44 U.S.C. § 2115

Reports; correction of violations

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(a) In carrying out the duties and responsibilities under chapters 21, 25, 29, 31, and 33 of this title, the Archivist may obtain reports from any Federal agency on such agency’s activities under such chapters.(b) When the Archivist finds that a provision of any such chapter has been or is being violated, the Archivist shall (1) inform in writing the head of the agency concerned of the violation and make recommendations for its correction; and (2) unless satisfactory corrective measures are demonstrably commenced within a reasonable time, submit a written report of the matter to the President and the Congress.(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1290, § 2111; Pub. L. 94–575, § 4(b), Oct. 21, 1976, 90 Stat. 2727; renumbered § 2115 and amended Pub. L. 98–497, title I, §§ 102(a)(1), 107(a)(8), Oct. 19, 1984, 98 Stat. 2280, 2286; Pub. L. 113–187, § 9(e), Nov. 26, 2014, 128 Stat. 2014.)Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., § 398 (June 30, 1949, ch. 288, title V, § 508, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).

Editorial NotesAmendments

2014—Subsec. (a). Pub. L. 113–187, § 9(e)(1), substituted “the duties” for “their respective duties” and struck out “and the Administrator” after “the Archivist” and “each” before “obtain reports”.

Subsec. (b). Pub. L. 113–187, § 9(e)(2), struck out “either” after “When”, struck out “or the Administrator” after “the Archivist” in two places, and substituted “demonstrably commenced” for “inaugurated”.

1984—Pub. L. 98–497, § 107(a)(8), amended section generally, inserting reference to Archivist and striking out reference to chapter 27 of this title.

1976—Subsec. (b). Pub. L. 94–575 inserted reference to chapter 33 of this title.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1997–2026 · leading case: Citizens for Responsibility & Ethics in Wash. v. Pruitt

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Citizens for Responsibility & Ethics in Wash. v. Pruitt (2018) cadc · cites it 3× “" 44 U.S.C. § 2115 . B. Factual History CREW and PEER are two nonprofit "public interest organization[s]" dedicated, respectively, to informing "citizens .”

Public Citizen v. Carlin (1997) dcd “44 U.S.C. § 2115 (b). In addition, if the Archivist discovers any “actual, impending, or threatened unlawful removal, defacing, alteration, or destruction of records in the custody of [an] agency,” he must notify the agency head and assist him or her in initiating an action…”

Price v. United States Department of Justice (2019) dcd · cites it 2× “There, the court considered whether plaintiffs had adequately stated an APA claim under another section of the FRA, 44 U.S.C. § 2115 , which provides in relevant part: When the Archivist finds that a provision of any such chapter has been or is being violated, the Archivist…”

Citizens for Responsibility and Ethics in Washington v. Pruitt (2018) dcd “” 44 U.S.C. § 2115 . B. Factual History CREW and PEER are two nonprofit “public interest organization[s]” dedicated, respectively, to informing “citizens .”

Citizens for Responsibility and Ethics in Washington v. Pompeo (2020) dcd “If the Archivist makes a finding of agency noncompliance with the FRA, she must notify the offending agency, and, should it fail to “commence[]” “satisfactory corrective measures .”

Williams v. National Aeronautics and Space Administration (2026) dcd “The Court then recognized that a "finding of a violation" is a "condition precedent" to another FRA provision requiring the Archivist to take enforcement action, and "it would make little sense to read§ 3106 differently[.”

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