44 U.S.C. § 2906 — Inspection of agency records

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. Page 126 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 2907 2014—Subsec. (a)(1). Pub. L. 113–187, § 9(d)(1)(A), sub- stituted ‘‘the duties’’ for ‘‘their respective duties’’ and ‘‘the Archivist’s designee’’ for ‘‘designee of either’’, struck out ‘‘the Administrator of General Services and’’ before ‘‘the Archivist’’ and ‘‘solely’’ after ‘‘any Federal agency’’, and inserted ‘‘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’’ after ‘‘for the improvement of records management practices and programs’’. Subsec. (a)(2). Pub. L. 113–187, § 9(d)(1)(B), struck out ‘‘the Administrator and’’ before ‘‘the Archivist’’ and ‘‘The regulations promulgated by the Administrator and the Archivist under this paragraph shall, to the ex- tent practicable, be identical.’’ at end. Subsec. (a)(3). Pub. L. 113–187, § 9(d)(1)(C), in introduc- tory provisions, struck out ‘‘the Administrator or’’ be- fore ‘‘the Archivist’’ and substituted ‘‘Archivist’s des- ignee’’ for ‘‘designee of either’’ and, in subpar. (A), sub- stituted ‘‘the Archivist’’ for ‘‘the Administrator, the Archivist,’’. Subsec. (b). Pub. L. 113–187, § 9(d)(2), struck out ‘‘the Administrator and’’ before ‘‘the Archivist’’ and sub- stituted ‘‘Archivist’s designee’’ for ‘‘designee of ei- ther’’. Subsec. (c). Pub. L. 113–187, § 9(d)(3), as added by Pub. L. 115–85, § 2(a)(3), added subsec. (c). 1984—Pub. L. 98–497 inserted reference to Archivist in four places in subsecs. (a) and (b) and inserted at end of subsec. (b)(2) ‘‘The regulations promulgated by the Ad- ministrator and the Archivist under this paragraph shall, to the extent practicable, be identical.’’ 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. § 2907. Records centers and centralized micro- filming or digitization services The Archivist may establish, maintain, and operate records centers and centralized micro- filming or digitization services for Federal agen- cies. (Added Pub. L. 94–575, § 2(a)(3), Oct. 21, 1976, 90 Stat. 2726; amended Pub. L. 98–497, title I, § 107(b)(15)(A), Oct. 19, 1984, 98 Stat. 2288; Pub. L. 113–187, § 9(b)(1), Nov. 26, 2014, 128 Stat. 2013.) Editorial Notes PRIOR PROVISIONS A prior section 2907, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1297, contained provisions similar to those com- prising this section, prior to repeal by Pub. L. 94–575, § 2(a)(3). AMENDMENTS 2014—Pub. L. 113–187 inserted ‘‘or digitization’’ after ‘‘microfilming’’ in section catchline and text. 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. § 2908. Regulations Subject to applicable law, the Archivist shall promulgate regulations governing the transfer of records from the custody of one executive agency to that of another. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1297; Pub. L. 98–497, title I, § 107(b)(15)(B), Oct. 19, 1984, 98 Stat. 2288.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 395(e) (June 30, 1949, ch. 288, title V, § 505(e), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583). Editorial Notes AMENDMENTS 1984—Pub. L. 98–497 substituted ‘‘Archivist’’ for ‘‘Ad- ministrator of General Services’’. 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. § 2909. Retention of records The Archivist may empower a Federal agency to retain records for a longer period than that specified in disposal schedules, and may with- draw disposal authorizations covering records listed in disposal schedules. The Archivist shall promulgate regulations in accordance with sec- tion 2104(a) of this title to implement this sec- tion. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1297; Pub. L. 91–287, § 4, June 23, 1970, 84 Stat. 322; Pub. L. 98–497, title I, § 107(b)(15)(B), Oct. 19, 1984, 98 Stat. 2288; Pub. L. 108–383, § 2(a), Oct. 30, 2004, 118 Stat. 2218.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 395(f) (June 30, 1949, ch. 288, title V, § 505(f), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583). Editorial Notes AMENDMENTS 2004—Pub. L. 108–383 struck out ‘‘, upon the submis- sion of evidence of need,’’ after ‘‘Federal agency’’, sub- stituted ‘‘, and’’ for ‘‘; and, in accordance with regula- tions promulgated by him,’’, and inserted at end ‘‘The Archivist shall promulgate regulations in accordance with section 2104(a) of this title to implement this sec- tion.’’ 1984—Pub. L. 98–497 substituted ‘‘Archivist’’ for ‘‘Ad- ministrator of General Services’’. 1970—Pub. L. 91–287 struck out ‘‘approved by Con- gress’’ after ‘‘disposal schedules’’ in two places. 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. § 2910. Preservation of Freedmen’s Bureau records The Archivist shall preserve the records of the Bureau of Refugees, Freedmen, and Abandoned