44 U.S.C. § 2904 — General responsibilities for records man-

Page 123 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2904 ‘‘(2) REQUIREMENT TO MAINTAIN IN-PERSON STAFFING LEVELS.—Subject to the availability of appropria- tions, and not later than 30 days after the date of the enactment of this Act [Dec. 23, 2022], the Archivist of the United States shall ensure, to the extent prac- ticable, that the National Personnel Records Center maintains staffing levels and telework arrangements that enable the maximum processing of records re- quests possible in order to achieve the performance goal of responding to 90 percent of all requests in 20 days or less, not including any request involving a record damaged or lost in the National Personnel Records Center fire of 1973 or any request that is sub- ject to a fee that has not been paid in a timely man- ner by the requestor (provided the National Per- sonnel Records Center issues an invoice within 20 days after the date on which the request is made). ‘‘(3) INSPECTOR GENERAL REPORTING.—The Inspector General for the National Archives and Records Ad- ministration shall, for two years following the date of the enactment of this Act, include in every semi- annual report submitted to Congress pursuant to the Inspector General Act of 1978 ([former] 5 U.S.C. App.) [see 5 U.S.C. 401 et seq.], a detailed summary of— ‘‘(A) efforts taken by the National Archives and Records Administration to address the backlog of records requests at the National Personnel Records Center; and ‘‘(B) any recommendations for action proposed by the Inspector General related to reducing the back- log of records requests at the National Personnel Records Center and the status of compliance with those recommendations by the National Archives and Records Administration.’’ § 2903. Custody and control of property (a) The Archivist shall have immediate cus- tody and control of the National Archives Build- ing and its contents, and may design, construct, purchase, lease, maintain, operate, protect, and improve buildings used by him for the storage of records of Federal agencies in the District of Co- lumbia and elsewhere. (b) When the Archivist considers it to be in the public interest, the Archivist may charge and collect reasonable fees from the public for the occasional, non-official use of rooms and spaces, and services related to such use, in the buildings subject to this section. Fees collected under this subsection shall be paid into an ac- count in the National Archives Trust Fund and shall be held, administered, and expended for the benefit and in the interest of the national archi- val and records activities administered by the National Archives and Records Administration, including educational and public program pur- poses. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1296; Pub. L. 98–497, title I, § 107(b)(15)(A), Oct. 19, 1984, 98 Stat. 2288; Pub. L. 108–383, § 4(b), Oct. 30, 2004, 118 Stat. 2218.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 392 (June 30, 1949, ch. 288, title V, § 502, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583). Editorial Notes AMENDMENTS 2004—Pub. L. 108–383 designated existing provisions as subsec. (a) and added subsec. (b). 1984—Pub. L. 98–497 substituted ‘‘Archivist’’ for ‘‘Ad- ministrator’’. Statutory Notes and Related Subsidiaries 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. § 2904. General responsibilities for records man- agement (a) The Archivist shall provide guidance and assistance to Federal agencies with respect to ensuring— (1) economical and effective records manage- ment; (2) adequate and proper documentation of the policies and transactions of the Federal Government; and (3) proper records disposition. (b) The Administrator shall provide guidance and assistance to Federal agencies to ensure ec- onomical and effective processing of mail by Federal agencies. (c) In carrying out the responsibilities under subsection (a), the Archivist shall have the re- sponsibility— (1) to promulgate standards, procedures, and guidelines with respect to records manage- ment and the conduct of records management studies; (2) to conduct research with respect to the improvement of records management prac- tices and programs; (3) to collect and disseminate information on training programs, technological develop- ments, 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 agen- cies with respect to records management; (5) to direct the continuing attention of Fed- eral agencies and the Congress on the need for adequate policies governing records manage- ment; (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 manage- ment; (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 Manage- ment and Budget in January of each year and at such other times as the Archivist deems de- sirable— (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. Page 124 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2904 (d) The Archivist shall promulgate regulations requiring all Federal agencies to transfer all digital or electronic records to the National Ar- chives of the United States in digital or elec- tronic form to the greatest extent possible. (e) The Administrator, in carrying out sub- section (b), shall have the responsibility to pro- mote economy and efficiency in the selection and utilization of space, staff, equipment, and supplies for processing mail at Federal facili- ties. (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), 9(c), Nov. 26, 2014, 128 Stat. 2012, 2013; Pub. L. 115–85, § 2(a)(2), Nov. 21, 2017, 131 Stat. 1274.) Editorial Notes PRIOR PROVISIONS A prior section 2904, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1296, contained provisions similar to those com- prising 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). AMENDMENTS 2017—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) gen- erally. 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 responsibil- ities under subsection (a), the Archivist shall have’’ for ‘‘their responsibilities under subsection (a) or (b), re- spectively, 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 Adminis- trator (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 effi- ciency 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. 98–497 substituted ‘‘for records manage- ment’’ 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 dis- position’’ 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), respec- tively’’ for ‘‘In providing such guidance and assist- ance,’’, and inserted reference to Archivist in text pre- ceding par. (1). Subsec. (c)(1). Pub. L. 98–497 redesignated par. (2) as (1). Provisions contained in former par. (1) are now con- tained 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 clearing- house for information with respect to records manage- ment 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 ‘‘Con- gress 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 manage- ment studies which involve a review of the programs and practices of more than one Federal agency and which examine interaction among and relationships be- tween 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 Archi- vist 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. 98–497 redesignated 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 re- port 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 AMENDMENT Amendment by Pub. L. 115–85 effective as if included in Pub. L. 113–187, see section 2(b) of Pub. L. 115–85, set out as a note under section 2902 of this title. 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. EFFECTIVE DATE OF 1980 AMENDMENT Pub. 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, sec- tion 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 provi- sions set out as notes under sections 101 and 3503 of this title] shall take effect on April 1, 1981.’’ TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, Page 125 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2906 1 So in original. semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report to appro- priate oversight and appropriations committees of Con- gress 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 sec- tion 1(a)(4) [div. A, § 1402(1)] of Pub. L. 106–554, set out as notes under section 1113 of Title 31, Money and Fi- nance. § 2905. Establishment of standards for selective retention of records; security measures (a) The Archivist shall establish standards for the selective retention of records of continuing value, and assist Federal agencies in applying the standards to records in their custody. The Archivist shall notify the head of a Federal agency of any actual, impending, or threatened unlawful removal, defacing, alteration, or de- struction of records in the custody of the agency that shall come to the Archivist’s attention, and assist the head of the agency in initiating action through the Attorney General for the recovery of records unlawfully removed and for other re- dress provided by law. In any case in which the head of the agency does not initiate an action for such recovery or other redress within a rea- sonable period of time after being notified of any such unlawful action, the Archivist shall re- quest the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made. (b) The Archivist shall assist the Adminis- trator for the Office of Information and Regu- latory Affairs in conducting studies and devel- oping standards relating to record retention re- quirements imposed on the public and on State and local governments by Federal agencies. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1296; Pub. L. 96–511, § 2(c)(2), Dec. 11, 1980, 94 Stat. 2825; Pub. L. 98–497, title I, § 107(b)(15)(B), title II, § 203(a), Oct. 19, 1984, 98 Stat. 2288, 2294; Pub. L. 113–187, § 8(8), Nov. 26, 2014, 128 Stat. 2012.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 395(b) (June 30, 1949, ch. 288, title V, § 505(b), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583). Editorial Notes AMENDMENTS 2014—Subsec. (a). Pub. L. 113–187 substituted ‘‘The Ar- chivist shall notify’’ for ‘‘He shall notify’’ and ‘‘the Ar- chivist’s attention’’ for ‘‘his attention’’. 1984—Subsec. (a). Pub. L. 98–497, § 107(b)(15)(B), sub- stituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’. Pub. L. 98–497, § 203(a), inserted ‘‘In any case in which the head of the agency does not initiate an action for such recovery or other redress within a reasonable pe- riod of time after being notified of any such unlawful action, the Archivist shall request the Attorney Gen- eral to initiate such an action, and shall notify the Congress when such a request has been made.’’ Subsec. (b). Pub. L. 98–497, § 107(b)(15)(B), substituted ‘‘Archivist’’ for ‘‘Administrator of General Services’’. 1980—Pub. L. 96–511 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–511 effective on Apr. 1, 1981, see section 5 of Pub. L. 96–511, set out as a note under section 2904 of this title. § 2906. Inspection of agency records (a)(1) In carrying out the duties and respon- sibilities under this chapter, the Archivist (or the the 1 Archivist’s designee) may inspect the records or the records management practices and programs of any Federal agency for the pur- pose of rendering recommendations for the im- provement of records management practices and programs and for determining whether the records of Federal agencies have sufficient value to warrant continued preservation or lack suffi- cient value to justify continued preservation. Officers and employees of such agencies shall co- operate fully in such inspections, subject to the provisions of paragraphs (2) and (3) of this sub- section. (2) Records, the use of which is restricted by law or for reasons of national security or the public interest, shall be inspected, in accordance with regulations promulgated by the Archivist, subject to the approval of the head of the agency concerned or of the President. (3) If the Archivist (or the Archivist’s des- ignee) inspects a record, as provided in this sub- section, which is contained in a system of records which is subject to section 552a of title 5, such record shall be— (A) maintained by the Archivist or such des- ignee as a record contained in a system of records; or (B) deemed to be a record contained in a sys- tem of records for purposes of subsections (b), (c), and (i) of section 552a of title 5. (b) In conducting the inspection of agency records provided for in subsection (a) of this sec- tion, the Archivist (or the Archivist’s designee) shall, in addition to complying with the provi- sions of law cited in subsection (a)(3), comply with all other Federal laws and be subject to the sanctions provided therein. (c) The Administrator (or the Administrator’s designee) may inspect the mail processing prac- tices and programs of any Federal agency for the purpose of rendering recommendations for the improvement of mail processing practices and programs. Officers and employees of such agencies shall cooperate fully in such inspec- tions of mail processing practices and programs. (Added Pub. L. 94–575, § 2(a)(3), Oct. 21, 1976, 90 Stat. 2725; amended Pub. L. 98–497, title I, § 107(b)(17), Oct. 19, 1984, 98 Stat. 2289; Pub. L. 113–187, § 9(d), Nov. 26, 2014, 128 Stat. 2013; Pub. L. 115–85, § 2(a)(3), Nov. 21, 2017, 131 Stat. 1275.) Editorial Notes PRIOR PROVISIONS A prior section 2906, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1297, contained provisions similar to those com- prising subsec. (a)(1) and (2) of this section, prior to re- peal by Pub. L. 94–575, § 2(a)(3). AMENDMENTS 2017—Subsec. (c). Pub. L. 115–85, § 2(a)(3), added Pub. L. 113–187, § 9(d)(3). See 2014 Amendment note below.