§ 3102. Establishment of program of management

Statutory text

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

effective controls over the creation and over the maintenance and use of records in the conduct of current business;

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;

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

compliance with sections 2101–2117, 2501–2507, 2901–2909, and 3101–3107, of this title and the regulations issued under them.

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.

1968
Pub. L. 90–620 · 82 Stat. 1238
Enacted · 44 U.S.C. § 3102
Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298
Source evidence
Code source credit
Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298
1976
Federal Records Management Amendments of 1976
Pub. L. 94–575 § 3(a)(1) · 90 Stat. 2723
1. Substituted · 44 U.S.C. § 3102
  Pub. L. 94–575, § 3(a)(1), (2), substituted in par. (1) “the creation and over the maintenance” for “the creation, maintenance,” of this title
2. Substituted · 44 U.S.C. § 3102
  Pub. L. 94–575, § 3(a)(1), (2), substituted in par. (1) “2901–2909” for “2901, 2903–2909” of this title
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(1) by striking out “, maintenance,” in section 3102 and inserting lieu thereof “and over the maintenance”;
1984
National Archives and Records Administration Act of 1984
Pub. L. 98–497 title I § 107(b)(19) · 98 Stat. 2280
1. Inserted · 44 U.S.C. § 3102(2); 44 U.S.C. § 3102(3)
  Pub. L. 98–497 inserted “and the Archivist” after “Administrator of General Services” in par. (2)
2. Substituted · 44 U.S.C. § 3102(2); 44 U.S.C. § 3102(3)
  Pub. L. 98–497 substituted “sections 2101–2117” for “sections 2101–2113”
3. Struck · 44 U.S.C. § 3102(2); 44 U.S.C. § 3102(3)
  Pub. L. 98–497 struck out “2701,” before “2901” in par. (3)
Source evidence
Code amendment note
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).
Enacted provision · exact public law section
(19) Section 3102 of such title is amended— (A) by inserting “and the Archivist” after “Administrator of General Services” in paragraph (2); (B) by striking out “sections 2101–2113” and inserting in lieu thereof “sections 2101–2117”; and (C) by striking out “2701,”.
2014
Presidential and Federal Records Act Amendments of 2014
Pub. L. 113–187 § 9(f) · 128 Stat. 2003
Struck · 44 U.S.C. § 3102(2)
Pub. L. 113–187 struck out “the Administrator of General Services and” before “the Archivist”
Source evidence
Code amendment note
Par. (2). Pub. L. 113–187 struck out “the Administrator of General Services and” before “the Archivist”.
Enacted provision · exact public law section
(f) Records Management by the Archivist.— (1) Amendment.— The heading for chapter 29 of title 44, United States Code, 44 USC prec. 2901. is amended by striking “AND BY THE ADMINISTRATOR OF GENERAL SERVICES”. (2) Conforming amendment.— The table of chapters at the beginning of title 44, United States Code, 44 USC prec. 101. is amended in the item related to chapter 29 by striking “and by the Administrator of General Services”.
2016
FOIA Improvement Act of 2016
Pub. L. 114–185 § 4 · 130 Stat. 538
1. Added · 44 U.S.C. § 3102(2)(4)
  Pub. L. 114–185 added par. (2)
2. Redesignated · 44 U.S.C. § 3102(2)(4)
  Pub. L. 114–185 redesignated former pars. (2) and (3) as (3) and (4), respectively
Source evidence
Code amendment note
Pars. (2) to (4). Pub. L. 114–185 added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
Enacted provision · exact public law section
SEC. 4. PROACTIVE DISCLOSURE THROUGH RECORDS MANAGEMENT. Section 3102 of title 44, United States Code, is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4); and (2) by inserting after paragraph (1) the following: “(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;” .
Effective date note
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.

8 of 9 references resolved to an enrolled provision · 1 partial

Notes

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 Notes

Amendments1976–2016 · 4 rounds

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 Subsidiaries

Effective 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.

Credits

1968–2016 · 5 acts

1968Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298
1976Pub. L. 94–575, § 3(a)(1), (2), Oct. 21, 1976, 90 Stat. 2726
1984Pub. L. 98–497, title I, § 107(b)(19), Oct. 19, 1984, 98 Stat. 2290
2014Pub. 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
2016Pub. L. 114–185, § 4, June 30, 2016, 130 Stat. 544.

Show as published

(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.)