44 Usc 3101

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TITLE 44—PUBLIC PRINTING AND DOCUMENTS
AMENDMENTS

1984—Pub. L. 98–497 substituted ‘‘Archivist’’ for ‘‘Administrator’’.
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.

§ 2908. Regulations
Subject to applicable law, the Archivist shall
promulgate regulations governing the transfer
of records from the custody of one executive
agency to that of another.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1297; Pub.
L. 98–497, title I, § 107(b)(15)(B), Oct. 19, 1984, 98
Stat. 2288.)

Lands, commonly referred to as the ‘‘Freedmen’s Bureau’’, by using—
(1) microfilm technology for preservation of
the documents comprising these records so
that they can be maintained for future generations; and
(2) the results of the pilot project with the
University of Florida to create future partnerships with Howard University and other institutions for the purposes of indexing these
records and making them more easily accessible to the public, including historians, genealogists, and students, and for any other purposes determined by the Archivist.
(Added Pub. L. 106–444, § 2(a), Nov. 6, 2000, 114
Stat. 1929.)
PRIOR PROVISIONS

HISTORICAL AND REVISION NOTES
Based on 44 U.S. Code, 1964 ed., § 395(e) (June 30, 1949,
ch. 288, title V, § 505(e), as added Sept. 5, 1950, ch. 849,
§ 6(d), 64 Stat. 583).
AMENDMENTS
1984—Pub. L. 98–497 substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’.

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.

§ 2909. Retention of records
The Archivist may empower a Federal agency
to retain records for a longer period than that
specified in disposal schedules, and may withdraw disposal authorizations covering records
listed in disposal schedules. The Archivist shall
promulgate regulations in accordance with section 2104(a) of this title to implement this section.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1297; Pub.
L. 91–287, § 4, June 23, 1970, 84 Stat. 322; Pub. L.
98–497, title I, § 107(b)(15)(B), Oct. 19, 1984, 98 Stat.
2288; Pub. L. 108–383, § 2(a), Oct. 30, 2004, 118 Stat.
2218.)
HISTORICAL AND REVISION NOTES
Based on 44 U.S. Code, 1964 ed., § 395(f) (June 30, 1949,
ch. 288, title V, § 505(f), as added Sept. 5, 1950, ch. 849,
§ 6(d), 64 Stat. 583).
AMENDMENTS
2004—Pub. L. 108–383 struck out ‘‘, upon the submission of evidence of need,’’ after ‘‘Federal agency’’, substituted ‘‘, and’’ for ‘‘; and, in accordance with regulations promulgated by him,’’, and inserted at end ‘‘The
Archivist shall promulgate regulations in accordance
with section 2104(a) of this title to implement this section.’’
1984—Pub. L. 98–497 substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’.
1970—Pub. L. 91–287 struck out ‘‘approved by Congress’’ after ‘‘disposal schedules’’ in two places.
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.

of

Freedmen’s

A prior section 2910, Pub. L. 90–620, Oct. 22, 1968, 82
Stat. 1297, provided for final authority of Administrator in records practices, prior to repeal by Pub. L.
94–575, § 2(a)(4), Oct. 21, 1976, 90 Stat. 2726.

CHAPTER 31—RECORDS MANAGEMENT BY
FEDERAL AGENCIES
Sec.

EFFECTIVE DATE OF 1984 AMENDMENT

§ 2910. Preservation
records

§ 3101

Bureau

The Archivist shall preserve the records of the
Bureau of Refugees, Freedmen, and Abandoned

3101.
3102.
3103.
3104.
3105.
3106.
3107.

Records management by agency heads; general duties.
Establishment of program of management.
Transfer of records to records centers.
Certifications and determinations on transferred records.
Safeguards.
Unlawful removal, destruction of records.
Authority of Comptroller General.
AMENDMENTS

1976—Pub. L. 94–575, § 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.

§ 3101. Records management by agency heads;
general duties
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.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1297.)
HISTORICAL AND REVISION NOTES
Based on 44 U.S. Code, 1964 ed., § 396(a) (June 30, 1949,
ch. 288, title V, § 506(a), as added Sept. 5, 1950, ch. 849,
§ 6(d), 64 Stat. 583).
MANAGING GOVERNMENT RECORDS
Memorandum of President of the United States, Nov.
28, 2011, 76 F.R. 75423, provided:
Memorandum for the Heads of Executive Departments and Agencies
SECTION 1. Purpose. This memorandum begins an executive branch-wide effort to reform records management policies and practices. Improving records management will improve performance and promote openness and accountability by better documenting agency
actions and decisions. Records transferred to the National Archives and Records Administration (NARA)
provide the prism through which future generations

§ 3102

TITLE 44—PUBLIC PRINTING AND DOCUMENTS

will understand and learn from our actions and decisions. Modernized records management will also help
executive departments and agencies (agencies) minimize costs and operate more efficiently. Improved
records management thus builds on Executive Order
13589 of November 9, 2011 (Promoting Efficient Spending), which directed agencies to reduce spending and
focus on mission-critical functions.
When records are well-managed, agencies can use
them to assess the impact of programs, to reduce redundant efforts, to save money, and to share knowledge
within and across their organizations. In these ways,
proper records management is the backbone of open
Government.
Decades of technological advances have transformed
agency operations, creating challenges and opportunities for agency records management. Greater reliance
on electronic communication and systems has radically
increased the volume and diversity of information that
agencies must manage. With proper planning, technology can make these records less burdensome to
manage and easier to use and share. But if records
management policies and practices are not updated for
a digital age, the surge in information could overwhelm
agency systems, leading to higher costs and lost
records.
We must address these challenges while using the opportunity to develop a 21st-century framework for the
management of Government records. This framework
will provide a foundation for open Government, leverage information to improve agency performance, and
reduce unnecessary costs and burdens.
SEC. 2. Agency Commitments to Records Management Reform. (a) The head of each agency shall:
(i) ensure that the successful implementation of
records management requirements in law, regulation,
and this memorandum is a priority for senior agency
management;
(ii) ensure that proper resources are allocated to the
effective implementation of such requirements; and
(iii) within 30 days of the date of this memorandum,
designate in writing to the Archivist of the United
States (Archivist), a senior agency official to supervise
the review required by subsection (b) of this section, in
coordination with the agency’s Records Officer, Chief
Information Officer, and General Counsel.
(b) Within 120 days of the date of this memorandum,
each agency head shall submit a report to the Archivist
and the Director of the Office of Management and
Budget (OMB) that:
(i) describes the agency’s current plans for improving
or maintaining its records management program, particularly with respect to managing electronic records,
including email and social media, deploying cloudbased services or storage solutions, and meeting other
records challenges;
(ii) identifies any provisions, or omissions, in relevant statutes, regulations, or official NARA guidance
that currently pose an obstacle to the agency’s adoption of sound, cost-effective records management policies and practices; and
(iii) identifies policies or programs that, if included
in the Records Management Directive required by section 3 of this memorandum or adopted or implemented
by NARA, would assist the agency’s efforts to improve
records management.
The reports submitted pursuant to this subsection
should supplement, and therefore need not duplicate,
information provided by agencies to NARA pursuant to
other reporting obligations.
SEC. 3. Records Management Directive. (a) Within 120
days of the deadline for reports submitted pursuant to
section 2(b) of this memorandum, the Director of OMB
and the Archivist, in coordination with the Associate
Attorney General, shall issue a Records Management
Directive that directs agency heads to take specific
steps to reform and improve records management policies and practices within their agency. The directive
shall focus on:
(i) creating a Government-wide records management
framework that is more efficient and cost-effective;

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(ii) promoting records management policies and practices that enhance the capability of agencies to fulfill
their statutory missions;
(iii) maintaining accountability through documentation of agency actions;
(iv) increasing open Government and appropriate
public access to Government records;
(v) supporting agency compliance with applicable
legal requirements related to the preservation of information relevant to litigation; and
(vi) transitioning from paper-based records management to electronic records management where feasible.
(b) In the course of developing the directive, the Archivist, in coordination with the Director of OMB and
the Associate Attorney General, shall review relevant
statutes, regulations, and official NARA guidance to
identify opportunities for reforms that would facilitate
improved Government-wide records management practices, particularly with respect to electronic records.
The Archivist, in coordination with the Director of
OMB and the Associate Attorney General, shall present
to the President the results of this review, no later
than the date of the directive’s issuance, to facilitate
potential updates to the laws, regulations, and policies
governing the management of Federal records.
(c) In developing the directive, the Director of OMB
and the Archivist, in coordination with the Associate
Attorney General, shall consult with other affected
agencies, interagency groups, and public stakeholders.
SEC. 4. General Provisions. (a) This memorandum shall
be implemented consistent with applicable law and subject to the availability of appropriations.
(b) Nothing in this memorandum shall be construed
to impair or otherwise affect:
(i) authority granted by law to a department or agency, or the head thereof; or
(ii) functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
SEC. 5. Publication. The Archivist is hereby authorized
and directed to publish this memorandum in the Federal Register.
BARACK OBAMA.

§ 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 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.
(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.)
HISTORICAL AND REVISION NOTES
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).