44 U.S.C. § 2905
Section 2905 · Establishment of standards for selective retention of records; security measures
Amended 4 times on record
Applied in 16 court decisions — leading case Kissinger v. Reporters Committee for Freedom of the Press (1980)
Most recently applied in Wagdy v. Sullivan (July 2018)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
The Archivist shall establish standards for the selective retention of records of continuing value, and assist Federal agencies in applying the standards to records in their custody. The Archivist shall notify the head of a Federal agency of any actual, impending, or threatened unlawful removal, defacing, alteration, or destruction of records in the custody of the agency that shall come to the Archivist’s attention, and assist the head of the agency in initiating action through the Attorney General for the recovery of records unlawfully removed and for other redress provided by law. In any case in which the head of the agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.
The Archivist shall assist the Administrator for the Office of Information and Regulatory Affairs in conducting studies and developing standards relating to record retention requirements imposed on the public and on State and local governments by Federal agencies.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Based on 44 U.S. Code, 1964 ed., § 395(b) (June 30, 1949, ch. 288, title V, § 505(b), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
Amendments
2014—Subsec. (a). Pub. L. 113–187 substituted “The Archivist shall notify” for “He shall notify” and “the Archivist’s attention” for “his attention”.
1984—Subsec. (a). Pub. L. 98–497, § 107(b)(15)(B), substituted “Archivist” for “Administrator of General Services”.
Pub. L. 98–497, § 203(a), inserted “In any case in which the head of the agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.”
Subsec. (b). Pub. L. 98–497, § 107(b)(15)(B), substituted “Archivist” for “Administrator of General Services”.
1980—Pub. L. 96–511 designated existing provisions as subsec. (a) 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.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–511 effective on Apr. 1, 1981, see section 5 of Pub. L. 96–511, set out as a note under section 2904 of this title.