US (United States) Code. Title 44. Chapter 31: Records management by federal agencies

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-CITE-

44 USC CHAPTER 31 - RECORDS MANAGEMENT BY FEDERAL

AGENCIES 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 31 - RECORDS MANAGEMENT BY FEDERAL AGENCIES

-HEAD-

CHAPTER 31 - RECORDS MANAGEMENT BY FEDERAL AGENCIES

-MISC1-

Sec.

3101. Records management by agency heads; general duties.

3102. Establishment of program of management.

3103. Transfer of records to records centers.

3104. Certifications and determinations on transferred

records.

3105. Safeguards.

3106. Unlawful removal, destruction of records.

3107. Authority of Comptroller General.

AMENDMENTS

1976 - Pub. L. 94-575, Sec. 3(b), Oct. 21, 1976, 90 Stat. 2727,

substituted "Transfer of records to records centers" for "Storage,

processing, and servicing of records" in item 3103.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2115, 2116, 2901, 2902,

3107, 3504, 3505, 3538, 3549 of this title; title 25 section 450j.

-End-

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44 USC Sec. 3101 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 31 - RECORDS MANAGEMENT BY FEDERAL AGENCIES

-HEAD-

Sec. 3101. Records management by agency heads; general duties

-STATUTE-

The head of each Federal agency shall make and preserve records

containing adequate and proper documentation of the organization,

functions, policies, decisions, procedures, and essential

transactions of the agency and designed to furnish the information

necessary to protect the legal and financial rights of the

Government and of persons directly affected by the agency's

activities.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1297.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 396(a) (June 30, 1949, ch.

288, title V, Sec. 506(a), as added Sept. 5, 1950, ch. 849, Sec.

6(d), 64 Stat. 583).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3102 of this title; title

25 section 458aaa-5.

-End-

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44 USC Sec. 3102 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 31 - RECORDS MANAGEMENT BY FEDERAL AGENCIES

-HEAD-

Sec. 3102. Establishment of program of management

-STATUTE-

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 Administrator of General Services and

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.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 94-575, Sec.

3(a)(1), (2), Oct. 21, 1976, 90 Stat. 2726; Pub. L. 98-497, title

I, Sec. 107(b)(19), Oct. 19, 1984, 98 Stat. 2290.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 396(b) (June 30, 1949, ch.

288, title V, Sec. 506(b), as added Sept. 5, 1950, ch. 849, Sec.

6(d), 64 Stat. 583).

AMENDMENTS

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, Sec. 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.

EFFECTIVE DATE OF 1984 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 25 section 458aaa-5.

-End-

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44 USC Sec. 3103 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 31 - RECORDS MANAGEMENT BY FEDERAL AGENCIES

-HEAD-

Sec. 3103. Transfer of records to records centers

-STATUTE-

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 Archivist, or, when approved by the

Archivist, to a center maintained and operated by the head of the

Federal agency.

-SOURCE-

(Added Pub. L. 94-575, Sec. 3(a)(3), Oct. 21, 1976, 90 Stat. 2726;

amended Pub. L. 98-497, title I, Sec. 107(b)(20), Oct. 19, 1984, 98

Stat. 2290.)

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PRIOR PROVISIONS

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, Sec. 3(a)(3).

AMENDMENTS

1984 - Pub. L. 98-497 substituted "Archivist" for "Administrator"

wherever appearing.

EFFECTIVE DATE OF 1984 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3102 of this title; title

5 section 552a; title 25 section 458aaa-5.

-End-

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44 USC Sec. 3104 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 31 - RECORDS MANAGEMENT BY FEDERAL AGENCIES

-HEAD-

Sec. 3104. Certifications and determinations on transferred records

-STATUTE-

An official of the Government who is authorized to certify to

facts on the basis of records in his custody, may certify to facts

on the basis of records that have been transferred by him or his

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.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 98-497,

title I, Sec. 107(b)(21), Oct. 19, 1984, 98 Stat. 2290.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 396(d) (June 30, 1949, ch.

288, title V, Sec. 506(d), as added Sept. 5, 1950, ch. 849, Sec.

6(d), 64 Stat. 583, and amended Feb. 5, 1964, Pub. L. 88-265, 78

Stat. 8).

AMENDMENTS

1984 - Pub. L. 98-497 substituted "Archivist" for "Administrator

of General Services" and "Archivist" for "Administrator" wherever

appearing.

EFFECTIVE DATE OF 1984 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3102 of this title; title

25 section 458aaa-5.

-End-

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44 USC Sec. 3105 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 31 - RECORDS MANAGEMENT BY FEDERAL AGENCIES

-HEAD-

Sec. 3105. Safeguards

-STATUTE-

The head of each Federal agency shall establish safeguards

against the removal or loss of records he 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.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 98-497,

title I, Sec. 107(b)(22), Oct. 19, 1984, 98 Stat. 2290.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 396(e) (June 30, 1949, ch.

288, title V, Sec. 506(e), as added Sept. 5, 1950, ch. 849, Sec.

6(d), 64 Stat. 583).

AMENDMENTS

1984 - Pub. L. 98-497 substituted "Archivist" for "Administrator

of General Services".

EFFECTIVE DATE OF 1984 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3102 of this title; title

25 section 458aaa-5.

-End-

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44 USC Sec. 3106 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 31 - RECORDS MANAGEMENT BY FEDERAL AGENCIES

-HEAD-

Sec. 3106. Unlawful removal, destruction of records

-STATUTE-

The head of each Federal agency shall notify the Archivist of any

actual, impending, or threatened unlawful removal, defacing,

alteration, or destruction of records in the custody of the agency

of which he is the head that shall come to his attention, and with

the assistance of the Archivist shall initiate action through the

Attorney General for the recovery of records he knows or has reason

to believe have been unlawfully removed from his agency, or from

another Federal agency whose records have been transferred to his

legal custody. 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.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 98-497,

title I, Sec. 107(b)(21), title II, Sec. 203(b), Oct. 19, 1984, 98

Stat. 2290, 2294.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 396(f) (June 30, 1949, ch.

288, title V, Sec. 506(f), as added Sept. 5, 1950, ch. 849, Sec.

6(d), 64 Stat. 583).

AMENDMENTS

1984 - Pub. L. 98-497, Sec. 107(b)(21), substituted "Archivist"

for "Administrator of General Services" and "Archivist" for

"Administrator".

Pub. L. 98-497, Sec. 203(b), inserted at end "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."

EFFECTIVE DATE OF 1984 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3102 of this title; title

25 section 458aaa-5.

-End-

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44 USC Sec. 3107 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 31 - RECORDS MANAGEMENT BY FEDERAL AGENCIES

-HEAD-

Sec. 3107. Authority of Comptroller General

-STATUTE-

Chapters 21, 25, 27,(!1) 29, and 31 of this title do not limit

the authority of the Comptroller General of the United States with

respect to prescribing accounting systems, forms, and procedures,

or lessen the responsibility of collecting and disbursing officers

for rendition of their accounts for settlement by the General

Accounting Office.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 94-575, Sec.

3(a)(4), Oct. 21, 1976, 90 Stat. 2726.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 396(g) (June 30, 1949, ch.

288, title V, Sec. 506(g), as added Sept. 5, 1950, ch. 849, Sec.

6(d), 64 Stat. 583).

-REFTEXT-

REFERENCES IN TEXT

Chapter 27 of this title, referred to in text, was repealed by

Pub. L. 95-378, Sec. 2(a), Sept. 22, 1978, 92 Stat. 723.

-MISC2-

AMENDMENTS

1976 - Pub. L. 94-575 substituted "Chapters 21, 25, 27, 29, and

31 of this title" for "Sections 2101-2113, 2501-2507, 2701, 2901,

2904-2910, and 3101-3107, of this title".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3102 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-