U.S. Code » Title 44 » Chapter CHAPTER 31— RECORDS MANAGEMENT BY FEDERAL AGENCIES

44 U.S.C. § 3105

Safeguards

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 44 CasesGoogle Scholar
The head of each Federal agency shall establish safeguards against the removal or loss of records the head of such agency determines to be necessary and required by regulations of the Archivist. Safeguards shall include making it known to officials and employees of the agency—(1) that records in the custody of the agency are not to be alienated or destroyed except in accordance with sections 3301–3314 of this title, and(2) the penalties provided by law for the unlawful removal or destruction of records.(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1298; Pub. L. 98–497, title I, § 107(b)(22), Oct. 19, 1984, 98 Stat. 2290; Pub. L. 113–187, § 8(11), Nov. 26, 2014, 128 Stat. 2012.)Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., § 396(e) (June 30, 1949, ch. 288, title V, § 506(e), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).

Editorial NotesReferences in Text

Sections 3304 to 3307 of this title, included in the reference in par. (1) to sections 3301 to 3314 of this title, were repealed by Pub. L. 91–287, § 2(c), June 23, 1970, 84 Stat. 321.

Amendments

2014—Pub. L. 113–187 substituted “the head of such agency” for “he” in introductory provisions.

1984—Pub. L. 98–497 substituted “Archivist” for “Administrator of General Services”.

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 10 cases (1 in the last 5 years), 1991–2021 · leading case: Scott Armstrong v. George Bush, 924 F.2d 282 (D.C. Cir. 1991).
Sort: Relevance Newest Treatment
Scott Armstrong v. George Bush, 924 F.2d 282 (D.C. Cir. 1991). · cites it 2× “§ 3102 , and “shall establish safeguards against the removal or loss of records,” 44 U.S.C. § 3105 . Although the FRA understandably leaves the details of records management to the discretion of individual agency heads, it does contain several specific requirements, including…”
Jud. Watch, Inc. v. John Kerry, 844 F.3d 952 (D.C. Cir. 2016). “44 U.S.C. § 3105 (1). If the relevant agency head becomes aware of “any actual, impending, or threatened unlawful removal .”
In re: Hillary Clinton (REVISED), 973 F.3d 106 (D.C. Cir. 2020). “Unlike the Federal Records Act – which requires federal agencies to protect against the removal or loss of records, 44 U.S.C. § 3105 , and allows certain 16 parties to bring suit to compel enforcement action to recover unlawfully removed or destroyed documents, id.”
Citizens for Responsibility & Ethics in Washington v. U.S. Sec. & Exch. Comm'n, 858 F. Supp. 2d 51 (D.D.C. 2012). “Instead, the FRA contemplates that the agency head and Archivist may proceed first by invoking the agency’s “safeguards against the removal or loss of records,” 44 U.S.C. § 3105 , and tak *64 ing such intra-agency actions as disciplining the staff involved in the unlawful…”
In re: Hillary Clinton, 970 F.3d 357 (D.C. Cir. 2020). “Unlike the Federal Records Act – which requires federal agencies to protect against the removal or loss of records, 44 U.S.C. § 3105 , and allows certain 16 parties to bring suit to compel enforcement action to recover unlawfully removed or destroyed documents, id.”
Armstrong v. Exec. Off. of the President, 1 F.3d 1274 (D.C. Cir. 1993). “” 44 U.S.C. § 3105 ; see also 36 C.F.R. § 1220.”
Jacobs v. Schiffer, 47 F. Supp. 2d 16 (D.D.C. 1999). · cites it 3× “§ 3322 (a)(1) (concerning the disclosure of grand jury information in banking cases); 44 U.S.C. § 3105 (requiring agency heads to establish safeguards against the removal of government records); DOJ Order 2710.”
Brady Ctr. to Prevent Gun Violence v. U.S. Dep't of Just. (D.D.C. 2019). “§ 706 (1), and the Federal Records Act, 44 U.S.C. § 3105 . See Judicial Watch, Inc.”
Am. Oversight v. U.S. Dep't of Vets. Affairs (D.D.C. 2020). “12 (quoting 44 U.S.C. § 3105 ). Such safeguards may include “intra-agency actions” like “disciplining the staff involved in the unlawful action, increasing oversight by higher agency officials, or threatening legal action.”
Ctr. for Biological Diversity v. U.S. Bureau of Land Mgmt. (D.D.C. 2021). “(citing 44 U.S.C. §§ 3105 , 3106(a)); see also Judicial Watch, Inc.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.