44 U.S.C. § 2906

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 2906 - Inspection of agency records

(a)

(1) In carrying out the duties and responsibilities under this chapter, the Archivist (or the the ¹ Archivist's designee) may inspect the records or the records management practices and programs of any Federal agency for the purpose of rendering recommendations for the improvement of records management practices and programs and for determining whether the records of Federal agencies have sufficient value to warrant continued preservation or lack sufficient value to justify continued preservation. 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 Archivist, subject to the approval of the head of the agency concerned or of the President.

(3) If the Archivist (or the Archivist's designee) 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 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 Archivist (or the Archivist's 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.

(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.

¹ So in original.

44 U.S.C. § 2906

Added Pub. L. 94-575, §2(a)(3), Oct. 21, 1976, 90 Stat. 2725; amended Pub. L. 98-497, title I, §107(b)(17), Oct. 19, 1984, 98 Stat. 2289; Pub. L. 113-187, §9(d), Nov. 26, 2014, 128 Stat. 2013; Pub. L. 115-85, §2(a)(3), Nov. 21, 2017, 131 Stat. 1275.

EDITORIAL NOTES

PRIOR PROVISIONSA 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, §2(a)(3).

AMENDMENTS2017-Subsec. (c). Pub. L. 115-85, §2(a)(3), added Pub. L. 113-187, §9(d)(3). See 2014 Amendment note below.2014-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".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.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,".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".Subsec. (c). Pub. L. 113-187, §9(d)(3), as added by Pub. L. 115-85, §2(a)(3), added subsec. (c).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."

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2017 AMENDMENTAmendment by Pub. L. 115-85 effective as if included in Pub. L. 113-187 see section 2(b) of Pub. L. 115-85set out as a note under section 2902 of this title.

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.

Archivist

the term "Archivist" means the Archivist of the United States;

inspection

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;

records management

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;