44 U.S.C. § 3314
Procedures for disposal of records exclusive
The procedures prescribed by this chapter are exclusive, and records of the United States Government may not be alienated or destroyed except under this chapter.
Notes of Decisions
Cited in 20
cases (3 in the last 5 years), 1975–2025 · leading case: Rohrbough v. Harris, 549 F.3d 1313 (10th Cir. 2008).
Rohrbough v. Harris, 549 F.3d 1313 (10th Cir. 2008). “That implication would contradict the express language of 44 U.S.C. § 3314 , which states that "[t]he procedures described by [chapter 33, which does not include § 3101] are exclusive, and records of the United States Government may not be alienated or destroyed except under…”
Kissinger v. Reporters Comm. for Freedom of the Press, 445 U.S. 136 (1980). “44 U. S. C. § 3314 . Under the Records Disposal Act, once a document achieves the status of a "record" as defined by the Act, it may not be alienated or disposed of without the consent of the Administrator of General Services, who has delegated his authority in such matters to…”
Competitive Enter. Inst. v. Off. of Sci. & Tech. Policy, 827 F.3d 145 (D.C. Cir. 2016). “A complementary statute, the Records Disposal Act, 44 U.S.C. § 3314 , provides the exclusive means for record disposal.”
Susan D. Goland & Patricia B. Skidmore v. Cent. Intelligence Agency, 607 F.2d 339 (D.C. Cir. 1978). “See 44 U.S.C. § 3314 (1970). Congress’ objectives in the FOIA, of course, were rather different.”
Hobson v. Wilson, 737 F.2d 1 (D.C. Cir. 1984). “The flaw in the FBI’s argument is that this Circuit has expressly held that chapters 31 and 33 must yield to statutory or constitutional rights elsewhere guaranteed: Were it necessary to protect important statutory or constitutional rights of appellee, expungement in this case…”
Equal Emp. Opportunity Comm'n v. Kronos Inc., 694 F.3d 351 (3rd Cir. 2012). “We also vacated the confidentiality order and remanded so that the District Court could conduct the proper good cause balancing test, noting that the District Court should keep in mind the requirements of the Federal Records Dis *357 posal Act, 44 U.S.C. § 3314 . Since the exact…”
Doyle v. U.S. Dep't of Homeland Sec., 331 F. Supp. 3d 27 (S.D. Ill. 2018). “2d at 285 (quoting 44 U.S.C. § 3314 ). Under the FRA, the Archivist of the United States is directed to further the mission of these agency heads by assisting agencies in proper record disposition, issuing "standards, procedures, and guidelines" regarding record management, and…”
Equal Emp. Opportunity Comm'n v. Kronos Inc., 620 F.3d 287 (3rd Cir. 2010). “44 U.S.C. § 3314 (“[R]ecords *304 of the United States Government may not be alienated or destroyed except under this chapter.”
Citizens for Responsibility & Ethics v. United States Dep't of Homeland Sec., 527 F. Supp. 2d 101 (D.D.C. 2007). “14 Third, despite the FRA’s categorical precept that agency records may only be disposed of in accordance with its disposal provisions, see 44 U.S.C. § 3314 , the Armstrong I court held “that the FRA precludes direct private actions to require [ ] agency staff [to] comply with…”
Max I. Chastain v. Clarence M. Kelley, Dir., Fed. Bureau of Investigation, 510 F.2d 1232 (D.C. Cir. 1975). “Were it necessary to protect important statutory or constitutional rights of appellee, ex-pungement in this case would not be prevented, as the Government has argued, by the command of 44 U.”
Citizens for Responsibility & Ethics v. U.S. Dep't of Homeland Sec., 592 F. Supp. 2d 111 (D.D.C. 2009). “44 U.S.C. § 3314 . Before alienation or destruction of federal records, an agency must submit to the Archivist a list of such records “that do not appear to have sufficient administrative, legal, research, or other value to warrant their further preservation by the Government.”
Armstrong v. Exec. Off. of the President, 1 F.3d 1274 (D.C. Cir. 1993). “See 44 U.S.C. § 3314 (no records may be “alienated or destroyed” except in accordance with the FRA’s provisions).”
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