44 U.S.C. § 2904

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 2904 - General responsibilities for records management

(a) The Archivist shall provide guidance and assistance to Federal agencies with respect to ensuring-

(1) economical and effective records management;

(2) adequate and proper documentation of the policies and transactions of the Federal Government; and

(b) The Administrator shall provide guidance and assistance to Federal agencies to ensure economical and effective processing of mail by Federal agencies.

(c) In carrying out the responsibilities under subsection (a), the Archivist shall have the responsibility-

(1) to promulgate standards, procedures, and guidelines with respect to records management and the conduct of records management studies;

(2) to conduct research with respect to the improvement of records management practices and programs;

(3) to collect and disseminate information on training programs, technological developments, and other activities relating to records management;

(4) to establish such interagency committees and boards as may be necessary to provide an exchange of information among Federal agencies with respect to records management;

(5) to direct the continuing attention of Federal agencies and the Congress on the need for adequate policies governing records management;

(6) to conduct records management studies and, in the Archivist's discretion, designate the heads of executive agencies to conduct records management studies with respect to establishing systems and techniques designed to save time and effort in records management;

(7) to conduct inspections or surveys of the records and the records management programs and practices within and between Federal agencies;

(8) to report to the appropriate oversight and appropriations committees of the Congress and to the Director of the Office of Management and Budget in January of each year and at such other times as the Archivist deems desirable-

(A) on the results of activities conducted pursuant to paragraphs (1) through (7) of this section,

(B) on evaluations of responses by Federal agencies to any recommendations resulting from inspections or studies conducted under paragraphs (6) and (7) of this section, and

(C) to the extent practicable, estimates of costs to the Federal Government resulting from the failure of agencies to implement such recommendations.

(d) The Archivist shall promulgate regulations requiring all Federal agencies to transfer all digital or electronic records to the National Archives of the United States in digital or electronic form to the greatest extent possible.

(e) The Administrator, in carrying out subsection (b), shall have the responsibility to promote economy and efficiency in the selection and utilization of space, staff, equipment, and supplies for processing mail at Federal facilities.

44 U.S.C. § 2904

Added Pub. L. 94-575, §2(a)(2), Oct. 21, 1976, 90 Stat. 2725; amended Pub. L. 96-511, §2(c)(1), Dec. 11, 1980, 94 Stat. 2825; Pub. L. 98-497, title I, §107(b)(16), Oct. 19, 1984, 98 Stat. 2288; Pub. L. 113-187, §§8(7), Nov. 26, 2014, 9, Nov. 26, 2014, 128 Stat. 2012, 2013; Pub. L. 115-85, §2(a)(2), Nov. 21, 2017, 131 Stat. 1274.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 2904, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1296, contained provisions similar to those comprising pars. (1) and (2) of this section, prior to repeal by Pub. L. 94-575, §2(a)(2).Provisions similar to those comprising pars. (8) to (10) of this section were contained in section 2902, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1296, prior to repeal by Pub. L. 94-575, §2(a)(1).

AMENDMENTS2017- Pub. L. 115-85, §2(a)(2), amended Pub. L. 113-187, §9(c). See 2014 Amendment notes below.2014-Subsec. (a). Pub. L. 113-187, §9(c)(1), as amended by Pub. L. 115-85, §2(a)(2)(A), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The Archivist shall provide guidance and assistance to Federal agencies with respect to ensuring adequate and proper documentation of the policies and transactions of the Federal Government and ensuring proper records disposition."Subsec. (b). Pub. L. 113-187, §9(c)(2), as added by Pub. L. 115-85, §2(a)(2)(C), substituted "effective processing of mail by Federal agencies" for "effective records management by such agencies".Subsec. (c). Pub. L. 113-187, §9(c)(3)(A), formerly §9(c)(2)(A), as renumbered and amended by Pub. L. 115-85, §2(c)(2)(B), (D) (i), substituted "the responsibilities under subsection (a), the Archivist shall have" for "their responsibilities under subsection (a) or (b), respectively, the Archivist and the Administrator shall each have" in introductory provisions.Subsec. (c)(6). Pub. L. 113-187, §8(7), substituted "the Archivist's" for "his".Subsec. (c)(8). Pub. L. 113-187, §9(c)(3)(B), formerly §9(c)(2)(B), as renumbered and amended by Pub. L. 115-85, §2(a)(2)(B), (D) (ii), struck out "or the Administrator (as the case may be)" after "Archivist".Subsec. (d). Pub. L. 113-187, §9(c)(4), formerly §9(c)(3), as renumbered and amended by Pub. L. 115-85, §2(c)(2)(B), (E), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "In addition, the Administrator, in carrying out subsection (b), shall have the responsibility to promote economy and efficiency in the selection and utilization of space, staff, equipment, and supplies for records management."Subsec. (e). Pub. L. 113-187, §9(c)(5), as added by Pub. L. 115-85, §2(a)(2)(F), added subsec. (e).1984- Pub. L. 98-497substituted "for records management" for "of Administrator" in section catchline.Subsec. (a). Pub. L. 98-497 designated existing first sentence as subsec. (a) and substituted "Archivist" for "Administrator" and "ensuring adequate and proper documentation of the policies and transactions of the Federal Government and ensuring proper records disposition" for "records creation, records maintenance and use, and records disposition".Subsec. (b). Pub. L. 98-497 added subsec. (b).Subsec. (c). Pub. L. 98-497 designated existing second sentence as subsec. (c), substituted "In carrying out the responsibilities under subsection (a) or (b), respectively" for "In providing such guidance and assistance,", and inserted reference to Archivist in text preceding par. (1).Subsec. (c)(1). Pub. L. 98-497 redesignated par. (2) as (1). Provisions contained in former par. (1) are now contained substantially in subsec. (d).Subsec. (c)(2). Pub. L. 98-497 redesignated par. (3) as (2). Former par. (2) redesignated (1).Subsec. (c)(3). Pub. L. 98-497 redesignated par. (6) as (3) and inserted "to collect and", "training programs", and "other activities". Former par. (3) redesignated (2).Subsec. (c)(4). Pub. L. 98-497 redesignated par. (5) as (4). Former par. (4), which read "serve as a clearinghouse for information with respect to records management and as a central source for reference and training materials with respect to records management", was struck out.Subsec. (c)(5). Pub. L. 98-497 redesignated par. (7) as (5) and struck out "the burden placed on the Federal Government by unnecessary paperwork" after "Congress on", "creation" before "maintenance", and "and use, and disposition" after "maintenance". Former par. (5) redesignated (4).Subsec. (c)(6). Pub. L. 98-497 redesignated par. (8) as (6) and struck out "with particular attention given to standards and procedures governing records creation" at end. Former par. (6) redesignated (3).Subsec. (c)(7). Pub. L. 98-497 redesignated par. (9) as (7) and substituted "surveys of the records and the records management programs and practices within and between Federal agencies" for "records management studies which involve a review of the programs and practices of more than one Federal agency and which examine interaction among and relationships between Federal agencies with respect to records and records management". Former par. (7) redesignated (5).Subsec. (c)(8). Pub. L. 98-497 redesignated par. (10) as (8) and inserted "in January of each year", "the Archivist or", and substituted "(7)" for "(9)" and "(6)" and "(7)" for "(8)" and "(9)", respectively, in subpars. (A) and (B).Subsec. (c)(9), (10). Pub. L. 98-497redesignated pars. (9) and (10) as (7) and (8), respectively.Subsec. (d). Pub. L. 98-497 added subsec. (d).1980-Par. (10). Pub. L. 96-511 prescribed that the report be to appropriate oversight and appropriations committees, incorporated existing provisions in cls. (A) and (B) and added cl. (C).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2017 AMENDMENTAmendment by Pub. L. 115-85 effective as if included in Pub. L. 113-187 see section 2(b) of Pub. L. 115-85set out as a note under section 2902 of this title.

EFFECTIVE DATE OF 1984 AMENDMENTAmendment 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.

EFFECTIVE DATE OF 1980 AMENDMENTPub. L. 96-511, §5, Dec. 11, 1980, 94 Stat. 2826, provided: "This Act [enacting chapter 35 of this title, amending this section, section 2905 of this title, section 5315 of Title 5, Government Organization and Employees, section 1221-3 of Title 20, Education, section 1211 of Title 30, Mineral Lands and Mining, and section 292h of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under sections 101 and 3503 of this title] shall take effect on April 1, 1981."

TERMINATION OF REPORTING REQUIREMENTSFor termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103-7 (in which a report to appropriate oversight and appropriations committees of Congress under subsec. (c)(8) of this section is listed as the 9th item on page 173 and as the 5th item on page 180), see section 3003 of Pub. L. 104-66 as amended, and section 1(a)(4) [div. A, §1402(1)] of Pub. L. 106-554 set out as notes under section 1113 of Title 31, Money and Finance.

Archivist: the term "Archivist" means the Archivist of the United States;
National Archives of the United States: 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;
records creation: the term "records creation" means the production or reproduction of any record;
records disposition: 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;
records maintenance and use: 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;
records management: 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;