2014 US Code
Title 44 - Public Printing and Documents (Sections 101 - 4104)
Chapter 31 - Records Management by Federal Agencies (Sections 3101 - 3107)
Sec. 3106 - Unlawful removal, destruction of records
Publication Title | United States Code, 2012 Edition, Supplement 2, Title 44 - PUBLIC PRINTING AND DOCUMENTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 44 - PUBLIC PRINTING AND DOCUMENTS CHAPTER 31 - RECORDS MANAGEMENT BY FEDERAL AGENCIES Sec. 3106 - Unlawful removal, destruction of records |
Contains | section 3106 |
Date | 2014 |
Laws In Effect As Of Date | January 5, 2015 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 98-497, title I, §107(b)(21), title II, §203(b), Oct. 19, 1984, 98 Stat. 2290, 2294; Pub. L. 113-187, §4, Nov. 26, 2014, 128 Stat. 2009. |
Statutes at Large References | 64 Stat. 583 82 Stat. 1298 98 Stat. 2290 128 Stat. 2009 |
Public and Private Laws | Public Law 90-620, Public Law 98-497, Public Law 113-187 |
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(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.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 98–497, title I, §107(b)(21), title II, §203(b), Oct. 19, 1984, 98 Stat. 2290, 2294; Pub. L. 113–187, §4, Nov. 26, 2014, 128 Stat. 2009.)
HISTORICAL AND REVISION NOTESBased on 44 U.S. Code, 1964 ed., §396(f) (June 30, 1949, ch. 288, title V, §506(f), as added Sept. 5, 1950, ch. 849, §6(d), 64 Stat. 583).
AMENDMENTS2014—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."
1984—Pub. L. 98–497, §107(b)(21), substituted "Archivist" for "Administrator of General Services" and "Archivist" for "Administrator".
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."
EFFECTIVE DATE OF 1984 AMENDMENTAmendment 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.
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