44 U.S.C. § 2108 : US Code - Section 2108: Responsibility for custody, use, and withdrawal of records

Search 44 U.S.C. § 2108 : US Code - Section 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.
(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.