CHAPTER 29—RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED STATES AND BY THE ADMINISTRATOR OF GENERAL SERVICES

        

        

Editorial Notes

Amendments

2021—Pub. L. 116–283, div. H, title XCVI, §9602(b)(4), Jan. 1, 2021, 134 Stat. 4829, added item 2912.

2017—Pub. L. 115–85, §2(a)(4), Nov. 21, 2017, 131 Stat. 1275, repealed Pub. L. 113–187, §9(f)(1). See 2014 Amendment note below.

2014—Pub. L. 113–187, §9(f)(1), Nov. 26, 2014, 128 Stat. 2014, which directed striking out "AND BY THE ADMINISTRATOR OF GENERAL SERVICES" in chapter heading, was repealed by Pub. L. 115–85, §2(a)(4), (b), Nov. 21, 2017, 131 Stat. 1275, effective as if included in Pub. L. 113–187.

Pub. L. 113–187, §§9(b)(2), 10(b), Nov. 26, 2014, 128 Stat. 2013–2015, inserted "or digitization" after "microfilming" in item 2907 and added item 2911.

2000—Pub. L. 106–444, §2(b), Nov. 6, 2000, 114 Stat. 1929, added item 2910.

1984—Pub. L. 98–497, title I, §107(b)(18)(A), Oct. 19, 1984, 98 Stat. 2290, inserted "THE ARCHIVIST OF THE UNITED STATES AND BY THE" in chapter heading.

1976—Pub. L. 94–575, §2(b), Oct. 21, 1976, 90 Stat. 2726, substituted "Objectives of records management" for "Records management, surveys, and reports" in item 2902, "General responsibilities of Administrator" for "Records management by Administrator; duties generally" in item 2904, "Inspection of agency records" for "Personal inspection and survey of records" in item 2906, "Records centers and centralized microfilming services" for "Records centers for storage, process, and servicing of records" in item 2907, reenacted without change items 2901, 2903, 2905, 2908, and 2909, and struck out item 2910 "Final authority of Administrator in records practices".

¹ Section catchline amended by Pub. L. 98–497 without corresponding amendment of chapter analysis.

§2901. Definitions

As used in this chapter, and chapters 21, 25, 31, and 33 of this title—

(1) the term "records" has the meaning given it by section 3301 of this title;

(2) the term "records management" means the planning, controlling, directing, organizing, training, promoting, and other managerial activities involved with respect to records creation, records maintenance and use, and records disposition in order to achieve adequate and proper documentation of the policies and transactions of the Federal Government and effective and economical management of agency operations;

(3) the term "records creation" means the production or reproduction of any record;

(4) the term "records maintenance and use" means any activity involving—

(A) location of records of a Federal agency;

(B) storage, retrieval, and handling of records kept at office file locations by or for a Federal agency;

(C) processing of mail by a Federal agency; or

(D) selection and utilization of equipment and supplies associated with records and copying;

(5) the term "records disposition" means any activity with respect to—

(A) disposal of temporary records no longer necessary for the conduct of business by destruction or donation;

(B) transfer of records to Federal agency storage facilities or records centers;

(C) transfer to the National Archives of the United States of records determined to have sufficient historical or other value to warrant continued preservation; or

(D) transfer of records from one Federal agency to any other Federal agency;

(6) the term "records center" means an establishment maintained and operated by the Archivist or by another Federal agency primarily for the storage, servicing, security, and processing of records which need to be preserved for varying periods of time and need not be retained in office equipment or space;

(7) the term "records management study" means an investigation and analysis of any Federal agency records, or records management practices or programs (whether manual or automated), with a view toward rendering findings and recommendations with respect thereto;

(8) the term "inspection" means reviewing any Federal agency's records or records management practices or programs with respect to effectiveness and compliance with records management laws and making necessary recommendations for correction or improvement of records management;

(9) the term "servicing" means making available for use information in records and other materials in the custody of the Archivist, or in a records center—

(A) by furnishing the records or other materials, or information from them, or copies or reproductions thereof, to any Federal agency for official use, or to the public; or

(B) by making and furnishing authenticated or unauthenticated copies or reproductions of the records or other materials;

(10) the term "unauthenticated copies" means exact copies or reproductions of records or other materials that are not certified as such under seal and that need not be legally accepted as evidence;

(11) the term "National Archives of the United States" means those official records which have been determined by the Archivist of the United States to have sufficient historical or other value to warrant their continued preservation by the Federal Government, and which have been accepted by the Archivist for deposit in the Archivist's custody;

(12) the term "Archivist" means the Archivist of the United States;

(13) the term "executive agency" shall have the meaning given such term by section 102 of title 40;

(14) the term "Federal agency" means any executive agency or any establishment in the legislative or judicial branch of the Government (except the Supreme Court, the Senate, the House of Representatives, and the Architect of the Capitol and any activities under the direction of the Architect of the Capitol);

(15) the term "electronic messages" means electronic mail and other electronic messaging systems that are used for purposes of communicating between individuals; and

(16) the term "electronic records management system" means software designed to manage electronic records, including by—

(A) categorizing and locating records;

(B) ensuring that records are retained as long as necessary;

(C) identifying records that are due for disposition; and

(D) ensuring the storage, retrieval, and disposition of records.

(Added Pub. L. 94–575, §2(a)(1), Oct. 21, 1976, 90 Stat. 2723; amended Pub. L. 98–497, title I, §107(b)(13), Oct. 19, 1984, 98 Stat. 2287; Pub. L. 107–217, §3(l)(2), Aug. 21, 2002, 116 Stat. 1301; Pub. L. 113–187, §8(6), Nov. 26, 2014, 128 Stat. 2012; Pub. L. 116–283, div. H, title XCVI, §9602(b)(5), Jan. 1, 2021, 134 Stat. 4829.)

Editorial Notes

Prior Provisions

A prior section 2901, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1295, related to definitions, prior to repeal by Pub. L. 94–575, §2(a)(1).

Amendments

2021—Pars. (15), (16). Pub. L. 116–283 added pars. (15) and (16) and struck out former par. (15) which defined "Administrator".

2014—Par. (11). Pub. L. 113–187 substituted "the Archivist's" for "his".

2002—Par. (13). Pub. L. 107–217 substituted "section 102 of title 40" for "section 3(a) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472(a))".

1984—Pub. L. 98–497, §107(b)(13)(A), struck out reference to chapter 27 in provisions preceding par. (1).

Par. (2). Pub. L. 98–497, §107(b)(13)(B), inserted "in order to achieve adequate and proper documentation of the policies and transactions of the Federal Government and effective and economical management of agency operations".

Pars. (6), (9), (11). Pub. L. 98–497, §107(b)(13)(C), substituted "Archivist" for "Administrator".

Par. (12). Pub. L. 98–497, §107(b)(13)(D), substituted "Archivist" and "Archivist of the United States" for "Administrator" and "Administrator of General Services", respectively. See par. (15) of this section.

Par. (13). Pub. L. 98–497, §107(b)(13)(D), struck out references to "Federal agency" and to subsec. (b) of section 3 of the Federal Property and Administrative Services Act of 1949. See par. (14) of this section.

Pars. (14), (15). Pub. L. 98–497, §107(b)(13)(D), added pars. (14) and (15).

Statutory Notes and Related Subsidiaries

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.

Records Center Revolving Fund

Pub. L. 106–58, title IV, [(a)–(e)], Sept. 29, 1999, 113 Stat. 460, 461, as amended by Pub. L. 108–383, §3, Oct. 30, 2004, 118 Stat. 2218, provided that:

"(a) Establishment of Fund.—There is hereby established in the Treasury a revolving fund to be available for expenses (including expenses for uniforms or allowances for uniforms as authorized by subchapter I of chapter 59 of title 5 [United States Code]) and equipment necessary to provide for storage and related services for all temporary and pre-archival Federal records, which are to be stored or stored at Federal National and Regional Records Centers by agencies and other instrumentalities of the Federal Government. The Fund shall be available without fiscal year limitation for expenses necessary for operation of these activities.

"(b) Start-Up Capital.—

"(1) There is appropriated $22,000,000 as initial capitalization of the Fund.

"(2) In addition, the initial capital of the Fund shall include the fair and reasonable value at the Fund's inception of the inventories, equipment, receivables, and other assets, less the liabilities, transferred to the Fund. The Archivist of the United States is authorized to accept inventories, equipment, receivables and other assets from other Federal entities that were used to provide for storage and related services for temporary and pre-archival Federal records.

"(c) User Charges.—The Fund shall be credited with user charges received from other Federal Government accounts as payment for providing personnel, storage, materials, supplies, equipment, and services as authorized by subsection (a). Such payments may be made in advance or by way of reimbursement. The rates charged will return in full the expenses of operation, including reserves for accrued annual leave, worker's compensation, depreciation of capitalized equipment and shelving, and amortization of information technology software and systems.

"(d) Funds Returned to Miscellaneous Receipts of the Department of the Treasury.—

"(1) In addition to funds appropriated to and assets transferred to the Fund in subsection (b), an amount not to exceed 4 percent of the total annual income may be retained in the Fund as an operating reserve or for the replacement or acquisition of capital equipment, including shelving, and the improvement and implementation of the financial management, information technology, and other support systems of the National Archives and Records Administration.

"(2) Funds in excess of the 4 percent at the close of each fiscal year shall be returned to the Treasury of the United States as miscellaneous receipts.

"(e) Reporting Requirement.—The National Archives and Records Administration shall provide quarterly reports to the Committees on Appropriations and Governmental Affairs of the Senate, and the Committees on Appropriations and Government Reform [now Committee on Oversight and Accountability] of the House of Representatives on the operation of the Records Center Revolving Fund."

Federal Records Management Provisions Without Effect on Authorities and Responsibilities of Administrator of General Services, Joint Committee, or Government Publishing Office

Pub. L. 94–575, §5, Oct. 21, 1976, 90 Stat. 2727, as amended by Pub. L. 113–235, div. H, title I, §1301(b), Dec. 16, 2014, 128 Stat. 2537, provided that:

"(a) The provisions of this Act [see Short Title of 1976 Amendment note set out under section 101 of this title] relating to the authority of the Administrator of General Services do not limit or repeal additional authorities provided by statute or otherwise recognized by law.

"(b) The provisions of this Act do not limit or repeal the authority or responsibilities of the Joint Committee on Printing or the Government Publishing Office under chapters 1 through 19 of title 44, United States Code."

§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 or the Administrator 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; Pub. L. 115–85, §2(a)(1), Nov. 21, 2017, 131 Stat. 1274.)

Editorial Notes

Prior Provisions

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.

Amendments

2017—Par. (7). Pub. L. 115–85, §2(a)(1), amended Pub. L. 113–187, §9(a)(3). See 2014 Amendment note below.

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), as amended by Pub. L. 115–85, §2(a)(1), substituted "the Archivist or the Administrator" for "the Administrator or the Archivist".

1984—Par. (7). Pub. L. 98–497 inserted "or the Archivist" after "Administrator".

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–85, §2(b), Nov. 21, 2017, 131 Stat. 1275, provided that: "The amendments made by this section [amending this section and sections 2904, 2906, and 3102 of this title] shall take effect as if included in the Presidential and Federal Records Act Amendments of 2014 (Public Law 113–187)."

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.

Access for Veterans to Records

Pub. L. 117–263, div. E, title LIII, §5301, Dec. 23, 2022, 136 Stat. 3248, provided that:

"(a) Plan to Eliminate Records Backlog at the National Personnel Records Center.—

"(1) Plan required.—Not later than 60 days after the date of the enactment of this Act [Dec. 23, 2022], the Archivist of the United States shall submit to the appropriate congressional committees a comprehensive plan for reducing the backlog of requests for records from the National Personnel Records Center and improving the efficiency and responsiveness of operations at the National Personnel Records Center, that includes, at a minimum, the following:

"(A) An estimate of the number of backlogged record requests for veterans.

"(B) Target timeframes to reduce the backlog.

"(C) A detailed plan for using existing funds to improve the information technology infrastructure, including secure access to appropriate agency Federal records, to prevent future backlogs.

"(D) Actions to improve customer service for requesters.

"(E) Measurable goals with respect to the comprehensive plan and metrics for tracking progress toward such goals.

"(F) Strategies to prevent future record request backlogs, including backlogs caused by an event that prevents employees of the Center from reporting to work in person.

"(2) Updates.—Not later than 90 days after the date on which the comprehensive plan is submitted under paragraph (1), and biannually thereafter until the response rate by the National Personnel Records Center reaches 90 percent of all requests in 20 days or less, not including any request involving a record damaged or lost in the National Personnel Records Center fire of 1973 or any request that is subject to a fee that has not been paid in a timely manner by the requestor (provided the National Personnel Records Center issues an invoice within 20 days after the date on which the request is made), the Archivist of the United States shall submit to the appropriate congressional committees an update of such plan that—

"(A) describes progress made by the National Personnel Records Center during the preceding 90-day period with respect to record request backlog reduction and efficiency and responsiveness improvement;

"(B) provides data on progress made toward the goals identified in the comprehensive plan; and

"(C) describes any changes made to the comprehensive plan.

"(3) Consultation requirement.—In carrying out paragraphs (1) and (2), the Archivist of the United States shall consult with the Secretary of Veterans Affairs.

"(4) Appropriate congressional committees defined.—In this subsection, the term 'appropriate congressional committees' means—

"(A) the Committee on Oversight and Reform [now Committee on Oversight and Accountability], the Committee on Veterans' Affairs, and the Committee on Appropriations of the House of Representatives; and

"(B) the Committee on Homeland Security and Governmental Affairs, the Committee on Veterans' Affairs, and the Committee on Appropriations of the Senate.

"(b) Additional Funding to Address Records Backlog.—

"(1) Authorization of appropriations.—In addition to amounts otherwise available, there is authorized to be appropriated to the National Archives and Records Administration, $60,000,000 to address backlogs in responding to requests from veterans for military personnel records, improve cybersecurity, improve digital preservation and access to archival Federal records, and address backlogs in requests made under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act). Such amounts may also be used for the Federal Records Center Program.

"(2) Requirement to maintain in-person staffing levels.—Subject to the availability of appropriations, and not later than 30 days after the date of the enactment of this Act [Dec. 23, 2022], the Archivist of the United States shall ensure, to the extent practicable, that the National Personnel Records Center maintains staffing levels and telework arrangements that enable the maximum processing of records requests possible in order to achieve the performance goal of responding to 90 percent of all requests in 20 days or less, not including any request involving a record damaged or lost in the National Personnel Records Center fire of 1973 or any request that is subject to a fee that has not been paid in a timely manner by the requestor (provided the National Personnel Records Center issues an invoice within 20 days after the date on which the request is made).

"(3) Inspector general reporting.—The Inspector General for the National Archives and Records Administration shall, for two years following the date of the enactment of this Act, include in every semiannual report submitted to Congress pursuant to the Inspector General Act of 1978 ([former] 5 U.S.C. App.) [see 5 U.S.C. 401 et seq.], a detailed summary of—

"(A) efforts taken by the National Archives and Records Administration to address the backlog of records requests at the National Personnel Records Center; and

"(B) any recommendations for action proposed by the Inspector General related to reducing the backlog of records requests at the National Personnel Records Center and the status of compliance with those recommendations by the National Archives and Records Administration."

§2903. Custody and control of property

(a) The Archivist shall have immediate custody and control of the National Archives Building and its contents, and may design, construct, purchase, lease, maintain, operate, protect, and improve buildings used by him for the storage of records of Federal agencies in the District of Columbia and elsewhere.

(b) When the Archivist considers it to be in the public interest, the Archivist may charge and collect reasonable fees from the public for the occasional, non-official use of rooms and spaces, and services related to such use, in the buildings subject to this section. Fees collected under this subsection shall be paid into an account in the National Archives Trust Fund and shall be held, administered, and expended for the benefit and in the interest of the national archival and records activities administered by the National Archives and Records Administration, including educational and public program purposes.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1296; Pub. L. 98–497, title I, §107(b)(15)(A), Oct. 19, 1984, 98 Stat. 2288; Pub. L. 108–383, §4(b), Oct. 30, 2004, 118 Stat. 2218.)

Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §392 (June 30, 1949, ch. 288, title V, §502, as added Sept. 5, 1950, ch. 849, §6(d), 64 Stat. 583).

Editorial Notes

Amendments

2004—Pub. L. 108–383 designated existing provisions as subsec. (a) and added subsec. (b).

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

Statutory Notes and Related Subsidiaries

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.

§2904. General responsibilities for records management

(a) The Archivist shall provide guidance and assistance to Federal agencies with respect to ensuring—

(1) economical and effective records management;

(2) adequate and proper documentation of the policies and transactions of the Federal Government; and

(3) proper records disposition.

(b) The Administrator shall provide guidance and assistance to Federal agencies to ensure economical and effective processing of mail by Federal agencies.

(c) In carrying out the responsibilities under subsection (a), the Archivist shall have the responsibility—

(1) to promulgate standards, procedures, and guidelines with respect to records management and the conduct of records management studies;

(2) to conduct research with respect to the improvement of records management practices and programs;

(3) to collect and disseminate information on training programs, technological developments, and other activities relating to records management;

(4) to establish such interagency committees and boards as may be necessary to provide an exchange of information among Federal agencies with respect to records management;

(5) to direct the continuing attention of Federal agencies and the Congress on the need for adequate policies governing records management;

(6) to conduct records management studies and, in the Archivist's discretion, designate the heads of executive agencies to conduct records management studies with respect to establishing systems and techniques designed to save time and effort in records management;

(7) to conduct inspections or surveys of the records and the records management programs and practices within and between Federal agencies;

(8) to report to the appropriate oversight and appropriations committees of the Congress and to the Director of the Office of Management and Budget in January of each year and at such other times as the Archivist deems desirable—

(A) on the results of activities conducted pursuant to paragraphs (1) through (7) of this section,

(B) on evaluations of responses by Federal agencies to any recommendations resulting from inspections or studies conducted under paragraphs (6) and (7) of this section, and

(C) to the extent practicable, estimates of costs to the Federal Government resulting from the failure of agencies to implement such recommendations.

(d) The Archivist shall promulgate regulations requiring all Federal agencies to transfer all digital or electronic records to the National Archives of the United States in digital or electronic form to the greatest extent possible.

(e) The Administrator, in carrying out subsection (b), shall have the responsibility to promote economy and efficiency in the selection and utilization of space, staff, equipment, and supplies for processing mail at Federal facilities.

(Added Pub. L. 94–575, §2(a)(2), Oct. 21, 1976, 90 Stat. 2725; amended Pub. L. 96–511, §2(c)(1), Dec. 11, 1980, 94 Stat. 2825; Pub. L. 98–497, title I, §107(b)(16), Oct. 19, 1984, 98 Stat. 2288; Pub. L. 113–187, §§8(7), 9(c), Nov. 26, 2014, 128 Stat. 2012, 2013; Pub. L. 115–85, §2(a)(2), Nov. 21, 2017, 131 Stat. 1274.)

Editorial Notes

Prior Provisions

A prior section 2904, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1296, contained provisions similar to those comprising pars. (1) and (2) of this section, prior to repeal by Pub. L. 94–575, §2(a)(2).

Provisions similar to those comprising pars. (8) to (10) of this section were contained in section 2902, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1296, prior to repeal by Pub. L. 94–575, §2(a)(1).

Amendments

2017—Pub. L. 115–85, §2(a)(2), amended Pub. L. 113–187, §9(c). See 2014 Amendment notes below.

2014—Subsec. (a). Pub. L. 113–187, §9(c)(1), as amended by Pub. L. 115–85, §2(a)(2)(A), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The Archivist shall provide guidance and assistance to Federal agencies with respect to ensuring adequate and proper documentation of the policies and transactions of the Federal Government and ensuring proper records disposition."

Subsec. (b). Pub. L. 113–187, §9(c)(2), as added by Pub. L. 115–85, §2(a)(2)(C), substituted "effective processing of mail by Federal agencies" for "effective records management by such agencies".

Subsec. (c). Pub. L. 113–187, §9(c)(3)(A), formerly §9(c)(2)(A), as renumbered and amended by Pub. L. 115–85, §2(c)(2)(B), (D)(i), substituted "the responsibilities under subsection (a), the Archivist shall have" for "their responsibilities under subsection (a) or (b), respectively, the Archivist and the Administrator shall each have" in introductory provisions.

Subsec. (c)(6). Pub. L. 113–187, §8(7), substituted "the Archivist's" for "his".

Subsec. (c)(8). Pub. L. 113–187, §9(c)(3)(B), formerly §9(c)(2)(B), as renumbered and amended by Pub. L. 115–85, §2(a)(2)(B), (D)(ii), struck out "or the Administrator (as the case may be)" after "Archivist".

Subsec. (d). Pub. L. 113–187, §9(c)(4), formerly §9(c)(3), as renumbered and amended by Pub. L. 115–85, §2(c)(2)(B), (E), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "In addition, the Administrator, in carrying out subsection (b), shall have the responsibility to promote economy and efficiency in the selection and utilization of space, staff, equipment, and supplies for records management."

Subsec. (e). Pub. L. 113–187, §9(c)(5), as added by Pub. L. 115–85, §2(a)(2)(F), added subsec. (e).

1984—Pub. L. 98–497 substituted "for records management" for "of Administrator" in section catchline.

Subsec. (a). Pub. L. 98–497 designated existing first sentence as subsec. (a) and substituted "Archivist" for "Administrator" and "ensuring adequate and proper documentation of the policies and transactions of the Federal Government and ensuring proper records disposition" for "records creation, records maintenance and use, and records disposition".

Subsec. (b). Pub. L. 98–497 added subsec. (b).

Subsec. (c). Pub. L. 98–497 designated existing second sentence as subsec. (c), substituted "In carrying out the responsibilities under subsection (a) or (b), respectively" for "In providing such guidance and assistance,", and inserted reference to Archivist in text preceding par. (1).

Subsec. (c)(1). Pub. L. 98–497 redesignated par. (2) as (1). Provisions contained in former par. (1) are now contained substantially in subsec. (d).

Subsec. (c)(2). Pub. L. 98–497 redesignated par. (3) as (2). Former par. (2) redesignated (1).

Subsec. (c)(3). Pub. L. 98–497 redesignated par. (6) as (3) and inserted "to collect and", "training programs", and "other activities". Former par. (3) redesignated (2).

Subsec. (c)(4). Pub. L. 98–497 redesignated par. (5) as (4). Former par. (4), which read "serve as a clearinghouse for information with respect to records management and as a central source for reference and training materials with respect to records management", was struck out.

Subsec. (c)(5). Pub. L. 98–497 redesignated par. (7) as (5) and struck out "the burden placed on the Federal Government by unnecessary paperwork" after "Congress on", "creation" before "maintenance", and "and use, and disposition" after "maintenance". Former par. (5) redesignated (4).

Subsec. (c)(6). Pub. L. 98–497 redesignated par. (8) as (6) and struck out "with particular attention given to standards and procedures governing records creation" at end. Former par. (6) redesignated (3).

Subsec. (c)(7). Pub. L. 98–497 redesignated par. (9) as (7) and substituted "surveys of the records and the records management programs and practices within and between Federal agencies" for "records management studies which involve a review of the programs and practices of more than one Federal agency and which examine interaction among and relationships between Federal agencies with respect to records and records management". Former par. (7) redesignated (5).

Subsec. (c)(8). Pub. L. 98–497 redesignated par. (10) as (8) and inserted "in January of each year", "the Archivist or", and substituted "(7)" for "(9)" and "(6)" and "(7)" for "(8)" and "(9)", respectively, in subpars. (A) and (B).

Subsec. (c)(9), (10). Pub. L. 98–497 redesignated pars. (9) and (10) as (7) and (8), respectively.

Subsec. (d). Pub. L. 98–497 added subsec. (d).

1980—Par. (10). Pub. L. 96–511 prescribed that the report be to appropriate oversight and appropriations committees, incorporated existing provisions in cls. (A) and (B) and added cl. (C).

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Amendment by Pub. L. 115–85 effective as if included in Pub. L. 113–187, see section 2(b) of Pub. L. 115–85, set out as a note under section 2902 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.

Effective Date of 1980 Amendment

Pub. L. 96–511, §5, Dec. 11, 1980, 94 Stat. 2826, provided: "This Act [enacting chapter 35 of this title, amending this section, section 2905 of this title, section 5315 of Title 5, Government Organization and Employees, section 1221–3 of Title 20, Education, section 1211 of Title 30, Mineral Lands and Mining, and section 292h of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under sections 101 and 3503 of this title] shall take effect on April 1, 1981."

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report to appropriate oversight and appropriations committees of Congress under subsec. (c)(8) of this section is listed as the 9th item on page 173 and as the 5th item on page 180), see section 3003 of Pub. L. 104–66, as amended, and section 1(a)(4) [div. A, §1402(1)] of Pub. L. 106–554, set out as notes under section 1113 of Title 31, Money and Finance.

§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.)

Historical and Revision Notes

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).

Editorial Notes

Amendments

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).

Statutory Notes and Related Subsidiaries

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.

Effective Date of 1980 Amendment

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.

§2906. Inspection of agency records

(a)(1) In carrying out the duties and responsibilities under this chapter, the Archivist (or the the ¹ Archivist's designee) may inspect the records or the records management practices and programs of any Federal agency for the purpose of rendering recommendations for the improvement of records management practices and programs and for determining whether the records of Federal agencies have sufficient value to warrant continued preservation or lack sufficient value to justify continued preservation. Officers and employees of such agencies shall cooperate fully in such inspections, subject to the provisions of paragraphs (2) and (3) of this subsection.

(2) Records, the use of which is restricted by law or for reasons of national security or the public interest, shall be inspected, in accordance with regulations promulgated by the Archivist, subject to the approval of the head of the agency concerned or of the President.

(3) If the Archivist (or the Archivist's designee) inspects a record, as provided in this subsection, which is contained in a system of records which is subject to section 552a of title 5, such record shall be—

(A) maintained by the Archivist or such designee as a record contained in a system of records; or

(B) deemed to be a record contained in a system of records for purposes of subsections (b), (c), and (i) of section 552a of title 5.

(b) In conducting the inspection of agency records provided for in subsection (a) of this section, the Archivist (or the Archivist's designee) shall, in addition to complying with the provisions of law cited in subsection (a)(3), comply with all other Federal laws and be subject to the sanctions provided therein.

(c) The Administrator (or the Administrator's designee) may inspect the mail processing practices and programs of any Federal agency for the purpose of rendering recommendations for the improvement of mail processing practices and programs. Officers and employees of such agencies shall cooperate fully in such inspections of mail processing practices and programs.

(Added Pub. L. 94–575, §2(a)(3), Oct. 21, 1976, 90 Stat. 2725; amended Pub. L. 98–497, title I, §107(b)(17), Oct. 19, 1984, 98 Stat. 2289; Pub. L. 113–187, §9(d), Nov. 26, 2014, 128 Stat. 2013; Pub. L. 115–85, §2(a)(3), Nov. 21, 2017, 131 Stat. 1275.)

Editorial Notes

Prior Provisions

A prior section 2906, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1297, contained provisions similar to those comprising subsec. (a)(1) and (2) of this section, prior to repeal by Pub. L. 94–575, §2(a)(3).

Amendments

2017—Subsec. (c). Pub. L. 115–85, §2(a)(3), added Pub. L. 113–187, §9(d)(3). See 2014 Amendment note below.

2014—Subsec. (a)(1). Pub. L. 113–187, §9(d)(1)(A), substituted "the duties" for "their respective duties" and "the Archivist's designee" for "designee of either", struck out "the Administrator of General Services and" before "the Archivist" and "solely" after "any Federal agency", and inserted "and for determining whether the records of Federal agencies have sufficient value to warrant continued preservation or lack sufficient value to justify continued preservation" after "for the improvement of records management practices and programs".

Subsec. (a)(2). Pub. L. 113–187, §9(d)(1)(B), struck out "the Administrator and" before "the Archivist" and "The regulations promulgated by the Administrator and the Archivist under this paragraph shall, to the extent practicable, be identical." at end.

Subsec. (a)(3). Pub. L. 113–187, §9(d)(1)(C), in introductory provisions, struck out "the Administrator or" before "the Archivist" and substituted "Archivist's designee" for "designee of either" and, in subpar. (A), substituted "the Archivist" for "the Administrator, the Archivist,".

Subsec. (b). Pub. L. 113–187, §9(d)(2), struck out "the Administrator and" before "the Archivist" and substituted "Archivist's designee" for "designee of either".

Subsec. (c). Pub. L. 113–187, §9(d)(3), as added by Pub. L. 115–85, §2(a)(3), added subsec. (c).

1984—Pub. L. 98–497 inserted reference to Archivist in four places in subsecs. (a) and (b) and inserted at end of subsec. (b)(2) "The regulations promulgated by the Administrator and the Archivist under this paragraph shall, to the extent practicable, be identical."

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Amendment by Pub. L. 115–85 effective as if included in Pub. L. 113–187, see section 2(b) of Pub. L. 115–85, set out as a note under section 2902 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.

¹ So in original.

§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.)

Editorial Notes

Prior Provisions

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).

Amendments

2014—Pub. L. 113–187 inserted "or digitization" after "microfilming" in section catchline and text.

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

Statutory Notes and Related Subsidiaries

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.)

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).

Editorial Notes

Amendments

1984—Pub. L. 98–497 substituted "Archivist" for "Administrator of General Services".

Statutory Notes and Related Subsidiaries

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.

§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).

Editorial Notes

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.

Statutory Notes and Related Subsidiaries

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.

§2910. Preservation of Freedmen's Bureau records

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

Editorial Notes

Prior Provisions

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.

§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.)

§2912. Preservation of electronic messages and other records

(a) Regulations Required.—The Archivist shall promulgate regulations governing Federal agency preservation of electronic messages that are determined to be records. Such regulations shall, at a minimum—

(1) require the electronic capture, management, and preservation of such electronic records in accordance with the records disposition requirements of chapter 33;

(2) require that such electronic records are readily accessible for retrieval through electronic searches; and

(3) include timelines for Federal agency implementation of the regulations that ensure compliance as expeditiously as practicable.

(b) Coverage of Other Electronic Records.—To the extent practicable, the regulations promulgated under subsection (a) shall also include requirements for the capture, management, and preservation of other electronic records.

(c) Review of Regulations Required.—The Archivist shall periodically review and, as necessary, amend the regulations promulgated under subsection (a).

(Added Pub. L. 116–283, div. H, title XCVI, §9602(b)(1), Jan. 1, 2021, 134 Stat. 4828.)

Statutory Notes and Related Subsidiaries

Deadline for Regulations

Pub. L. 116–283, div. H, title XCVI, §9602(b)(2), Jan. 1, 2021, 134 Stat. 4828, provided that: "Not later than one year after the date of the enactment of this Act [Jan. 1, 2021], the Archivist shall propose the regulations required under section 2912(a) of title 44, United States Code, as added by paragraph (1)."