City of New York ~ March 4, 1789. United States Library of Congress. I (Friday, July 31, 1789): 69. July 31, 1789.
  3. "Records Act Bill ~ U.S. House of Representatives Concurrence by Unanimous Consent". Journal of the House of Representatives of the United States, 1st U.S. Congress, 1st Session. City of New York ~ March 4, 1789. United States Library of Congress. I (Thursday, August 27, 1789): 91. August 27, 1789.
  4. "Records Act Bill ~ U.S. Senate Concurrence by Unanimous Consent". Journal of the House of Representatives of the United States, 1st U.S. Congress, 1st Session. City of New York ~ March 4, 1789. United States Library of Congress. I (Monday, September 7, 1789): 104. September 7, 1789.
  5. "Records Act Bill ~ U.S. House of Representatives Concurrence of Senate Amendments". Journal of the House of Representatives of the United States, 1st U.S. Congress, 1st Session. City of New York ~ March 4, 1789. United States Library of Congress. I (Tuesday, September 8, 1789): 104. September 8, 1789.
  6. "Executive Department to be Denominated the Department of Foreign Affairs - P.L. 1-4". Public Statutes at Large of the United States of America ~ 1 Stat. 28. Organization of the Government in 1789 to March 3, 1845. United States Library of Congress (Monday, July 27, 1789): 28–29. July 27, 1789.
  7. Relyea, Harold (2005), Access to Government Information in the United States (PDF), Washington, D.C.: United States Congress, p. 2, retrieved 2013-02-21
  8. Mayer, Kenneth R. (2002). With the Stroke of a Pen: Executive Orders and Presidential Power. Princeton University Press. p. 155. ISBN 9780691094991.
  9. "Publication of Revised Statutes and Laws of United States ~ P.L. 43-333" (PDF). USLaw.Link. 18 Stat. 113 ~ House Bill 1215. U.S. Government Printing Office. June 20, 1874.
  10. "H.R. 1215 ~ Consolidate and Revise the Statutes of the United States". Journal of the Senate of the United States, 43rd U.S. Congress, 1st Session. City of Washington ~ December 1, 1873. United States Library of Congress. LXIX (Tuesday, April 14, 1874): 462. April 14, 1874.
  11. "Title 5, United States Code, Government Organization and Employees ~ P.L. 89-554" (PDF). USLaw.Link. 80 Stat. 379 ~ House Bill 10104. U.S. Government Printing Office. September 6, 1966.
  12. "H.R. 10104 - Title 5, United States Code, Government Organization and Employees". Congress.gov. 80 Stat. 378 ~ Public Law 89-554. United States Library of Congress. September 6, 1966.


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