Category: Laws and Regulations

44 U.S.C. Chapter 31

Also known as: Records Management by Federal Agencies, Chapter 31 of Title 44, United States Code

Simply put

44 U.S.C. Chapter 31 is a section of United States federal law, titled 'Records Management by Federal Agencies,' that sets out the duties of federal agency heads to create and maintain records management programs. It is one of several chapters of Title 44 that together form part of the framework often referred to as the Federal Records Act. These provisions apply to U.S. federal executive agencies and do not govern private-sector or state and local recordkeeping.

Formal definition

44 U.S.C. Chapter 31, headed 'Records Management by Federal Agencies,' is a chapter of Title 44 of the United States Code comprising a series of sections beginning at § 3101, which addresses records management by agency heads and their general duties, and continuing through provisions on the establishment of records management programs, certifications and determinations on transferred records, and related matters (the evidence identifies sections in the range 3101 to 3107). It is one of several chapters of Title 44 (the evidence references Chapters 21, 29, 31, and 33) that collectively constitute the statutory basis commonly known as the Federal Records Act, which according to the cited Congressional Research Service material was enacted in 1950 and amended thereafter and governs matters such as the collection, retention, and preservation of federal records. This chapter establishes statutory obligations for U.S. federal agencies specifically; its scope is limited to the federal executive branch context described in the evidence, and it should not be treated as applicable to non-federal organizations or as a comprehensive statement of all federal recordkeeping requirements, which are distributed across additional chapters of Title 44 and related authorities.

Why it matters

44 U.S.C. Chapter 31 supplies part of the statutory backbone for how U.S. federal agencies must manage their records. By placing the duty to create and maintain a records management program on agency heads, it establishes accountability at the leadership level rather than treating recordkeeping as a purely clerical function. For federal records managers and information governance staff, this chapter is a foundational reference point because it helps distinguish recordkeeping obligations that are matters of law from those that are matters of internal policy or professional good practice.

The chapter does not stand alone. According to the cited Congressional Research Service material, the Federal Records Act comprises several chapters of Title 44 (referenced as Chapters 21, 29, 31, and 33), and was enacted in 1950 and amended since. Chapter 31 addresses agency-level program obligations, while related chapters address other aspects of the collection, retention, and preservation of federal records. Understanding where Chapter 31 fits within this larger statutory framework matters because compliance cannot be assessed by reading any single chapter in isolation; the requirements are distributed across multiple authorities.

Its scope is also a matter of practical importance. Chapter 31 applies to U.S. federal executive agencies and does not govern private-sector, state, or local recordkeeping. Professionals should be careful not to cite it as a general legal basis for records management outside the federal context, and should treat it as one component of federal recordkeeping law rather than a comprehensive statement of all applicable requirements.

Who it's relevant to

Federal agency records officers and records management staff

For those responsible for a federal agency's records program, Chapter 31 is a primary source of the legal duties they help implement. It underpins the requirement to establish and maintain a records management program and to document the agency's functions and activities, and it should be consulted alongside related chapters of Title 44 and implementing regulation.

Federal agency heads and senior leadership

Chapter 31 assigns records management duties to agency heads specifically, making records governance a leadership accountability. Senior officials and their advisors may reference it to understand the statutory basis for their responsibilities in creating and preserving records, even where day-to-day tasks are delegated.

Compliance, legal, and oversight professionals in the federal sector

Counsel, compliance leads, and oversight or audit staff use Chapter 31 to assess whether an agency's practices align with statutory obligations. Because these requirements are distributed across several chapters of Title 44, professionals typically read Chapter 31 in context rather than in isolation, and verify current text against authoritative sources.

Records and information governance professionals outside the federal government

For those working in the private sector or in state and local government, Chapter 31 is chiefly relevant as a point of comparison and as a boundary marker. It applies to U.S. federal executive agencies and should not be treated as governing non-federal recordkeeping, so its main value here is illustrative rather than directly binding.

Inside 44 U.S.C. Chapter 31

Records Management Obligations for Federal Agencies

This chapter of Title 44 of the United States Code establishes statutory requirements directing the heads of U.S. federal agencies to make and preserve records that document the organization, functions, policies, decisions, procedures, and essential transactions of the agency. Its scope is limited to federal agencies within the United States and does not govern private-sector organizations or entities in other jurisdictions.

Establishment of Records Management Programs

The chapter typically requires agency heads to establish and maintain an active, continuing program for the economical and efficient management of records. In general terms this encompasses the creation, maintenance, use, and disposition of records, though the specific administrative arrangements depend on each agency's implementation and applicable oversight guidance.

Definition of Federal Records Context

The obligations in this chapter operate alongside statutory definitions of what constitutes a federal record found elsewhere in Title 44. Distinguishing an authoritative record made or received in the transaction of agency business from copies, personal materials, or transitory information is central to applying these requirements, though the precise definitional language resides in related provisions rather than this chapter alone.

Relationship to Oversight and Disposition Authority

This chapter functions within a broader framework of U.S. federal records legislation. Disposition of federal records, including transfer for permanent preservation or authorized destruction, is generally governed in conjunction with other chapters of Title 44 and the authority of the National Archives and Records Administration. The scope of Chapter 31 itself centers on agency-level program obligations rather than the full disposition process.

Standards and Guidance for Recordkeeping

The chapter typically directs that agencies apply standards, procedures, and techniques to improve the management of records and to safeguard against unlawful removal or loss. The detailed technical requirements are commonly elaborated through implementing regulations and guidance rather than stated exhaustively in the statute itself.

Common questions

Answers to the questions practitioners most commonly ask about 44 U.S.C. Chapter 31.

Does 44 U.S.C. Chapter 31 govern records management for all organizations in the United States?

No. This chapter is part of United States federal law and applies to federal agencies within the executive branch. It does not directly govern records management in the private sector, in state or local government, or in other jurisdictions, each of which is typically subject to its own statutes, regulations, and policies. Private organizations may look to standards such as ISO 15489 or the Generally Accepted Recordkeeping Principles for guidance rather than to this chapter.

Is complying with 44 U.S.C. Chapter 31 the same as simply retaining records for a set period?

Not quite. Retention is only one element of what the statutory framework contemplates. The obligations associated with federal records management typically extend across the records lifecycle, including creation and capture, adequate documentation of agency activities, and eventual disposition. Disposition itself is broader than destruction, since it may involve transfer of records of enduring value for permanent preservation rather than their elimination. Treating the requirements as a retention-only exercise overlooks these lifecycle and disposition dimensions.

How should an agency establish disposition authority for its records under this framework?

In practice, federal agencies generally cannot dispose of records on their own initiative. Disposition typically requires authorization obtained through a scheduling process coordinated with the National Archives and Records Administration, which reviews and approves records schedules. Agencies commonly develop records schedules that identify record series, their retention periods, and whether records are ultimately destroyed or transferred for permanent preservation. The specific procedures depend on current NARA guidance and applicable regulations.

What steps help an agency demonstrate that it is meeting its recordkeeping obligations?

Agencies often maintain documented records management programs that assign responsibility, provide policies and procedures, and establish approved records schedules. Demonstrating compliance typically involves showing that records adequately document agency functions and decisions, that they are captured and classified appropriately, and that disposition occurs only under approved authority. Periodic review, training, and internal oversight are commonly used to support accountability, though the precise expectations depend on current regulatory and NARA guidance.

How does the concept of a federal record affect what falls within scope of these obligations?

The obligations attach to material that qualifies as a record of the agency, rather than to all information an agency holds. Distinguishing records from non-record materials, personal papers, convenience copies, and transitory information is therefore an important part of implementation. Applying record status appropriately affects which materials must be scheduled, retained, and dispositioned under approved authority, and the determination generally follows the statutory definition and applicable guidance.

How do agencies manage records that need to be preserved permanently rather than destroyed?

Records identified as having enduring value are typically designated for permanent retention within an agency's approved records schedule and, at the appropriate time, transferred to the National Archives for ongoing preservation and access. This transfer is a form of disposition and should not be equated with destruction. The proportion of records so designated is generally small relative to the total volume created, and the criteria and timing are set through the scheduling process rather than by the agency alone.

Common misconceptions

44 U.S.C. Chapter 31 applies to all organizations that manage records, including private companies and non-U.S. bodies.

The chapter is part of U.S. federal law and directs federal agencies of the United States. It does not impose obligations on private-sector organizations, and records management requirements in other jurisdictions or sectors are governed by their own laws and policies. Requirements depend on jurisdiction and sector.

This chapter, on its own, contains the complete set of rules governing the destruction and disposition of federal records.

Chapter 31 primarily concerns the obligation of agencies to establish and maintain records management programs and to make and preserve records. Disposition, including authorized destruction and transfer for permanent preservation, is generally addressed through related provisions of Title 44 and the authority of the National Archives and Records Administration, rather than being fully contained in this chapter alone.

Meeting the requirements of this chapter is the same as achieving broad information governance.

The chapter concerns records management, focused on the control of records as evidence of agency activity. Information governance is a broader accountability framework spanning policy, risk, privacy, security, and value. Compliance with records management obligations contributes to, but does not by itself constitute, a full information governance program.

Best practices

Read this chapter alongside the related provisions of Title 44 and applicable implementing regulations, since program obligations, records definitions, and disposition authority are distributed across multiple parts of the framework rather than concentrated in one chapter.

Establish and actively maintain a documented records management program that addresses creation, maintenance, use, and disposition, and review it periodically rather than treating it as a one-time compliance exercise.

Distinguish authoritative federal records from copies, drafts, and transitory information when designing capture and classification practices, so that materials documenting agency functions and decisions are reliably preserved.

Coordinate disposition decisions with the appropriate oversight and archival authority, recognizing that disposition may include transfer for permanent preservation as well as authorized destruction, and should not be treated as synonymous with destruction alone.

Implement safeguards against the unlawful removal, loss, or unauthorized destruction of records, and document the controls and procedures that support authenticity, reliability, integrity, and usability.

Where uncertainty exists about specific statutory or regulatory requirements, consult current official guidance and qualified legal or records advisors rather than relying on general summaries, since detailed obligations depend on the applicable regime and may change over time.