§ 2108. — Responsibility for custody, use, and withdrawal of records.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 44USC2108]
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
CHAPTER 21--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Sec. 2108. Responsibility for custody, use, and withdrawal of
records
(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,,\1\ 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 agency's 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.
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\1\ So in original.
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(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, Sec. 2104; Pub. L. 95-
416, Sec. 1(b), Oct. 5, 1978, 92 Stat. 915; renumbered Sec. 2108 and
amended Pub. L. 98-497, title I, Secs. 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., Sec. 397(b) (June 30, 1949, ch.
288, title V, Sec. 507, as added Sept. 5, 1950, ch. 849, Sec. 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, Sec. 602(a)(32), renumbered and added Sept.
5, 1950, ch. 849, Sec. 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, Sec. 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, Sec. 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.
Section Referred to in Other Sections
This section is referred to in sections 3102, 3317 of this title.
