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119th Congress

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119th Congress

Title 44 — Public Printing and Documents

Chapter 29 — Records Management by the Archivist of the United States and by the Administrator of General Services

§ 2901. Definitions

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Federal Records Management Amendments of 1976

    Pub. L. 94–575 § 2(a)(1) · 90 Stat. 2723

    Enacted · 44 U.S.C. § 2901

    Added Pub. L. 94–575, § 2(a)(1), Oct. 21, 1976, 90 Stat. 2723

    Source evidence

    Code source credit
    Added Pub. L. 94–575, § 2(a)(1), Oct. 21, 1976, 90 Stat. 2723

    Enacted provision · exact public law section
    (1) by striking out sections 2901 and 2902 of such chapter and inserting in lieu thereof the following: “§ 2901. Definitions “As used in this chapter, and chapters 21, 25, 27, 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 witli respect to records creation, records maintenance and use, and records disposition; “(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 Administrator 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 witli 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 Administrâtoi‘, 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 Administrator for deposit in his custody ; “(12) the term ‘Administrator’ means the Administrator of General Services; “(13) the terms ‘executive agency’ and ‘Federal agency’ shall have the meanings given such terms by subsections (a) and (b), respectively, of section 3 of the Federal Property and Adminis-trative Services Act of 1949 (40 U.S.C. 472 (a) and (b)). “§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 and of records maintenance 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 prevent ion of unnecessary Federal paperwork. “(7) Establishment and maintenance of such other systems or techniques as the Administrator considers necessary to carry out the purposes of this chapter, and chapters 21, 31, and 33 of this title.”;

  2. National Archives and Records Administration Act of 1984

    Pub. L. 98–497 § 107(b)(13)(A) · 98 Stat. 2280

    Struck · 44 U.S.C. § 2901

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

    Source evidence

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

    Enacted provision · exact public law section
    (A) by striking out “27,” in the matter preceding paragraph (1);

    Effective date note
    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.

  3. National Archives and Records Administration Act of 1984

    Pub. L. 98–497 § 107(b)(13)(B) · 98 Stat. 2280

    Inserted · 44 U.S.C. § 2901(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (B) by inserting before the semicolon at the end of paragraph (2) the following: “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”;

    Effective date note
    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.

  4. National Archives and Records Administration Act of 1984

    Pub. L. 98–497 § 107(b)(13)(C) · 98 Stat. 2280

    Substituted · 44 U.S.C. § 2901(6); 44 U.S.C. § 2901(9); 44 U.S.C. § 2901(11)

    Pub. L. 98–497, § 107(b)(13)(C), substituted “Archivist” for “Administrator”

    Source evidence

    Code amendment note
    Pars. (6), (9), (11). Pub. L. 98–497, § 107(b)(13)(C), substituted “Archivist” for “Administrator”.

    Enacted provision · exact public law section
    (C) by striking out “Administrator” each place it appears in paragraphs (6), (9), and (11) and inserting in lieu thereof “Archivist”; and

    Effective date note
    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.

  5. National Archives and Records Administration Act of 1984

    Pub. L. 98–497 § 107(b)(13)(D) · 98 Stat. 2280

    Substituted · 44 U.S.C. § 2901(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (D) by striking out paragraphs (12) and (13) and inserting in lieu thereof the following: “(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 3(a) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472(a)); “(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); and “(15) the term ‘Administrator’ means the Administrator of General Services.”.

    Effective date note
    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.

  6. National Archives and Records Administration Act of 1984

    Pub. L. 98–497 § 107(b)(13)(D) · 98 Stat. 2280

    Struck · 44 U.S.C. § 2901(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (D) by striking out paragraphs (12) and (13) and inserting in lieu thereof the following: “(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 3(a) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472(a)); “(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); and “(15) the term ‘Administrator’ means the Administrator of General Services.”.

    Effective date note
    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.

  7. National Archives and Records Administration Act of 1984

    Pub. L. 98–497 § 107(b)(13)(D) · 98 Stat. 2280

    Added · 44 U.S.C. § 2901(14); 44 U.S.C. § 2901(15)

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

    Source evidence

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

    Enacted provision · exact public law section
    (D) by striking out paragraphs (12) and (13) and inserting in lieu thereof the following: “(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 3(a) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472(a)); “(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); and “(15) the term ‘Administrator’ means the Administrator of General Services.”.

    Effective date note
    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.

  8. Pub. L. 107–217 § 3 · 116 Stat. 1062

    Substituted · 44 U.S.C. § 2901(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))”

    Source evidence

    Code amendment note
    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))”.

    Enacted provision · exact public law section
    SEC. 3. CONFORMING CROSS-REFERENCES. (a) Title 5.— Title 5, United States Code, is amended as follows: (1) In section 7342(e)(1)— (A) insert “subtitle I of title 40 and title III of” before “the Federal”; and (B) insert “(41 U.S.C. 251 et seq.)” after “of 1949”. (2) In section 9505(b), strike “division E of the Clinger-Cohen Act of 1996 (Public Law 104-106; 110 Stat. 679)” and substitute “subtitle III of title 40”. (3) In section 9508(a)(2)(A), strike “division E of the Clinger-Cohen Act of 1996 (Public Law 104-106; 110 Stat. 679)” and substitute “subtitle III of title 40”. (b) Title 10.— Title 10, United States Code, is amended as follows: (1) In section 2223— (A) in subsection (a), strike “section 5125 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1425)” and substitute “section 11315 of title 40”; (B) in subsection (b), strike “section 5125 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1425)” and substitute “section 11315 of title 40”; (C) in subsection (c)(2). strike “section 5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401)” and substitute “section 11101 of title 40”; and (D) in subsection (c)(3), strike “section 5142 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1452)” and substitute “section 11103 of title 40”. (2) In section 2302(2)(A), strike “title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)” and substitute “chapter 11 of title 40”. (3) In section 2304(h)— (A) before clause (1), strike “laws”; and (B) strike clause (2) and substitute “(2) Sections 31413144, 3146, and 3147 of title 40.”. (4) In section 2305a(a), strike “the Brooks Architect-Engineers Act (40 U.S.C. 541 et seq.)” and substitute “chapter 11 of title 40”. (5) In section 2315(a), strike “division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)” and substitute “subtitle III of title 40”. (6) In section 2381(c)— (A) strike “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)” and substitute “section 121 of title 40”; and (B) strike “section 201(a) of that Act (40 U.S.C. 481(a))” and substitute “section 501(a)(2) of title 40”. (7) In section 2535(b)(1)(G), strike “title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)” and substitute “chapter 5 of title 40”. (8) In subsection 2562(a)(1)— (A) insert “subtitle I of title 40 and title III of” before “the Federal”; and (B) strike “(40 U.S.C. 472 et seq.)” and substitute “(41 U.S.C. 251 et seq.)”. (9) In section 2572(d)(1), strike “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)” and substitute “section 121 of title 40”. (10) In section 2576(a)— (A) insert “subtitle I of title 40 and title III of’ before “the Federal”; and (B) strike “(40 U.S.C. 471 et seq.)” and substitute “(41 U.S.C. 251 et seq.)”. (11) In section 2577(a)(2), strike “section 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484)” and substitute “sections 541-555 of title 40”. (12) In section 2667— (A) in subsection (a)(2), strike “section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472)” and substitute “section 102 of title 40”; (B) in subsection (b)(5), strike “section 321 of the Act of June 30, 1932 (40 U.S.C. 303b)” and substitute “section 1302 of title 40"; and (C) in subsection (f)(1)— (i) insert “subtitle I of title 40 and title III of’ before “the Federal”; and (ii) strike “such Act is” and substitute “subtitle I and title III are”. (13) In section 2667a(a)(3), strike “section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472)” and substitute “section 102 of title 40”. (14) In section 2676(a)— (A) insert “subtitle I of title 40 and title III of’ before “the Federal”; and (B) strike “(40 U.S.C. 471 et seq.)” and substitute “41 U.S.C. 251 et seq.)”. (15) In section 2691(b)— (A) insert “subtitle I of title 40 and title III of’ before “the Federal”; and (B) strike “(40 U.S.C. 471 et seq.)” and substitute “(41 U.S.C. 251 et seq.)”. (16) In section 2696— (A) in subsection (a)— (i) insert “subtitle I of title 40 and title III of” before “the Federal”; and (ii) strike “(40 U.S.C. 471 et seq.)” and substitute “(41 U.S.C. 251 et seq.)”; and (B) strike subsection (e)(5) and substitute— “(5) Chapter 5 of title 40.”. (17) In section 2701(i)(1)— (A) strike “the Miller Act (40 U.S.C. 270a et seq.)” and substitute “sections 3131 and 3133 of title 40”; (B) strike “the Act of April 29, 1941 (40 U.S.C. 270e-270f)” and substitute “section 3134 of title 40”; and (C) strike “the Miller Act” and substitute “sections 3131 and 3133”. (18) In section 2814(j)(3), strike “Sections 202 and 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483, 484)” and substitute “Subchapter II of chapter 5 and sections 541-555 of title 40”. (19) In section 2831(b)(3), strike “section 204(b) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485(b))” and substitute “section 572(a) of title 40”. (20) In section 2852(b)(1), strike “section 355 of the Revised Statutes (40 U.S.C. 255)” and substitute “section 3111 of title 40”. (21) In section 2854a(d)(1)— (A) strike “The” and substitute “Subtitle I of title 40 and title III of the”; and (B) strike “(40 U.S.C. 471 et seq.)” and substitute “(41 U.S.C. 251 et seq.)”. (22) In subsection 2855(a), strike “title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)” and substitute “chapter 11 of title 40”. (23) In section 2878(d)— (A) in clause (2)— (i) strike “The” and substitute “Subtitle I of title 40 and title III of the”; and (ii) strike “(40 U.S.C. 471 et seq.)” and substitute “(41 U.S.C. 251 et seq.)”; and (B) strike clause (3) and substitute— “(3) Section 1302 of title 40.”. (24) In section 4681, strike “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)” and substitute “section 121 of title 40”. (25) In section 4682, strike “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)” and substitute “section 121 of title 40”. (26) In section 4684, strike “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)” and substitute “section 121 of title 40”. (27) In section 4686, strike “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)” and substitute “section 121 of title 40”. (28) In section 7305(d)— (A) insert “subtitle I of title 40 and title III of’ before “the Federal”; (B) strike “(40 U.S.C. 471 et seq.)” and substitute “(41 U.S.C. 251 et seq.)”; and (C) strike “that Act” and substitute “subtitle I of title 40 and title III”. (29) In section 7306(a), strike “subsections (c) and (d) of section 602 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 474)” and substitute “section 113 of title 40”. (30) In section 7422(c)(1), strike “the Act of February 26, 1931 (40 U.S.C. 258a-258e)” and substitute “sections 31143116 and 3118 of title 40”. (31) In section 7541, strike “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)” and substitute “section 121 of title 40”. (32) In section 7541a, strike “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)” and substitute “section 121 of title 40”. (33) In section 7542(a), strike “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)” and substitute “section 121 of title 40”. (34) In section 7545(a), strike “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)” and substitute “section 121 of title 40”. (35) In section 9444(b)(1)— (A) insert “subtitle I of title 40 and title III of” before “the Federal”; and (B) strike “(40 U.S.C. 471 et seq.)” and substitute “(41 U.S.C. 251 et seq.)”. (36) In section 9681, strike “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)” and substitute “section 121 of title 40”. (37) In section 9682, strike “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)” and substitute “section 121 of title 40”. (38) In section 9684, strike “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)” and substitute “section 121 of title 40”. (39) In section 9686, strike “section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)” and substitute “section 121 of title 40”. (40) In section 9781— (A) in subsection (b)(2)(D), strike “title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)” and substitute “chapter 5 of title 40”; (B) in subsection (d), strike “title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)” and substitute “chapter 5 of title 40”; and (C) in subsection (g)— (i) insert “subtitle I of title 40 and subtitle III of’ before “the Federal”; and (ii) add at the end of the subsection “(41 U.S.C. 251 et seq.)”. (41) In section 12603(d), strike “section 201(a) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481(a))” and substitute “section 501 of title 40”. (42) In section 18239(b)(1), strike “section 355 of the Revised Statutes (40 U.S.C. 255)” and substitute “section 3111 of title 40”. (c) Title 14.— Title 14, United States Code, is amended as follows: (1) In section 92— (A) insert “subtitle I of title 40 and title III of’ before “the Federal”; and (B) strike “(40 U.S.C. 471 et seq.)” and substitute “(41 U.S.C. 251 et seq.)”. (2) In section 93(h)— (A) insert “subtitle I of title 40 and title III of’ before “the Federal”; and (B) strike “(40 U.S.C. 471 et seq.)” and substitute “(41 U.S.C. 251 et seq.)”. (3) In section 641— (A) in subsection (a)— (i) insert “subtitle I of title 40 and title III of’ before “the Federal”; and (ii) strike “(40 U.S.C. 471 et seq.)” and substitute “(41 U.S.C. 251 et seq.)”; and (B) in subsection (c)(2), strike “section 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484)” and substitute “sections 541-555 of title 40”. (4) In section 685(c)— (A) in clause (1), strike— (i) “The” and substitute “Subtitle I of title 40 and title III of the”; and (ii) “(40 U.S.C. 471 et seq.)” and substitute “(41 U.S.C. 251 et seq.)”; and (B) strike clause (2) and substitute— “(2) Section 1302 of title 40.”. (d) Title 18.— Section 3668(c) of title 18, United States Code, is amended by striking “sections 304f-304m of Title 40” and substituting “section 1306 of title 40”. (e) Title 23.— Title 23, United States Code, is amended as follows: (1) In section 112(b)(2)(A), strike “title IX of the Federal Property and Administrative Services Act of 1949” and substitute “chapter 11 of title 40”. (2) In section 113(a), strike “the Act of March 3, 1931, known as the Davis-Bacon Act (40 U.S.C. 276a)” and substitute “sections 3141—3144, 3146, and 3147 of title 40”. (f) The Internal Revenue Code oe 1986.— Section 7608(c)(1)(a)(i)(IV) of the Internal Revenue Code of 1986 (26 U.S.C. 7608(c)(1)(a)(i)(IV)) is amended by striking “section 34 of title 40, United States Code” and substituting “section 8141 of title 40”. (g) Title 28.— Title 28, United States Code, is amended as follows: (1) In section 604(g)(3)(B), strike “section 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484)” and substitute “sections 541-555 of title 40”. (2) In section 612(f), strike “section 201 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481)” and substitute “sections 501-505 of title 40”. (3) In section 1499, strike “section 104 of the Contract Work Hours and Safety Standards Act” and substitute “section 3703 of title 40”. (h) Title 31.— Title 31, United States Code, is amended as follows: (1) In section 781(a), strike “section 7 of the Public Buildings Act of 1959, as amended (40 U.S.C. 606)” and substitute “section 3307 of title 40”. (2) In section 782, strike “(as defined in section 105 of the Public Buildings Cooperative Use Act of 1976 (40 U.S.C. 612a))” and substitute “(as defined in section 3306(a) of title 40)”. (3) In section 1105(g)(2)(b)(ii), strike “section 901 of the Brooks Architect-Engineers Act (40 U.S.C. 541)” and substitute section “1102 of title 40”. (4) In section 3126— (A) in subsection (a), strike “section 2 of the Government Losses in Shipment Act (40 U.S.C. 722)” and substitute “section 17303(a) of title 40”; and (B) in subsection (b), strike “Section 3 of the Government Losses in Shipment Act (40 U.S.C. 723) (related to finality of decisions of the Secretary)” and substitute “Section 17304(c) of title 40”. (5) In section 3511(c)(1), strike “section 205(b) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486(b))” and substitute “section 121(b) of title 40”. (6) In section 3551(3), strike “section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472)” and substitute “section 102 of title 40”. (7) In section 3905(f)(1), strike “section 2 of the Act of August 24, 1935 (40 U.S.C. 270b)” and substitute “section 3133(b) of title 40”. (8) In section 6703(d)(5)— (A) strike “the Act of March 3, 1931 (commonly known as the Davis-Bacon Act); as amended (40 U.S.C. 276a—276a-5)” and substitute “sections 3141-3144, 3146, and 3147 of title 40”; and (B) strike “section 2 of the Act of June 1, 1934 (commonly known as the Copeland Anti-Kickback Act), as amended (40 U.S.C. 276c, 48 Stat. 948)” and substitute “section 3145 of title 40”. (9) In section 9303— (A) in subsection (d), before clause (1)— (i) strike “the Act of August 24, 1935 (known as the Miller Act) (40 U.S.C. 270a-270d)” and substitute “sections 3131 and 3133 of title 40”; and (ii) strike “section 3 of the Act (40 U.S.C. 270c)” and substitute “section 3133(a) of title 40”; (B) in subsection (d)(1)— (i) strike “the Act of August 24, 1935 (known as the Miller Act) (40 U.S.C. 270a-270d)” and substitute “sections 3131 and 3133 of title 40”; and (ii) strike “section 2 of the Act (40 U.S.C. 270b)” and substitute “section 3133(b) of title 40”; and (C) in subsection (e)(2)(A), strike “the Act of August 24, 1935 (known as the Miller Act) (40 U.S.C. 270a-270d)” and substitute “sections 3131 and 3133 of title 40”. (i) Title 36.— Title 36, United States Code, is amended as follows: (1) In section 2103(a)(1), strike “section 355 of the Revised Statutes (40 U.S.C. 255)” and substitute “section 3111 of title 40”. (2) In section 220314(b), strike “section 451 of the Legislative Reorganization Act of 1970 (40 U.S.C. 193m-1)” and substitute “section 5108 of title 40”. (j) Title 38.— Title 38, United States Code, is amended as follows: (1) In section 115(1), strike “section 355 of the Revised Statutes (40 U.S.C. 255)” and substitute “section 3111 of title 40”. (2) In section 310(b), strike “division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)” and substitute “subtitle III of title 40”. (3) In section 8122(a)(1), strike “section 321 of the Act of June 30, 1932 (40 U.S.C. 303b)” and substitute “section 1302 of title 40”. (4) In section 8135(a)(8), strike “the Act of March 3, 1931 (40 U.S.C. 276a—276a-5) (known as the Davis-Bacon Act)” and substitute “sections 3141-3144, 3146, and 3147 of title 40”. (5) In section 8162(a)— (A) in paragraph (1), strike “section 321 of the Act of June 30, 1932 (40 U.S.C. 303b), sections 202 and 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483, 484)” and substitute “subchapter II of chapter 5 of title 40, sections 541-555 and 1302 of title 40”; and (B) in paragraph (3), strike “the Act of March 3, 1931 (40 U.S.C. 276a et seq.)” and substitute “sections 3141-3144, 3146, and 3147 of title 40”. (6) In section 8165(c), strike “section 204 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485) or the Act of June 8, 1896 (40 U.S.C. 485a)” and substitute “subchapter IV of chapter 5 of title 40”. (7) In section 8201(e), strike “section 321 of the Act of June 30, 1932 (40 U.S.C. 303b)” and substitute “section 1302 of title 40”. (k) Title 39.— Section 410(b)(4) of title 39, United States Code, is amended to read as follows: “(4) the following provisions of title 40: “(A) sections 3114-3116, 3118, 3131, 3133, and 3141-3147; and “(B) chapters 37 and 173;”. (l) Title 44.— Title 44, United States Code, is amended as follows: (1) In section 311(a), strike “the Federal Property and Administrative Services Act, approved June 30, 1949, as amended,” and substitute “subtitle I of title 40 and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)”. (2) In section 2901(13), strike “section 3(a) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472(a))” and substitute “section 102 of title 40”. (3) In section 3501(8)(B), strike “the Computer Security Act of 1987 (Public Law 100-235)” and substitute “section 11332 of title 40”. (4) In section 3502(9)— (A) strike “section 5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401)” and substitute “section 11101 of title 40”; and (B) strike “section 5142 of that Act (40 U.S.C. 1452)” and substitute “section 11103 of title 40”. (5) In section 3504— (A) in subsection (g)(2), strike “section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441), and sections 5 and 6 of the Computer Security Act of 1987 (40 U.S.C. 759 note)” and substitute “sections 11331 and 11332(b) and (c) of title 40”; (B) in subsection (g)(3), strike “section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441) and sections 5 and 6 of the Computer Security Act of 1987 (40 U.S.C. 759 note)” and substitute “sections 11331 and 11332(b) and (c) of title 40”; (C) in subsection (h)(1)(B), strike “section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441)” and substitute “section 11331 of title 40”; and (D) in subsection (h)(2)— (i) strike “division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)” and substitute “subtitle III of title 40”; and (ii) strike “section 110 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757)” and substitute “section 322 of title 40”. (6) In section 3506— (A) in subsection (g)(2), strike “the Computer Security Act of 1987 (40 U.S.C. 759 note)” and substitute “section 11332 of title 40”; and (B) in subsection (g)(3), strike “the Computer Security Act of 1987 (40 U.S.C. 759 note)” and substitute “section 11332 of title 40”. (7) In section 3518(d), strike “section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441) and the Computer Security Act of 1987 (40 U.S.C. 759 note)” and substitute “sections 11331 and 11332 of title 40”. (m) Title 46.— Title 46, United States Code, is amended as follows: (1) In section 2101(17), strike “section 13 of the Coast Guard Authorization Act of 1986” and substitute “section 558 of title 40”. (2) In section 3305(c), strike “section 13 of the Coast Guard Authorization Act of 1986” and substitute “section 558 of title 40”. (n) Title 49.— Title 49, United States Code, is amended as follows: (1) In section 103(e)— (A) insert “subtitle I of title 40 and title III of’ before “the Federal Property”; and (B) strike “(40 U.S.C. 471 et seq.)” and substitute “(41 U.S.C. 251 et seq.)”. (2) In section 5325(b), strike “title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)” and substitute “chapter 11 of title 40”. (3) In section 5333(a)— (A) strike “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a—5)” and substitute “sections 3141-3144, 3146, and 3147 of title 40”; and (B) strike “section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)” and substitute “section 3145 of title 40”. (4) In section 24312— (A) in subsection (a)— (i) strike “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a-5)” and substitute “sections 3141-3144, 3146, and 3147 of title 40”; and (ii) strike “section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333)” and substitute “section 3704 of title 40”; and (B) in subsection (b), strike “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a-5)” and substitute “sections 3141—3144, 3146, and 3147 of title 40” (5) In section 40110(c)(2)— (A) in subclause (C), strike “(as defined in section 13 of the Public Buildings Act of 1959 (40 U.S.C. 612))” and substitute “(as defined in section 3301(a) of title 40)”; and (B) in subclause (F), strike “title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)” and substitute “sections 121, 123, and 126 and chapter 5 of title 40”. (6) In section 44305(a)(1), strike “sections 1 and 2 of the Government Losses in Shipment Act (40 U.S.C. 721, 722)” and substitute “sections 17302 and 17303 of title 40”. (7) In section 47107(a)(17), strike “title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)” and substitute “chapter 11 of title 40”. (8) In section 47112(b), strike “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a-5)” and substitute “sections 3141-3144, 3146, and 3147 of title 40”. (9) In section 49111(d)(1), strike “section 5 of the Act of June 6, 1924 (40 U.S.C. 71d),” and substitute “section 8722 of title 40”. (o) Veterans’ Benefits Programs Improvement Act of 1991.— Section 403(e) of the Veterans’ Benefits Programs Improvement Act of 1991 (Pub. L. 102-86, 105 Stat. 424) is amended by striking 38 USC 2400 note. “section 303b of title 40, sections 483 and 484 of title 40” and substituting “subchapter II of chapter 5 of title 40, sections 541—555 and 1302 of title 40”.

  9. Presidential and Federal Records Act Amendments of 2014

    Pub. L. 113–187 § 8(6) · 128 Stat. 2003

    Substituted · 44 U.S.C. § 2901(11)

    Pub. L. 113–187 substituted “the Archivist’s” for “his”

    Source evidence

    Code amendment note
    Par. (11). Pub. L. 113–187 substituted “the Archivist’s” for “his”.

    Enacted provision · exact public law section
    (6) in section 2901(11), by striking “his” and inserting “the Archivist’s”;

  10. Electronic Message Preservation Act

    Pub. L. 116–283 div. H title XCVI § 9602(b)(5) · 134 Stat. 3388

    1. Added · 44 U.S.C. § 2901(15); 44 U.S.C. § 2901(16)

      Pub. L. 116–283 added pars. (15) and (16)

    2. Struck · 44 U.S.C. § 2901(15); 44 U.S.C. § 2901(16)

      Pub. L. 116–283 struck out former par. (15) which defined “Administrator”

    Source evidence

    Code amendment note
    Pars. (15), (16). Pub. L. 116–283 added pars. (15) and (16) and struck out former par. (15) which defined “Administrator”.

    Enacted provision · exact public law section
    (5) Definitions.— Section 2901 of title 44, United States Code, is amended— (A) by striking “and” at the end of paragraph (14); and (B) by striking paragraph (15) and inserting the following new paragraphs: “(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.” .

11 of 11 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

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

Amendments1984–2021 · 4 rounds

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 , 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)], , 113 Stat. 460, 461, as amended by Pub. L. 108–383, § 3, , 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, , 90 Stat. 2727, as amended by Pub. L. 113–235, div. H, title I, § 1301(b), , 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.”

Credits

1976–2021 · 5 acts
  1. 1976Added Pub. L. 94–575, § 2(a)(1), , 90 Stat. 2723
  2. 1984amended Pub. L. 98–497, title I, § 107(b)(13), , 98 Stat. 2287
  3. 2002Pub. L. 107–217, § 3(l)(2), , 116 Stat. 1301
  4. 2014Pub. L. 113–187, § 8(6), , 128 Stat. 2012
  5. 2021Pub. L. 116–283, div. H, title XCVI, § 9602(b)(5), , 134 Stat. 4829.
Show as published

(Added Pub. L. 94–575, § 2(a)(1), , 90 Stat. 2723; amended Pub. L. 98–497, title I, § 107(b)(13), , 98 Stat. 2287; Pub. L. 107–217, § 3(l)(2), , 116 Stat. 1301; Pub. L. 113–187, § 8(6), , 128 Stat. 2012; Pub. L. 116–283, div. H, title XCVI, § 9602(b)(5), , 134 Stat. 4829.)

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