§ 3106. Unlawful removal, destruction of records

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. 1968

   Pub. L. 90–620 · 82 Stat. 1238

   Enacted · 44 U.S.C. § 3106

   Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298

   Source evidence

   Code source credit
   Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298

2. 1984

   National Archives and Records Administration Act of 1984

   Pub. L. 98–497 § 107(b)(21) · 98 Stat. 2280

   1. Substituted · 44 U.S.C. § 3106

      Pub. L. 98–497, § 107(b)(21), substituted “Archivist” for “Administrator of General Services”

   2. Substituted · 44 U.S.C. § 3106

      Pub. L. 98–497, § 107(b)(21), substituted “Archivist” for “Administrator”

   Source evidence

   Code amendment note
   Pub. L. 98–497, § 107(b)(21), substituted “Archivist” for “Administrator of General Services” and “Archivist” for “Administrator”.

   Enacted provision · exact public law section
   (21) Sections 3104 and 3106 of such title are amended— (A) by striking out “Administrator of General Services” and inserting in lieu thereof “Archivist”; and (B) by striking out “Administrator” 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.

3. 1984

   National Archives and Records Administration Act of 1984

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

   Inserted · 44 U.S.C. § 3106

   Pub. L. 98–497, § 203(b), inserted at end “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(b), inserted at end “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
   (b) Section 3106 of title 44, United States Code, is amended by adding at the end thereof the following new sentence: ‘Tn 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.

4. 2014

   Presidential and Federal Records Act Amendments of 2014

   Pub. L. 113–187 § 4 · 128 Stat. 2003

   Amended · 44 U.S.C. § 3106

   Pub. L. 113–187 amended section generally. Prior to amendment, text read as follows: “The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, or destruction of records in the custody of the agency of which he is the head that shall come to his attention, and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records he knows or has reason to believe have been unlawfully removed from his agency, or from another Federal agency whose records have been transferred to his legal custody. 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.”

   Source evidence

   Code amendment note
   Pub. L. 113–187 amended section generally. Prior to amendment, text read as follows: “The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, or destruction of records in the custody of the agency of which he is the head that shall come to his attention, and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records he knows or has reason to believe have been unlawfully removed from his agency, or from another Federal agency whose records have been transferred to his legal custody. 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
   SEC. 4. RECORDS MANAGEMENT BY FEDERAL AGENCIES.   Section 3106 of title 44, United States Code, is amended to read as follows: “§ 3106. Unlawful removal, destruction of records “(a) Federal Agency Notification.— The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the agency, and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records the head of the Federal agency knows or has reason to believe have been unlawfully removed from that agency, or from another Federal agency whose records have been transferred to the legal custody of that Federal agency. “(b) Archivist Notification.— In any case in which the head of a Federal 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 described in subsection (a), or is participating in, or believed to be participating in 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.” .

4 of 5 references resolved to an enrolled provision · 1 partial