---
kind: "range"
citation: "44 U.S.C. §§ 3101–3106"
title: "44"
from: "3101"
to: "3106"
count: 6
release: "119-102"
url: "https://uscodex.org/usc/44/3101..3106"
---

# §3101. Records management by agency heads; general duties


The head of each Federal agency shall make and preserve [records](/usc/44/2901.md?p=1) 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.


# §3102. Establishment of program of management


The head of each Federal agency shall establish and maintain an active, continuing program for the economical and efficient management of the [records](/usc/44/2901.md?p=1) 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](/usc/44/2901.md?p=1) in the conduct of current business;
- (2) procedures for identifying [records](/usc/44/2901.md?p=1) of general interest or use to the public that are appropriate for public disclosure, and for posting such [records](/usc/44/2901.md?p=1) in a publicly accessible electronic format;
- (3) cooperation with the [Archivist](/usc/44/2101.md?p=3) in applying standards, procedures, and techniques designed to improve the management of [records](/usc/44/2901.md?p=1), promote the maintenance and security of [records](/usc/44/2901.md?p=1) deemed appropriate for preservation, and facilitate the segregation and disposal of [records](/usc/44/2901.md?p=1) 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.

# §3103. Transfer of records to records centers


When the head of a Federal agency determines that such action may affect substantial economies or increased operating efficiency, the head of such agency shall provide for the transfer of [records](/usc/44/2901.md?p=1) to a [records](/usc/44/2901.md?p=1) center maintained and operated by the [Archivist](/usc/44/2101.md?p=3), or, when approved by the [Archivist](/usc/44/2101.md?p=3), to a center maintained and operated by the head of the Federal agency.


# §3104. Certifications and determinations on transferred records


An official of the Government who is authorized to certify to facts on the basis of [records](/usc/44/2901.md?p=1) in such official’s custody, may certify to facts on the basis of [records](/usc/44/2901.md?p=1) that have been transferred by such official or such official’s predecessors to the [Archivist](/usc/44/2101.md?p=3), and may authorize the [Archivist](/usc/44/2101.md?p=3) to certify to facts and to make administrative determinations on the basis of [records](/usc/44/2901.md?p=1) transferred to the [Archivist](/usc/44/2101.md?p=3), notwithstanding any other law.


# §3105. Safeguards


The head of each Federal agency shall establish safeguards against the removal or loss of [records](/usc/44/2901.md?p=1) the head of such agency determines to be necessary and required by regulations of the [Archivist](/usc/44/2101.md?p=3). Safeguards shall include making it known to officials and employees of the agency—

- (1) that [records](/usc/44/2901.md?p=1) in the custody of the agency are not to be alienated or destroyed except in accordance with sections 3301–3314 of this title, and
- (2) the penalties provided by law for the unlawful removal or destruction of [records](/usc/44/2901.md?p=1).

# §3106. Unlawful removal, destruction of records

- (a) **Federal Agency Notification.—** The head of each Federal agency shall notify the [Archivist](/usc/44/2101.md?p=3) of any actual, impending, or threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of [records](/usc/44/2901.md?p=1) in the custody of the agency, and with the assistance of the [Archivist](/usc/44/2101.md?p=3) shall initiate action through the Attorney General for the recovery of [records](/usc/44/2901.md?p=1) the head of the Federal agency knows or has reason to believe have been unlawfully removed from that agency, or from another Federal agency whose [records](/usc/44/2901.md?p=1) have been transferred to the legal custody of that Federal agency.
- (b) **Archivist Notification.—** In any case in which the head of a Federal agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action described in [subsection (a)](#a), or is participating in, or believed to be participating in any such unlawful action, the [Archivist](/usc/44/2101.md?p=3) shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.