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44 U.S.C. § 2902 (PUBLIC PRINTING AND DOCUMENTS)
§ 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 effective records management. Such records management standards and procedures shall seek to implement the following 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 control with respect to records creation in order to prevent the creation 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, maintenance, transfer, and use.
(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 and the transfer of records from Federal agencies to the National Archives of the United States in digital or electronic form to the greatest extent possible.
(7) Establishment and maintenance of such other systems or techniques as the Archivist considers necessary to carry out the purposes of this chapter, and chapters 21, 31, and 33 of this title.
(Added Pub. L. 94–575, § 2(a)(1), Oct. 21, 1976, 90 Stat. 2724; amended Pub. L. 98–497, title I, § 107(b)(14), Oct. 19, 1984, 98 Stat. 2288; Pub. L. 113–187, § 9(a), Nov. 26, 2014, 128 Stat. 2012.)
heading: Prior Provisions
text: A prior section 2902, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1296, related to activities of the Administrator of General Services with respect to records management, surveys, and reports, prior to repeal by Pub. L. 94–575, § 2(a)(1). See section 2904 of this title.
heading: Amendments
text: 2014—Par. (4). Pub. L. 113–187, § 9(a)(1), substituted “creation, maintenance, transfer, and use” for “creation and of records maintenance and use”.
Par. (6). Pub. L. 113–187, § 9(a)(2), inserted before period at end “and the transfer of records from Federal agencies to the National Archives of the United States in digital or electronic form to the greatest extent possible”.
Par. (7). Pub. L. 113–187, § 9(a)(3), struck out “the Administrator or” before “the Archivist”.
1984—Par. (7). Pub. L. 98–497 inserted “or the Archivist” after “Administrator”.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of this title.
44 U.S.C. § 2905 (PUBLIC PRINTING AND DOCUMENTS)
§ 2905. Establishment of standards for selective retention of records; security measures
(a) The Archivist shall establish standards for the selective retention of records of continuing value, and assist Federal agencies in applying the standards to records in their custody. The Archivist shall notify the head of a Federal agency of any actual, impending, or threatened unlawful removal, defacing, alteration, or destruction of records in the custody of the agency that shall come to the Archivist’s attention, and assist the head of the agency in initiating action through the Attorney General for the recovery of records unlawfully removed and for other redress provided by law. In any case in which the head of the agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.
(b) The Archivist shall assist the Administrator for the Office of Information and Regulatory Affairs in conducting studies and developing standards relating to record retention requirements imposed on the public and on State and local governments by Federal agencies.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1296; Pub. L. 96–511, § 2(c)(2), Dec. 11, 1980, 94 Stat. 2825; Pub. L. 98–497, title I, § 107(b)(15)(B), title II, § 203(a), Oct. 19, 1984, 98 Stat. 2288, 2294; Pub. L. 113–187, § 8(8), Nov. 26, 2014, 128 Stat. 2012.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 395(b) (June 30, 1949, ch. 288, title V, § 505(b), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
heading: Amendments
text: 2014—Subsec. (a). Pub. L. 113–187 substituted “The Archivist shall notify” for “He shall notify” and “the Archivist’s attention” for “his attention”.
1984—Subsec. (a). Pub. L. 98–497, § 107(b)(15)(B), substituted “Archivist” for “Administrator of General Services”.
Pub. L. 98–497, § 203(a), inserted “In any case in which the head of the agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.”
Subsec. (b). Pub. L. 98–497, § 107(b)(15)(B), substituted “Archivist” for “Administrator of General Services”.
1980—Pub. L. 96–511 designated existing provisions as subsec. (a) and added subsec. (b).
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of this title.
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–511 effective on Apr. 1, 1981, see section 5 of Pub. L. 96–511, set out as a note under section 2904 of this title.
44 U.S.C. § 2907 (PUBLIC PRINTING AND DOCUMENTS)
§ 2907. Records centers and centralized microfilming or digitization services
The Archivist may establish, maintain, and operate records centers and centralized microfilming or digitization services for Federal agencies.
(Added Pub. L. 94–575, § 2(a)(3), Oct. 21, 1976, 90 Stat. 2726; amended Pub. L. 98–497, title I, § 107(b)(15)(A), Oct. 19, 1984, 98 Stat. 2288; Pub. L. 113–187, § 9(b)(1), Nov. 26, 2014, 128 Stat. 2013.)
heading: Prior Provisions
text: A prior section 2907, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1297, contained provisions similar to those comprising this section, prior to repeal by Pub. L. 94–575, § 2(a)(3).
heading: Amendments
text: 2014—Pub. L. 113–187 inserted “or digitization” after “microfilming” in section catchline and text.
1984—Pub. L. 98–497 substituted “Archivist” for “Administrator”.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of this title.
44 U.S.C. § 2911 (PUBLIC PRINTING AND DOCUMENTS)
§ 2911. Disclosure requirement for official business conducted using non-official electronic messaging accounts
(a) In General.—
An officer or employee of an executive agency may not create or send a record using a non-official electronic messaging account unless such officer or employee—
(1) copies an official electronic messaging account of the officer or employee in the original creation or transmission of the record; or
(2) forwards a complete copy of the record to an official electronic messaging account of the officer or employee not later than 20 days after the original creation or transmission of the record.
(b) Adverse Actions.—
The intentional violation of subsection (a) (including any rules, regulations, or other implementing guidelines), as determined by the appropriate supervisor, shall be a basis for disciplinary action in accordance with subchapter I, II, or V of chapter 75 of title 5, as the case may be.
(c) Definitions.—
In this section:
(1) Electronic messages.—
The term “electronic messages” means electronic mail and other electronic messaging systems that are used for purposes of communicating between individuals.
(2) Electronic messaging account.—
The term “electronic messaging account” means any account that sends electronic messages.
(3) Executive agency.—
The term “executive agency” has the meaning given that term in section 105 of title 5.
(Added Pub. L. 113–187, § 10(a), Nov. 26, 2014, 128 Stat. 2014.)
44 U.S.C. § 3102 (PUBLIC PRINTING AND DOCUMENTS)
§ 3102. Establishment of program of management
The head of each Federal agency shall establish and maintain an active, continuing program for the economical and efficient management of the records of the agency. The program, among other things, shall provide for
(1) effective controls over the creation and over the maintenance and use of records in the conduct of current business;
(2) cooperation with the Archivist in applying standards, procedures, and techniques designed to improve the management of records, promote the maintenance and security of records deemed appropriate for preservation, and facilitate the segregation and disposal of records of temporary value; and
(3) compliance with sections 2101–2117, 2501–2507, 2901–2909, and 3101–3107, of this title and the regulations issued under them.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 94–575, § 3(a)(1), (2), Oct. 21, 1976, 90 Stat. 2726; Pub. L. 98–497, title I, § 107(b)(19), Oct. 19, 1984, 98 Stat. 2290; Pub. L. 113–187, § 9(g), Nov. 26, 2014, 128 Stat. 2014.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 396(b) (June 30, 1949, ch. 288, title V, § 506(b), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
heading: Amendments
text: 2014—Par. (2). Pub. L. 113–187 struck out “the Administrator of General Services and” before “the Archivist”.
1984—Pars. (2), (3). Pub. L. 98–497 inserted “and the Archivist” after “Administrator of General Services” in par. (2), and substituted “sections 2101–2117” for “sections 2101–2113” and struck out “2701,” before “2901” in par. (3).
1976—Pub. L. 94–575, § 3(a)(1), (2), substituted in par. (1) “the creation and over the maintenance” for “the creation, maintenance,” and in par. (3) reference to sections “2901–2909” for “2901, 2903–2909” of this title.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of this title.
44 U.S.C. § 3103 (PUBLIC PRINTING AND DOCUMENTS)
§ 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, the head of such agency shall provide for the transfer of records to a records center maintained and operated by the Archivist, or, when approved by the Archivist, to a center maintained and operated by the head of the Federal agency.
(Added Pub. L. 94–575, § 3(a)(3), Oct. 21, 1976, 90 Stat. 2726; amended Pub. L. 98–497, title I, § 107(b)(20), Oct. 19, 1984, 98 Stat. 2290; Pub. L. 113–187, § 8(9), Nov. 26, 2014, 128 Stat. 2012.)
heading: Prior Provisions
text: A prior section 3103, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298, contained provisions similar to those comprising this section, prior to repeal by Pub. L. 94–575, § 3(a)(3).
heading: Amendments
text: 2014—Pub. L. 113–187 substituted “the head of such agency” for “he”.
1984—Pub. L. 98–497 substituted “Archivist” for “Administrator” wherever appearing.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of this title.
44 U.S.C. § 3104 (PUBLIC PRINTING AND DOCUMENTS)
§ 3104. Certifications and determinations on transferred records
An official of the Government who is authorized to certify to facts on the basis of records in such official’s custody, may certify to facts on the basis of records that have been transferred by such official or such official’s predecessors to the Archivist, and may authorize the Archivist to certify to facts and to make administrative determinations on the basis of records transferred to the Archivist, notwithstanding any other law.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 98–497, title I, § 107(b)(21), Oct. 19, 1984, 98 Stat. 2290; Pub. L. 113–187, § 8(10), Nov. 26, 2014, 128 Stat. 2012.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 396(d) (June 30, 1949, ch. 288, title V, § 506(d), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583, and amended Feb. 5, 1964, Pub. L. 88–265, 78 Stat. 8).
heading: Amendments
text: 2014—Pub. L. 113–187 substituted “such official’s custody” for “his custody” and “such official or such official’s predecessors” for “him or his predecessors”.
1984—Pub. L. 98–497 substituted “Archivist” for “Administrator of General Services” and “Archivist” for “Administrator” wherever appearing.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of this title.
44 U.S.C. § 3105 (PUBLIC PRINTING AND DOCUMENTS)
§ 3105. Safeguards
The head of each Federal agency shall establish safeguards against the removal or loss of records the head of such agency determines to be necessary and required by regulations of the Archivist. Safeguards shall include making it known to officials and employees of the agency—
(1) that records in the custody of the agency are not to be alienated or destroyed except in accordance with sections 3301–3314 of this title, and
(2) the penalties provided by law for the unlawful removal or destruction of records.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 98–497, title I, § 107(b)(22), Oct. 19, 1984, 98 Stat. 2290; Pub. L. 113–187, § 8(11), Nov. 26, 2014, 128 Stat. 2012.)
heading: References in Text
text: Sections 3304 to 3307 of this title, included in the reference in par. (1) to sections 3301 to 3314 of this title, were repealed by Pub. L. 91–287, § 2(c), June 23, 1970, 84 Stat. 321.
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 396(e) (June 30, 1949, ch. 288, title V, § 506(e), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
heading: Amendments
text: 2014—Pub. L. 113–187 substituted “the head of such agency” for “he” in introductory provisions.
1984—Pub. L. 98–497 substituted “Archivist” for “Administrator of General Services”.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of this title.
44 U.S.C. § 3301 (PUBLIC PRINTING AND DOCUMENTS)
§ 3301. Definition of records
(a) Records Defined.—
(1) In general.—
As used in this chapter, the term “records”—
(A) includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them; and
(B) does not include—
(i) library and museum material made or acquired and preserved solely for reference or exhibition purposes; or
(ii) duplicate copies of records preserved only for convenience.
(2) Recorded information defined.—
For purposes of paragraph (1), the term “recorded information” includes all traditional forms of records, regardless of physical form or characteristics, including information created, manipulated, communicated, or stored in digital or electronic form.
(b) Determination of Definition.—
The Archivist’s determination whether recorded information, regardless of whether it exists in physical, digital, or electronic form, is a record as defined in subsection (a) shall be binding on all Federal agencies.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1299; Pub. L. 94–575, § 4(c)(2), Oct. 21, 1976, 90 Stat. 2727; Pub. L. 113–187, § 5(a), Nov. 26, 2014, 128 Stat. 2009.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 366 (July 7, 1943, ch. 192, § 1, 57 Stat. 380).
heading: Amendments
text: 2014—Pub. L. 113–187 amended section generally. Prior to amendment, text read as follows: “As used in this chapter, ‘records’ includes all books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them. Library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included.”
1976—Pub. L. 94–575 expanded “records” to include “machine readable materials”.
44 U.S.C. § 3302 (PUBLIC PRINTING AND DOCUMENTS)
§ 3302. Regulations covering lists of records for disposal, procedure for disposal, and standards for reproduction
The Archivist shall promulgate regulations, not inconsistent with this chapter, establishing—
(1) procedures for the compiling and submitting to the Archivist of lists and schedules of records proposed for disposal,
(2) procedures for the disposal of records authorized for disposal, and
(3) standards for the reproduction of records by photographic, microphotographic, or digital processes with a view to the disposal of the original records.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1299; Pub. L. 94–575, § 4(c)(1), Oct. 21, 1976, 90 Stat. 2727; Pub. L. 98–497, title I, § 107(b)(23), Oct. 19, 1984, 98 Stat. 2290; Pub. L. 113–187, §§ 5(b), 8(12), Nov. 26, 2014, 128 Stat. 2010, 2012.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 367 (July 7, 1943, ch. 192, § 2, 57 Stat. 381; June 30, 1949, ch. 288, title I, § 104, 63 Stat. 381).
heading: Amendments
text: 2014—Par. (1). Pub. L. 113–187, § 8(12), substituted “the Archivist” for “him”.
Par. (3). Pub. L. 113–187, § 5(b), substituted “photographic, microphotographic, or digital processes” for “photographic or microphotographic processes”.
1984—Pub. L. 98–497 substituted “Archivist” for “Administrator of General Services”.
1976—Pub. L. 94–575 struck out “; approval by President” after “standards for reproduction” in section catchline.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of this title.
44 U.S.C. § 3303 (PUBLIC PRINTING AND DOCUMENTS)
§ 3303. Lists and schedules of records to be submitted to the Archivist by head of each Government agency
The head of each agency of the United States Government shall submit to the Archivist, under regulations promulgated as provided by section 3302 of this title—
(1) lists of any records in the custody of the agency that have been photographed, microphotographed, or digitized under the regulations and that, as a consequence, do not appear to have sufficient value to warrant their further preservation by the Government;
(2) lists of other records in the custody of the agency not needed by it in the transaction of its current business and that do not appear to have sufficient administrative, legal, research, or other value to warrant their further preservation by the Government; and
(3) schedules proposing the disposal after the lapse of specified periods of time of records of a specified form or character that either have accumulated in the custody of the agency or may accumulate after the submission of the schedules and apparently will not after the lapse of the period specified have sufficient administrative, legal, research, or other value to warrant their further preservation by the Government.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1299; Pub. L. 98–497, title I, § 107(b)(23), (25)(A), Oct. 19, 1984, 98 Stat. 2290; Pub. L. 113–187, § 5(c), Nov. 26, 2014, 128 Stat. 2010.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 368 (July 7, 1943, ch. 192, § 3, 57 Stat. 381; June 30, 1949, ch. 288, title I, § 104(a), 63 Stat. 381).
heading: Amendments
text: 2014—Par. (1). Pub. L. 113–187 substituted “photographed, microphotographed, or digitized” for “photographed or microphotographed”.
1984—Pub. L. 98–497 substituted “the Archivist” for “Administrator of General Services” in section catchline, and “Archivist” for “Administrator of General Services” in text.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of this title.
44 U.S.C. § 3312 (PUBLIC PRINTING AND DOCUMENTS)
§ 3312. Photographs or microphotographs of records considered as originals; certified reproductions admissible in evidence
Photographs, microphotographs of records, or digitized records made in compliance with regulations under section 3302 of this title shall have the same effect as the originals and shall be treated as originals for the purpose of their admissibility in evidence. Certified or authenticated reproductions of the photographs, microphotographs, or digitized records shall be admitted in evidence equally with the original photographs, microphotographs, or digitized records.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1302; Pub. L. 113–187, § 5(e), Nov. 26, 2014, 128 Stat. 2010.)
heading: Historical and Revision Notes
text: Based on 44 U.S. Code, 1964 ed., § 378 (July 7, 1943, ch. 192, § 13, 57 Stat. 382).
heading: Amendments
text: 2014—Pub. L. 113–187 substituted “Photographs, microphotographs of records, or digitized records” for “Photographs or microphotographs of records” and “photographs, microphotographs, or digitized records” for “photographs or microphotographs” in two places.