US (United States) Code. Title 44. Chapter 29: Records management by the Archivist of the US (United States)

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public Printing and Documents. Administrator of General Services

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-CITE-

44 USC CHAPTER 29 - RECORDS MANAGEMENT BY THE ARCHIVIST

OF THE UNITED STATES AND BY THE ADMINISTRATOR

OF GENERAL SERVICES 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 29 - RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED

STATES AND BY THE ADMINISTRATOR OF GENERAL

SERVICES

-HEAD-

CHAPTER 29 - RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED

STATES AND BY THE ADMINISTRATOR OF GENERAL SERVICES

-MISC1-

Sec.

2901. Definitions.

2902. Objectives of records management.

2903. Custody and control of property.

2904. General responsibilities of Administrator.(!1)

2905. Establishment of standards for selective retention of

records; security measures.

2906. Inspection of agency records.

2907. Records centers and centralized microfilming services.

2908. Regulations.

2909. Retention of records.

2910. Preservation of Freedmen's Bureau records.

AMENDMENTS

2000 - Pub. L. 106-444, Sec. 2(b), Nov. 6, 2000, 114 Stat. 1929,

added item 2910.

1984 - Pub. L. 98-497, title I, Sec. 107(b)(18)(A), Oct. 19,

1984, 98 Stat. 2290, inserted "THE ARCHIVIST OF THE UNITED STATES

AND BY THE" in chapter heading.

1976 - Pub. L. 94-575, Sec. 2(b), Oct. 21, 1976, 90 Stat. 2726,

substituted "Objectives of records management" for "Records

management, surveys, and reports" in item 2902, "General

responsibilities of Administrator" for "Records management by

Administrator; duties generally" in item 2904, "Inspection of

agency records" for "Personal inspection and survey of records" in

item 2906, "Records centers and centralized microfilming services"

for "Records centers for storage, process, and servicing of

records" in item 2907, reenacted without change items 2901, 2903,

2905, 2908, and 2909, and struck out item 2910 "Final authority of

Administrator in records practices".

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2115, 2116, 3107, 3504,

3505, 3538, 3549 of this title; title 25 section 450j; title 28

section 594.

-FOOTNOTE-

(!1) Section catchline amended by Pub. L. 98-497 without

corresponding amendment of chapter analysis.

-End-

-CITE-

44 USC Sec. 2901 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 29 - RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED

STATES AND BY THE ADMINISTRATOR OF GENERAL

SERVICES

-HEAD-

Sec. 2901. Definitions

-STATUTE-

As used in this chapter, and chapters 21, 25, 31, and 33 of this

title -

(1) the term "records" has the meaning given it by section 3301

of this title;

(2) 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;

(3) the term "records creation" means the production or

reproduction of any record;

(4) 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;

(5) 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;

(6) the term "records center" means an establishment maintained

and operated by the Archivist or by another Federal agency

primarily for the storage, servicing, security, and processing of

records which need to be preserved for varying periods of time

and need not be retained in office equipment or space;

(7) the term "records management study" means an investigation

and analysis of any Federal agency records, or records management

practices or programs (whether manual or automated), with a view

toward rendering findings and recommendations with respect

thereto;

(8) the term "inspection" means reviewing any Federal agency's

records or records management practices or programs with respect

to effectiveness and compliance with records management laws and

making necessary recommendations for correction or improvement of

records management;

(9) the term "servicing" means making available for use

information in records and other materials in the custody of the

Archivist, or in a records center -

(A) by furnishing the records or other materials, or

information from them, or copies or reproductions thereof, to

any Federal agency for official use, or to the public; or

(B) by making and furnishing authenticated or unauthenticated

copies or reproductions of the records or other materials;

(10) the term "unauthenticated copies" means exact copies or

reproductions of records or other materials that are not

certified as such under seal and that need not be legally

accepted as evidence;

(11) 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 his custody;

(12) the term "Archivist" means the Archivist of the United

States;

(13) the term "executive agency" shall have the meaning given

such term by section 102 of title 40;

(14) the term "Federal agency" means any executive agency or

any establishment in the legislative or judicial branch of the

Government (except the Supreme Court, the Senate, the House of

Representatives, and the Architect of the Capitol and any

activities under the direction of the Architect of the Capitol);

and

(15) the term "Administrator" means the Administrator of

General Services.

-SOURCE-

(Added Pub. L. 94-575, Sec. 2(a)(1), Oct. 21, 1976, 90 Stat. 2723;

amended Pub. L. 98-497, title I, Sec. 107(b)(13), Oct. 19, 1984, 98

Stat. 2287; Pub. L. 107-217, Sec. 3(l)(2), Aug. 21, 2002, 116 Stat.

1301.)

-MISC1-

PRIOR PROVISIONS

A prior section 2901, Pub. L. 90-620, Oct. 22, 1968, 82 Stat.

1295, related to definitions, prior to repeal by Pub. L. 94-575,

Sec. 2(a)(1).

AMENDMENTS

2002 - Par. (13). Pub. L. 107-217 substituted "section 102 of

title 40" for "section 3(a) of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 472(a))".

1984 - Pub. L. 98-497, Sec. 107(b)(13)(A), struck out reference

to chapter 27 in provisions preceding par. (1).

Par. (2). Pub. L. 98-497, Sec. 107(b)(13)(B), inserted "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".

Pars. (6), (9), (11). Pub. L. 98-497, Sec. 107(b)(13)(C),

substituted "Archivist" for "Administrator".

Par. (12). Pub. L. 98-497, Sec. 107(b)(13)(D), substituted

"Archivist" and "Archivist of the United States" for

"Administrator" and "Administrator of General Services",

respectively. See par. (15) of this section.

Par. (13). Pub. L. 98-497, Sec. 107(b)(13)(D), struck out

references to "Federal agency" and to subsec. (b) of section 3 of

the Federal Property and Administrative Services Act of 1949. See

par. (14) of this section.

Pars. (14), (15). Pub. L. 98-497, Sec. 107(b)(13)(D), added pars.

(14) and (15).

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.

RECORDS CENTER REVOLVING FUND

Pub. L. 106-58, title IV, [(a)-(e)], Sept. 29, 1999, 113 Stat.

460, 461, provided that:

"(a) Establishment of Fund. - There is hereby established in the

Treasury a revolving fund to be available for expenses and

equipment necessary to provide for storage and related services for

all temporary and pre-archival Federal records, which are to be

stored or stored at Federal National and Regional Records Centers

by agencies and other instrumentalities of the Federal Government.

The Fund shall be available without fiscal year limitation for

expenses necessary for operation of these activities.

"(b) Start-Up Capital. -

"(1) There is appropriated $22,000,000 as initial

capitalization of the Fund.

"(2) In addition, the initial capital of the Fund shall include

the fair and reasonable value at the Fund's inception of the

inventories, equipment, receivables, and other assets, less the

liabilities, transferred to the Fund. The Archivist of the United

States is authorized to accept inventories, equipment,

receivables and other assets from other Federal entities that

were used to provide for storage and related services for

temporary and pre-archival Federal records.

"(c) User Charges. - The Fund shall be credited with user charges

received from other Federal Government accounts as payment for

providing personnel, storage, materials, supplies, equipment, and

services as authorized by subsection (a). Such payments may be made

in advance or by way of reimbursement. The rates charged will

return in full the expenses of operation, including reserves for

accrued annual leave, worker's compensation, depreciation of

capitalized equipment and shelving, and amortization of information

technology software and systems.

"(d) Funds Returned to Miscellaneous Receipts of the Department

of the Treasury. -

"(1) In addition to funds appropriated to and assets

transferred to the Fund in subsection (b), an amount not to

exceed 4 percent of the total annual income may be retained in

the Fund as an operating reserve or for the replacement or

acquisition of capital equipment, including shelving, and the

improvement and implementation of the financial management,

information technology, and other support systems of the National

Archives and Records Administration.

"(2) Funds in excess of the 4 percent at the close of each

fiscal year shall be returned to the Treasury of the United

States as miscellaneous receipts.

"(e) Reporting Requirement. - The National Archives and Records

Administration shall provide quarterly reports to the Committees on

Appropriations and Governmental Affairs of the Senate, and the

Committees on Appropriations and Government Reform of the House of

Representatives on the operation of the Records Center Revolving

Fund."

FEDERAL RECORDS MANAGEMENT PROVISIONS WITHOUT EFFECT ON AUTHORITIES

AND RESPONSIBILITIES OF ADMINISTRATOR OF GENERAL SERVICES, JOINT

COMMITTEE, OR GOVERNMENT PRINTING OFFICE

Section 5 of Pub. L. 94-575 provided that:

"(a) The provisions of this Act [see Short Title of 1976

Amendment note set out under section 101 of this title] relating to

the authority of the Administrator of General Services do not limit

or repeal additional authorities provided by statute or otherwise

recognized by law.

"(b) The provisions of this Act do not limit or repeal the

authority or responsibilities of the Joint Committee on Printing or

the Government Printing Office under chapters 1 through 19 of title

44, United States Code."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1501, 3102 of this title;

title 17 section 704.

-End-

-CITE-

44 USC Sec. 2902 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 29 - RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED

STATES AND BY THE ADMINISTRATOR OF GENERAL

SERVICES

-HEAD-

Sec. 2902. Objectives of records management

-STATUTE-

It is the purpose of this chapter, and chapters 21, 31, and 33 of

this title, to require the establishment of standards and

procedures to assure efficient and effective records management.

Such records management standards and procedures shall seek to

implement the following goals:

(1) Accurate and complete documentation of the policies and

transactions of the Federal Government.

(2) Control of the quantity and quality of records produced by

the Federal Government.

(3) Establishment and maintenance of mechanisms of control with

respect to records creation in order to prevent the creation of

unnecessary records and with respect to the effective and

economical operations of an agency.

(4) Simplification of the activities, systems, and processes of

records creation and of records maintenance and use.

(5) Judicious preservation and disposal of records.

(6) Direction of continuing attention on records from their

initial creation to their final disposition, with particular

emphasis on the prevention of unnecessary Federal paperwork.

(7) Establishment and maintenance of such other systems or

techniques as the Administrator or the Archivist considers

necessary to carry out the purposes of this chapter, and chapters

21, 31, and 33 of this title.

-SOURCE-

(Added Pub. L. 94-575, Sec. 2(a)(1), Oct. 21, 1976, 90 Stat. 2724;

amended Pub. L. 98-497, title I, Sec. 107(b)(14), Oct. 19, 1984, 98

Stat. 2288.)

-MISC1-

PRIOR PROVISIONS

A prior section 2902, Pub. L. 90-620, Oct. 22, 1968, 82 Stat.

1296, related to activities of the Administrator of General

Services with respect to records management, surveys, and reports,

prior to repeal by Pub. L. 94-575, Sec. 2(a)(1). See section 2904

of this title.

AMENDMENTS

1984 - Par. (7). Pub. L. 98-497 inserted "or the Archivist" after

"Administrator".

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3102 of this title.

-End-

-CITE-

44 USC Sec. 2903 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 29 - RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED

STATES AND BY THE ADMINISTRATOR OF GENERAL

SERVICES

-HEAD-

Sec. 2903. Custody and control of property

-STATUTE-

The Archivist shall have immediate custody and control of the

National Archives Building 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 Columbia and elsewhere.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1296; Pub. L. 98-497,

title I, Sec. 107(b)(15)(A), Oct. 19, 1984, 98 Stat. 2288.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 392 (June 30, 1949, ch.

288, title V, Sec. 502, as added Sept. 5, 1950, ch. 849, Sec. 6(d),

64 Stat. 583).

AMENDMENTS

1984 - Pub. L. 98-497 substituted "Archivist" for

"Administrator".

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3102 of this title.

-End-

-CITE-

44 USC Sec. 2904 01/06/03

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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 29 - RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED

STATES AND BY THE ADMINISTRATOR OF GENERAL

SERVICES

-HEAD-

Sec. 2904. General responsibilities for records management

-STATUTE-

(a) 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.

(b) The Administrator shall provide guidance and assistance to

Federal agencies to ensure economical and effective records

management by such agencies.

(c) In carrying out their responsibilities under subsection (a)

or (b), respectively, the Archivist and the Administrator shall

each 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 his

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 or the Administrator (as the case may be)

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) 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.

-SOURCE-

(Added Pub. L. 94-575, Sec. 2(a)(2), Oct. 21, 1976, 90 Stat. 2725;

amended Pub. L. 96-511, Sec. 2(c)(1), Dec. 11, 1980, 94 Stat. 2825;

Pub. L. 98-497, title I, Sec. 107(b)(16), Oct. 19, 1984, 98 Stat.

2288.)

-MISC1-

PRIOR PROVISIONS

A 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, Sec.

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, Sec.

2(a)(1).

AMENDMENTS

1984 - Pub. L. 98-497 substituted "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. 98-497 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 report be to

appropriate oversight and appropriations committees, incorporated

existing provisions in cls. (A) and (B) and added cl. (C).

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

Section 5 of Pub. L. 96-511 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 REQUIREMENTS

For 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, Sec. 1402(1)] of Pub. L. 106-554, set out as notes

under section 1113 of Title 31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2106, 3102 of this title.

-End-

-CITE-

44 USC Sec. 2905 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 29 - RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED

STATES AND BY THE ADMINISTRATOR OF GENERAL

SERVICES

-HEAD-

Sec. 2905. Establishment of standards for selective retention of

records; security measures

-STATUTE-

(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. He

shall notify the head of a Federal agency of any actual, impending,

or threatened unlawful removal, defacing, alteration, or

destruction of records in the custody of the agency that shall come

to his 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 redress 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 reasonable period of

time after being notified of any such unlawful action, the

Archivist shall request 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 Administrator for the Office

of Information and Regulatory Affairs in conducting studies and

developing standards relating to record retention requirements

imposed on the public and on State and local governments by Federal

agencies.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1296; Pub. L. 96-511, Sec.

2(c)(2), Dec. 11, 1980, 94 Stat. 2825; Pub. L. 98-497, title I,

Sec. 107(b)(15)(B), title II, Sec. 203(a), Oct. 19, 1984, 98 Stat.

2288, 2294.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 395(b) (June 30, 1949, ch.

288, title V, Sec. 505(b), as added Sept. 5, 1950, ch. 849, Sec.

6(d), 64 Stat. 583).

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-497, Sec. 107(b)(15)(B),

substituted "Archivist" for "Administrator of General Services".

Pub. L. 98-497, Sec. 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 period of time after being

notified of any such unlawful action, the Archivist shall request

the Attorney General to initiate such an action, and shall notify

the Congress when such a request has been made."

Subsec. (b). Pub. L. 98-497, Sec. 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).

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3102 of this title.

-End-

-CITE-

44 USC Sec. 2906 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 29 - RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED

STATES AND BY THE ADMINISTRATOR OF GENERAL

SERVICES

-HEAD-

Sec. 2906. Inspection of agency records

-STATUTE-

(a)(1) In carrying out their respective duties and

responsibilities under this chapter, the Administrator of General

Services and the Archivist (or the designee of either) may inspect

the records or the records management practices and programs of any

Federal agency solely for the purpose of rendering recommendations

for the improvement of records management practices and programs.

Officers and employees of such agencies shall cooperate fully in

such inspections, subject to the provisions of paragraphs (2) and

(3) of this subsection.

(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 Administrator and

the Archivist, subject to the approval of the head of the agency

concerned or of the President. The regulations promulgated by the

Administrator and the Archivist under this paragraph shall, to the

extent practicable, be identical.

(3) If the Administrator or the Archivist (or the designee of

either) inspects a record, as provided in this subsection, 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 Administrator, the Archivist, or such

designee as a record contained in a system of records; or

(B) deemed to be a record contained in a system 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 section, the Administrator and the

Archivist (or the designee of either) shall, in addition to

complying with the provisions of law cited in subsection (a)(3),

comply with all other Federal laws and be subject to the sanctions

provided therein.

-SOURCE-

(Added Pub. L. 94-575, Sec. 2(a)(3), Oct. 21, 1976, 90 Stat. 2725;

amended Pub. L. 98-497, title I, Sec. 107(b)(17), Oct. 19, 1984, 98

Stat. 2289.)

-MISC1-

PRIOR PROVISIONS

A prior section 2906, Pub. L. 90-620, Oct. 22, 1968, 82 Stat.

1297, contained provisions similar to those comprising subsec.

(a)(1) and (2) of this section, prior to repeal by Pub. L. 94-575,

Sec. 2(a)(3).

AMENDMENTS

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 Administrator and the

Archivist under this paragraph shall, to the extent practicable, be

identical."

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3102 of this title.

-End-

-CITE-

44 USC Sec. 2907 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 29 - RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED

STATES AND BY THE ADMINISTRATOR OF GENERAL

SERVICES

-HEAD-

Sec. 2907. Records centers and centralized microfilming services

-STATUTE-

The Archivist may establish, maintain, and operate records

centers and centralized microfilming services for Federal agencies.

-SOURCE-

(Added Pub. L. 94-575, Sec. 2(a)(3), Oct. 21, 1976, 90 Stat. 2726;

amended Pub. L. 98-497, title I, Sec. 107(b)(15)(A), Oct. 19, 1984,

98 Stat. 2288.)

-MISC1-

PRIOR PROVISIONS

A prior section 2907, Pub. L. 90-620, Oct. 22, 1968, 82 Stat.

1297, contained provisions similar to those comprising this

section, prior to repeal by Pub. L. 94-575, Sec. 2(a)(3).

AMENDMENTS

1984 - Pub. L. 98-497 substituted "Archivist" for

"Administrator".

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3102 of this title.

-End-

-CITE-

44 USC Sec. 2908 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 29 - RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED

STATES AND BY THE ADMINISTRATOR OF GENERAL

SERVICES

-HEAD-

Sec. 2908. Regulations

-STATUTE-

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.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1297; Pub. L. 98-497,

title I, Sec. 107(b)(15)(B), Oct. 19, 1984, 98 Stat. 2288.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 395(e) (June 30, 1949, ch.

288, title V, Sec. 505(e), as added Sept. 5, 1950, ch. 849, Sec.

6(d), 64 Stat. 583).

AMENDMENTS

1984 - Pub. L. 98-497 substituted "Archivist" for "Administrator

of General Services".

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3102 of this title.

-End-

-CITE-

44 USC Sec. 2909 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 29 - RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED

STATES AND BY THE ADMINISTRATOR OF GENERAL

SERVICES

-HEAD-

Sec. 2909. Retention of records

-STATUTE-

The Archivist may empower a Federal agency, upon the submission

of evidence of need, to retain records for a longer period than

that specified in disposal schedules; and, in accordance with

regulations promulgated by him, may withdraw disposal

authorizations covering records listed in disposal schedules.

-SOURCE-

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1297; Pub. L. 91-287, Sec.

4, June 23, 1970, 84 Stat. 322; Pub. L. 98-497, title I, Sec.

107(b)(15)(B), Oct. 19, 1984, 98 Stat. 2288.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on 44 U.S. Code, 1964 ed., Sec. 395(f) (June 30, 1949, ch.

288, title V, Sec. 505(f), as added Sept. 5, 1950, ch. 849, Sec.

6(d), 64 Stat. 583).

AMENDMENTS

1984 - Pub. L. 98-497 substituted "Archivist" for "Administrator

of General Services".

1970 - Pub. L. 91-287 struck out "approved by Congress" after

"disposal schedules" in two places.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3102, 3303a of this

title.

-End-

-CITE-

44 USC Sec. 2910 01/06/03

-EXPCITE-

TITLE 44 - PUBLIC PRINTING AND DOCUMENTS

CHAPTER 29 - RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED

STATES AND BY THE ADMINISTRATOR OF GENERAL

SERVICES

-HEAD-

Sec. 2910. Preservation of Freedmen's Bureau records

-STATUTE-

The Archivist shall preserve the records of the Bureau of

Refugees, Freedmen, and Abandoned Lands, commonly referred to as

the "Freedmen's Bureau", by using -

(1) microfilm technology for preservation of the documents

comprising these records so that they can be maintained for

future generations; and

(2) the results of the pilot project with the University of

Florida to create future partnerships with Howard University and

other institutions for the purposes of indexing these records and

making them more easily accessible to the public, including

historians, genealogists, and students, and for any other

purposes determined by the Archivist.

-SOURCE-

(Added Pub. L. 106-444, Sec. 2(a), Nov. 6, 2000, 114 Stat. 1929.)

-MISC1-

PRIOR PROVISIONS

A prior section 2910, Pub. L. 90-620, Oct. 22, 1968, 82 Stat.

1297, provided for final authority of Administrator in records

practices, prior to repeal by Pub. L. 94-575, Sec. 2(a)(4), Oct.

21, 1976, 90 Stat. 2726.

-End-