§ 2906. Inspection of agency records

Footnotes

1. 1 So in original.

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. 1976

   Federal Records Management Amendments of 1976

   Pub. L. 94–575 § 2(a)(3) · 90 Stat. 2723

   Enacted · 44 U.S.C. § 2906

   Added Pub. L. 94–575, § 2(a)(3), Oct. 21, 1976, 90 Stat. 2725

   Source evidence

   Code source credit
   Added Pub. L. 94–575, § 2(a)(3), Oct. 21, 1976, 90 Stat. 2725

   Enacted provision · exact public law section
   (3) by striking out sections 2906 and 2907 of such chapter and inserting in lieu thereof the following: “§ 2906. Inspection of agency records “(a) (1) In carrying out his duties and responsibilities under this chapter, the Administrator of General Services or his designee 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, subject to the approval of the head of the agency concerned or of the President. “(3) If the Administrator or his designee inspects a record, as provided in this subsection, which is contained in a system of records 5 USC 552a. which is subject to section 552a of title 5, such record shall be— “(A) maintained by the Administrator or his 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 or his designee 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. “§2907. Records centers and centralized microfilming services “The Administrator may establish, maintain, and operate records centers and centralized microfilming services for Federal agencies.”; and

2. 1984

   National Archives and Records Administration Act of 1984

   Pub. L. 98–497 title I § 107(b)(17) · 98 Stat. 2280

   1. Inserted · 44 U.S.C. § 2906

      Pub. L. 98–497 inserted reference to Archivist in four places in subsecs. (a) and (b)

   2. Inserted · 44 U.S.C. § 2906

      Pub. L. 98–497 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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (17) Section 2906 of such title is amended to read as follows: 44 USC 2906. “§ 2906. Inspection of agency records “(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 Regulations. 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— 5 USC 552a. “(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.”.

3. 2014

   Presidential and Federal Records Act Amendments of 2014

   Pub. L. 113–187 § 9(d)(1)(A) · 128 Stat. 2003

   1. Substituted · 44 U.S.C. § 2906(a)(1)

      Pub. L. 113–187, § 9(d)(1)(A), substituted “the duties” for “their respective duties”

   2. Substituted · 44 U.S.C. § 2906(a)(1)

      Pub. L. 113–187, § 9(d)(1)(A), substituted “the Archivist’s designee” for “designee of either”

   3. Struck · 44 U.S.C. § 2906(a)(1)

      Pub. L. 113–187, § 9(d)(1)(A), struck out “the Administrator of General Services and” before “the Archivist” and “solely” after “any Federal agency”

   4. Inserted · 44 U.S.C. § 2906(a)(1)

      Pub. L. 113–187, § 9(d)(1)(A), inserted “and for determining whether the records of Federal agencies have sufficient value to warrant continued preservation or lack sufficient value to justify continued preservation” after “for the improvement of records management practices and programs”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 113–187, § 9(d)(1)(A), substituted “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 sufficient value to justify continued preservation” after “for the improvement of records management practices and programs”.

   Enacted provision · exact public law section
   (A) in paragraph (1)— (i) by striking “their respective” and inserting “the”; (ii) by striking “the Administrator of General Services and”; (iii) by striking “designee of either” and inserting “the Archivist’s designee”; (iv) by striking “solely”; and (v) by inserting after “for the improvement of records management practices and programs” the following: “and for determining whether the records of Federal agencies have sufficient value to warrant continued preservation or lack sufficient value to justify continued preservation”;

   Effective date note
   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.

4. 2014

   Presidential and Federal Records Act Amendments of 2014

   Pub. L. 113–187 § 9(d)(1)(B) · 128 Stat. 2003

   Struck · 44 U.S.C. § 2906(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 extent practicable, be identical.” at end

   Source evidence

   Code amendment note
   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 extent practicable, be identical.” at end.

   Enacted provision · exact public law section
   (B) in paragraph (2)— (i) by striking “the Administrator and”; and (ii) by striking the second sentence; and

   Effective date note
   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.

5. 2014

   Presidential and Federal Records Act Amendments of 2014

   Pub. L. 113–187 § 9(d)(1)(C) · 128 Stat. 2003

   1. Struck · 44 U.S.C. § 2906(a)(3)

      Pub. L. 113–187, § 9(d)(1)(C), in introductory provisions, struck out “the Administrator or” before “the Archivist”

   2. Substituted · 44 U.S.C. § 2906(a)(3)

      Pub. L. 113–187, § 9(d)(1)(C), in introductory provisions, substituted “Archivist’s designee” for “designee of either” and, in subpar. (A)

   3. Substituted · 44 U.S.C. § 2906(a)(3)

      Pub. L. 113–187, § 9(d)(1)(C), in introductory provisions, substituted “the Archivist” for “the Administrator, the Archivist,”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 113–187, § 9(d)(1)(C), in introductory provisions, struck out “the Administrator or” before “the Archivist” and substituted “Archivist’s designee” for “designee of either” and, in subpar. (A), substituted “the Archivist” for “the Administrator, the Archivist,”.

   Enacted provision · exact public law section
   (C) in paragraph (3)— (i) in the matter preceding subparagraph (A)— (I) by striking “the Administrator or”; and (II) by striking “designee of either” and inserting “Archivist’s designee”; and (ii) in subparagraph (A), by striking “the Administrator, the Archivist,” and inserting “the Archivist”; and

   Effective date note
   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.

6. 2014

   Presidential and Federal Records Act Amendments of 2014

   Pub. L. 113–187 § 9(d)(2) · 128 Stat. 2003

   1. Struck · 44 U.S.C. § 2906(b)

      Pub. L. 113–187, § 9(d)(2), struck out “the Administrator and” before “the Archivist”

   2. Substituted · 44 U.S.C. § 2906(b)

      Pub. L. 113–187, § 9(d)(2), substituted “Archivist’s designee” for “designee of either”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 113–187, § 9(d)(2), struck out “the Administrator and” before “the Archivist” and substituted “Archivist’s designee” for “designee of either”.

   Enacted provision · exact public law section
   (2) in subsection (b)— (A) by striking “the Administrator and”; and (B) by striking “designee of either” and inserting “Archivist’s designee”.

   Effective date note
   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.

7. 2014

   Presidential and Federal Records Act Amendments of 2014

   Pub. L. 113–187 § 9(d)(3) · 128 Stat. 2003

   1. Added · 44 U.S.C. § 2906(c)

      Pub. L. 113–187, § 9(d)(3), as added by Pub. L. 115–85, § 2(a)(3)

   2. Added · 44 U.S.C. § 2906(c)

      Pub. L. 113–187, § 9(d)(3), as added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 113–187, § 9(d)(3), as added by Pub. L. 115–85, § 2(a)(3), added subsec. (c).

   Enacted provision · exact public law section
   (d) Inspection of Agency Records.— Section 2906 of title 44, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking “their respective” and inserting “the”; (ii) by striking “the Administrator of General Services and”; (iii) by striking “designee of either” and inserting “the Archivist’s designee”; (iv) by striking “solely”; and (v) by inserting after “for the improvement of records management practices and programs” the following: “and for determining whether the records of Federal agencies have sufficient value to warrant continued preservation or lack sufficient value to justify continued preservation”; (B) in paragraph (2)— (i) by striking “the Administrator and”; and (ii) by striking the second sentence; and (C) in paragraph (3)— (i) in the matter preceding subparagraph (A)— (I) by striking “the Administrator or”; and (II) by striking “designee of either” and inserting “Archivist’s designee”; and (ii) in subparagraph (A), by striking “the Administrator, the Archivist,” and inserting “the Archivist”; and (2) in subsection (b)— (A) by striking “the Administrator and”; and (B) by striking “designee of either” and inserting “Archivist’s designee”.

   Effective date note
   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.

8. 2017

   Federal Agency Mail Management Act of 2017

   Pub. L. 115–85 § 2(a)(3) · 131 Stat. 1274

   Added · 44 U.S.C. § 2906(c)

   Pub. L. 115–85, § 2(a)(3), added Pub. L. 113–187, § 9(d)(3). See 2014 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 115–85, § 2(a)(3), added Pub. L. 113–187, § 9(d)(3). See 2014 Amendment note below.

   Enacted provision · exact public law section
   (3) in subsection (d)— (A) in paragraph (1), by striking “; and” at the end and inserting a semicolon; (B) in paragraph (2), by striking the period at the end and inserting “; and”; and (C) by inserting at the end the following new paragraph: “(3) by inserting at the end the following new subsection: “ ‘(c) The Administrator (or the Administrator’s designee) may inspect the mail processing practices 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 inspections of mail processing practices and programs.’.” ;

   Effective date note
   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.

16 of 16 references resolved to an enrolled provision