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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

§ 2905. Establishment of standards for selective retention of records; security measures

Statutory text

(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 destruction 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 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 90–620 · 82 Stat. 1238

    Enacted · 44 U.S.C. § 2905

    Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1296

    Source evidence

    Code source credit
    Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1296

  2. Paperwork Reduction Act of 1980

    Pub. L. 96–511 § 2(c)(2) · 94 Stat. 2812

    1. Amended · 44 U.S.C. § 2905

      Pub. L. 96–511 designated existing provisions as subsec. (a)

    2. Added · 44 U.S.C. § 2905

      Pub. L. 96–511 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 96–511 designated existing provisions as subsec. (a) and added subsec. (b).

    Enacted provision · exact public law section
    (2) Section 2905 of such title is amended by redesignating the text 44 USC 2905. thereof as subsection (a) and by adding at the end of such section the following new subsection: “(b) The Administrator of General Services shall assist the Administrator Studies. 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.”.

  3. National Archives and Records Administration Act of 1984

    Pub. L. 98–497 § 107(b)(15)(B) · 98 Stat. 2280

    Substituted · 44 U.S.C. § 2905(a)

    Pub. L. 98–497, § 107(b)(15)(B), substituted “Archivist” for “Administrator of General Services”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 98–497, § 107(b)(15)(B), substituted “Archivist” for “Administrator of General Services”.

    Enacted provision · exact public law section
    (B) Sections 2905, 2908, and 2909 of such title are amended by striking out “Administrator of General Services” each place it appears and inserting in lieu thereof “Archivist”.

    Effective date note
    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.

  4. National Archives and Records Administration Act of 1984

    Pub. L. 98–497 § 203(a) · 98 Stat. 2280

    Inserted · 44 U.S.C. § 2905(a)

    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 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.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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 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.”

    Enacted provision · exact public law section
    (a) Section 2905(a) of title 44, United States Code, is amended by adding at the end thereof the following new sentence: “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.”.

    Effective date note
    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.

  5. National Archives and Records Administration Act of 1984

    Pub. L. 98–497 § 107(b)(15)(B) · 98 Stat. 2280

    Substituted · 44 U.S.C. § 2905(b)

    Pub. L. 98–497, § 107(b)(15)(B), substituted “Archivist” for “Administrator of General Services”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–497, § 107(b)(15)(B), substituted “Archivist” for “Administrator of General Services”.

    Enacted provision · exact public law section
    (B) Sections 2905, 2908, and 2909 of such title are amended by striking out “Administrator of General Services” each place it appears and inserting in lieu thereof “Archivist”.

    Effective date note
    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.

  6. Presidential and Federal Records Act Amendments of 2014

    Pub. L. 113–187 § 8(8) · 128 Stat. 2003

    1. Substituted · 44 U.S.C. § 2905(a)

      Pub. L. 113–187 substituted “The Archivist shall notify” for “He shall notify”

    2. Substituted · 44 U.S.C. § 2905(a)

      Pub. L. 113–187 substituted “the Archivist’s attention” for “his attention”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 113–187 substituted “The Archivist shall notify” for “He shall notify” and “the Archivist’s attention” for “his attention”.

    Enacted provision · exact public law section
    (8) in section 2905(a)— (A) by striking “He” and inserting “The Archivist”; and (B) by striking “his” and inserting “the Archivist’s”;

7 of 8 references resolved to an enrolled provision · 1 partial

Notes

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

Amendments1980–2014 · 3 rounds

2014

Subsec. (a). Pub. L. 113–187 substituted “The Archivist shall notify” for “He shall notify” and “the Archivist’s attention” for “his attention”.

1984

Subsec. (a). Pub. L. 98–497, § 107(b)(15)(B), substituted “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 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, § 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 , 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 , see section 5 of Pub. L. 96–511, set out as a note under section 2904 of this title.

Credits

1968–2014 · 4 acts
  1. 1968Pub. L. 90–620, , 82 Stat. 1296
  2. 1980Pub. L. 96–511, § 2(c)(2), , 94 Stat. 2825
  3. 1984Pub. L. 98–497, title I, § 107(b)(15)(B), title II, § 203(a), , 98 Stat. 2288, 2294
  4. 2014Pub. L. 113–187, § 8(8), , 128 Stat. 2012.
Show as published

(Pub. L. 90–620, , 82 Stat. 1296; Pub. L. 96–511, § 2(c)(2), , 94 Stat. 2825; Pub. L. 98–497, title I, § 107(b)(15)(B), title II, § 203(a), , 98 Stat. 2288, 2294; Pub. L. 113–187, § 8(8), , 128 Stat. 2012.)

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