U.S. Code » Title 44 » Chapter CHAPTER 31— RECORDS MANAGEMENT BY FEDERAL AGENCIES

44 U.S.C. § 3101

Records management by agency heads; general duties

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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.

Notes of Decisions
Cited in 68 cases (19 in the last 5 years), 1975–2026 · leading case: Am. Friends Serv. Comm. v. William H. Webster, Dir., Fed. Bureau of Investigation, (Three Cases), 720 F.2d 29 (D.C. Cir. 1983).
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Am. Friends Serv. Comm. v. William H. Webster, Dir., Fed. Bureau of Investigation, (Three Cases), 720 F.2d 29 (D.C. Cir. 1983). · cites it 9× “This case, on the other hand, involves allegations of unauthorized records destruction and is based on the protections of 44 U.S.C. §§ 3101 , 3303, 3303a. Moreover, the allegedly illegal *41 destruction is attributed to the very agencies in charge of filing suit to protect the…”
Rohrbough v. Harris, 549 F.3d 1313 (10th Cir. 2008). · cites it 6× “§ 3301 even though the record-preservation duty imposed on federal agencies by 44 U.S.C. § 3101 does not encompass everything defined as a record in § 3301.”
Jud. Watch, Inc. v. United States Dep't of Def., 847 F.3d 735 (D.C. Cir. 2017). · cites it 2× “Finally, Judicial Watch insists that the Secretary must have adopted the Lumpkin Memo to satisfy his recordkeeping obligations under 44 U.S.C. § 3101 . See 44 U.S.C. § 3101 (requiring the “head of each [f]ederal agency” to “make and preserve records containing adequate and…”
Citizens for Responsibility & Ethics in Wash. v. U.S. Dep't of Homeland Sec., 387 F. Supp. 3d 33 (D.C. Cir. 2019). · cites it 5× “" 44 U.S.C. § 3101 . Under the FRA's implementing regulations, agencies must prescribe the creation of records that "document the persons, places, things, or matters dealt with by the agency," 36 C.”
Citizens for Responsibility & Ethics in Wash. v. Pruitt, 319 F. Supp. 3d 252 (D.C. Cir. 2018). · cites it 2× “2d at 41 (quoting 44 U.S.C. § 3101 ). Given the multitude of records that may require creation, it is also safe to assume that Congress did not intend the Archivist's monitoring capabilities to completely protect against all improper agency practices.”
Hobson v. Wilson, 737 F.2d 1 (D.C. Cir. 1984). “44 U.S.C. § 3101 (1976) provides: 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…”
Smith v. United States, 475 F. Supp. 2d 1 (D.D.C. 2006). · cites it 2× “Finally, Plaintiffs allege violations of federal record-keeping laws contained at 44 U.S.C. § 3101 , 44 U.S.C. § 3106 , and 36 C.”
Competitive Enter. Inst. v. Off. of Sci. & Tech. Policy, 241 F. Supp. 3d 14 (D.D.C. 2017). “] ” 44 U.S.C. § 3101 . Not all documents in an agency’s possession qualify as “records” under the FRA.”
North v. Smarsh, Inc., 160 F. Supp. 3d 63 (D.D.C. 2015). · cites it 2× “, and records-management provisions at 44 U.S.C. §§ 3101 and 3106, as possible sources of federal question jurisdiction.”
Wolf v. Cent. Intelligence Agency, 569 F. Supp. 2d 1 (D.D.C. 2008). “, the Records Management by Federal Agencies Act, 44 U.S.C. § 3101 et seq., and the Disposal of Records Act, 44 U.”
Citizens for Responsibility & Ethics in Washington v. U.S. Sec. & Exch. Comm'n, 916 F. Supp. 2d 141 (D.D.C. 2013). “” 44 U.S.C. § 3101 . Each agency head shall also “establish safeguards against the removal or loss of records he determines to be necessary and required by regulations of the Archivist [the head of the National Ar *146 chives and Records Administration].”
Scott Armstrong v. George Bush, 924 F.2d 282 (D.C. Cir. 1991). “rovided in staff meetings in which recordkeeping responsibilities were discussed? Did appellants consistently advise their staff that particular types of documents—such as PROFS notes or calendars—are or are not records? With answers to such questions, which can be obtained…”
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