C.F.R. » Title 36 » CHAPTER XII—NATIONAL ARCHIVES AND RECORDS ADMINISTRATION › SUBCHAPTER B—RECORDS MANAGEMENT › PART 1230—UNLAWFUL OR ACCIDENTAL REMOVAL, DEFACING, ALTERATION, OR DESTRUCTION OF RECORDS

36 C.F.R. § 1230.3

What definitions apply to this part?

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(a) See § 1220.18 of this subchapter for definitions of terms used throughout Subchapter B, including part 1230.

(b) As used in part 1230—

Alteration means the unauthorized annotation, addition, or deletion to a record.

Deface means to obliterate, mar, or spoil the appearance or surface of a record that impairs the usefulness or value of the record.

Removal means selling, donating, loaning, transferring, stealing, or otherwise allowing a record to leave the custody of a Federal agency without the permission of the Archivist of the United States.

Unlawful or accidental destruction (also called unauthorized destruction) means disposal of an unscheduled or permanent record; disposal prior to the end of the NARA-approved retention period of a temporary record (other than court-ordered disposal under § 1226.14(d) of this subchapter); and disposal of a record subject to a FOIA request, litigation hold, or any other hold requirement to retain the records.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2024–2024 · leading case: Am. First Legal Found. v. Becerra (D.D.C. 2024).
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Am. First Legal Found. v. Becerra (D.D.C. 2024). “” 36 C.F.R. § 1230.3 (b). Plaintiff argues that CDC allows former employees’ emails to leave the agency’s custody when the agency “transfers” the emails to Microsoft ninety days after the employee departs.”
Proj. on Gov't Oversight, Inc. v. Nat'l Archives & Records Admin. (D.D.C. 2024). “to Dismiss at 1, 7 (citing 36 C.F.R. § 1230.3 (b)). In the defendants’ view, the initiation-of-action-duty language speaks only to “records unlawfully removed,” and the referral duty is triggered upon abdication of the initiation-of-action duty, 44 U.”
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