44-U.S.C.-2108
§2108 – Responsibility For Custody, Use, and Withdrawal of Records
Pathway
Title 44 > Chapter 21 > Section 2108
Details
- Reference: Section 2108
- Legend: §2108 – Responsibility For Custody, Use, and Withdrawal of Records
- USCode Year: 2013
Provision Content
(a) The Archivist shall be responsible for the custody, use, and withdrawal of records transferred to him. When records, the use of which is subject to statutory limitations and restrictions, are so transferred, permissive and restrictive statutory provisions with respect to the examination and use of records applicable to the head of the agency from which the records were transferred or to employees of that agency are applicable to the Archivist and to the employees of the National Archives and Records Administration, respectively. Except as provided in subsection (b) of this section, when the head of a Federal agency states, in writing, restrictions that appear to him to be necessary or desirable in the public interest with respect to the use or examination of records being considered for transfer from his custody to the Archivist, the Archivist shall, if he concurs,, impose such restrictions on the records so transferred, and may not relax or remove such restrictions without the written concurrence of the head of the agency from which the material was transferred, or of his successor in function, if any. In the event that a Federal agency is terminated and there is no successor in function, the Archivist is authorized to relax, remove, or impose restrictions on such agencys records when he determines that such action is in the public interest. Statutory and other restrictions referred to in this subsection shall remain in force until the records have been in existence for thirty years unless the Archivist by order, having consulted with the head of the transferring Federal agency or his successor in function, determines, with respect to specific bodies of records, that for reasons consistent with standards established in relevant statutory law, such restrictions shall remain in force for a longer period. Restriction on the use or examination of records deposited with the National Archives of the United States imposed by section 3 of the National Archives Act, approved June 19, 1934, shall continue in force regardless of the expiration of the tenure of office of the official who imposed them but may be removed or relaxed by the Archivist with the concurrence in writing of the head of the agency from which material was transferred or of his successor in function, if any.
(b) With regard to the census and survey records of the Bureau of the Census containing data identifying individuals enumerated in population censuses, any release pursuant to this section of such identifying information contained in such records shall be made by the Archivist pursuant to the specifications and agreements set forth in the exchange of correspondence on or about the date of October 10, 1952, between the Director of the Bureau of the Census and the Archivist of the United States, together with all amendments thereto, now or hereafter entered into between the Director of the Bureau of the Census and the Archivist of the United States. Such amendments, if any, shall be published in the Register.
(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1288, §2104; Pub. L. 95–416, §1(b), Oct. 5, 1978, 92 Stat. 915; renumbered §2108 and amended Pub. L. 98–497, title I, §§102(a)(1), 107(a)(2), Oct. 19, 1984, 98 Stat. 2280, 2285.)
Historical and Revision Notes
Based on 44 U.S. Code, 1964 ed., §397(b) (June 30, 1949, ch. 288, title V, §507, as added Sept. 5, 1950, ch. 849, §6(d), 64 Stat. 583).
References in Text
Section 3 of the National Archives Act, approved June 19, 1934, referred to in subsec. (a), was classified to section 300c of former Title 44, Public Printing and Documents, and was repealed by act June 30, 1949, ch. 288, title VI, §602(a)(32), renumbered and added Sept. 5, 1950, ch. 849, §7(d), 64 Stat. 590.
Prior Provisions
A prior section 2108 was renumbered section 2112 of this title.
Amendments
1984—Subsec. (a). Pub. L. 98–497, §107(a)(2), substituted the Archivist and to the employees of the National Archives and Records Administration for the Administrator, the Archivist of the United States, and to the employees of the General Services Administration, struck out and in consultation with the Archivist of the United States before impose such restrictions in third sentence, struck out the Archivist and after having consulted with in fifth sentence, substituted Archivist for Administrator of General Services wherever appearing, and substituted Archivist for Administrator wherever appearing.
Subsec. (b). Pub. L. 98–497, §107(a)(2)(D), substituted Archivist for Administrator of General Services.
1978—Pub. L. 95–416 designated existing provisions as subsec. (a), inserted provisions permitting the Administrator to relax, remove, or impose restrictions in the public interest of records of agencies which have been terminated and requiring the Administrator with regard to duration of restrictions to consult with the Archivist and the head of the transferring Federal agency or his successor in function, and substituted thirty years for fifty years, and added subsec. (b).
Effective Date of 1984 Amendment
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.
U.S. Encyclopedia of Law Coverage
44-U.S.C.-2108 in the Legal Encyclopedia: Public Documents
In this entry about 44-U.S.C.-2108, find legal reference material, bibliographies and premiere content related to public documents in the American Encyclopedia of Law, presenting a comprehensive view of the United States public documents-specific issues, written by authorities in the field.
Chapter 21 – National Archives and Records Administration in the Legal Encyclopedia: Records
In this entry about Chapter 21 – National Archives and Records Administration, find legal reference material, bibliographies and premiere content related to records in the American Encyclopedia of Law, presenting a comprehensive view of the United States records-specific issues, written by authorities in the field.
Leave a Reply