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

44 U.S.C. § 3102

Establishment of program of management

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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) procedures for identifying records of general interest or use to the public that are appropriate for public disclosure, and for posting such records in a publicly accessible electronic format;(3) 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(4) 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(f), formerly § 9(g), Nov. 26, 2014, 128 Stat. 2014, renumbered § 9(f), Pub. L. 115–85, § 2(a)(5), Nov. 21, 2017, 131 Stat. 1275; Pub. L. 114–185, § 4, June 30, 2016, 130 Stat. 544.)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).

Editorial NotesAmendments

2016—Pars. (2) to (4). Pub. L. 114–185 added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

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.

Statutory Notes and Related SubsidiariesEffective Date of 2016 Amendment

Amendment by Pub. L. 114–185 applicable to any request for records under section 552 of title 5 made after June 30, 2016, see section 6 of Pub. L. 114–185, set out as a note under section 552 of Title 5, Government Organization and Employees.

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.

Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 1979–2025 · leading case: Scott Armstrong v. George Bush, 924 F.2d 282 (D.C. Cir. 1991).
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Scott Armstrong v. George Bush, 924 F.2d 282 (D.C. Cir. 1991). · cites it 2× “It also mandates that the head of each agency “shall establish and maintain” a records management program, 44 U.S.C. § 3102 , and “shall establish safeguards against the removal or loss of records,” 44 U.”
Nesselrode v. United States, 127 Fed. Cl. 421 (Fed. Cl. 2016). · cites it 2× “44 U.S.C. § 3102 Section 3102 of title 44 is captioned “Establishment of program management,” 10 44 U.”
Armstrong v. Exec. Off. of the President, 810 F. Supp. 335 (D.D.C. 1993). · cites it 2× “Therefore, each agency head must “maintain an active, continuing program for the economical and efficient management of the records of the agency,” 44 U.S.C. § 3102 , and establish “safeguards against the removal or loss of records he determines to be necessary and required by…”
Citizens for Responsibility & Ethics in Wash. v. Pruitt, 319 F. Supp. 3d 252 (D.C. Cir. 2018). “See 44 U.S.C. § 3102 . Here, Plaintiffs allege that the Agency's policies fail to incorporate a NARA regulation that requires agencies to "prescribe the creation and maintenance of records that [d]ocument .”
Armstrong v. Exec. Off. of the President, 821 F. Supp. 761 (D.D.C. 1993). “See 44 U.S.C. §§ 3102 , 3105, 2904. In light of these circumstances, it cannot be said that the Defendants have taken “ ‘all reasonable steps within their power to insure compliance’ with the Court’s Orders.”
United States ex rel. Knisely v. Cintas Corp., 298 F.R.D. 229 (E.D. Pa. 2014). “FAC ¶ 54 (citing 44 U.S.C. § 3102 ). The National Archives and Records Administration (“NARA”) oversees each agency’s document and record disposition programs while the GSA is responsible for overseeing economy and efficiency in records management.”
Fund for Animals v. Mainella, 283 F. Supp. 2d 418 (D. Mass. 2003). “See 44 U.S.C. § 3102 (2) (requiring agencies to create management plan to “facilitate .”
Special Couns. ex rel. Kelly Hale v. Dep't of Vets. Affairs (MSPB 2017). · cites it 2× “The Office of Medical Inspection (OMI) assembled and led an agency team to conduct the investigation, after 4 44 U.S.C. § 3102 (a) requires the agency to maintain complete, accurate, timely, clinically-pertinent, and readily accessible patient health records.”
Price v. United States Dep't of Just. (D.D.C. 2019). · cites it 2× “So, what has Price alleged here? Count 1, against the Attorney General, is best read as raising the second two challenges that Armstrong and Pruitt held are subject to judicial review: Price attacks both the Attorney General’s failure to “maintain an active, continuing program…”
Auth. of the Off. of Gov't Ethics to Issue Touhy Regulations (OLC 2001). · cites it 2× “OGE may issue Touhy regulations, insofar as they concern the production of agency records, pursuant to 44 U.S.C. § 3102 . OGE may issue regulations concerning the appearance of agency employees as witnesses on official matters, pursuant to the implied authority of OGE’s organic…”
Citizens for Responsibility & Ethics in Washington v. Pruitt (D.D.C. 2018). “See 44 U.S.C. § 3102 . Here, Plaintiffs allege that the Agency’s policies fail to incorporate a NARA regulation that requires agencies to “prescribe the creation and maintenance of records that [d]ocument .”
Citizens for Responsibility & Ethics in Washington v. U.S. Dep't of Homeland Sec. (D.D.C. 2020). “, 44 U.S.C. § 3102 (1) (instructing “[t]he head of each Federal agency” to “establish and maintain” a records-management program that “shall provide for,” among other things, “effective controls over the creation[,] .”
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