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Federal agencies are required to “notify the Archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the agency” (36 CFR Part 1230).
How are federal records destroyed?
Federal records may not be destroyed-except in accordance with the procedures described in Chapter 33 of Title 44, United States Code. The Department’s Records Management Program is responsible for ensuring that the legal, financial, evidentiary and historical transactions are recorded accurately and completely.
What should reports of unauthorized destruction include?
The report should describe the records, the circumstances in which the unauthorized destruction took place, and the corrective steps being taken to properly manage the records in the future.
What is the Federal Record Management Law?
The Federal Records Act (44 U.S.C. 31) and corresponding Code of Federal Regulations (CFRs) require all federal agencies to maintain records that document their activities, file records for safe storage and efficient retrieval, and dispose of records according to agency schedules.
Is it illegal to destroy federal documents?
The taking of a public record or document is prohibited by 18 U.S.C. § 641. The destruction of such records may be reached under 18 U.S.C. Section 2071(a) contains a broad prohibition against destruction of government records or attempts to destroy such records.
What two federal agencies are responsible for overseeing federal records management?
Under the act, both the National Archives and Records Administration (NARA) and federal agencies have responsibilities for managing federal records, including e-mail records.
Is it illegal to destroy government records?
Section 21 of the State Records Act imposes a penalty for the illegal disposal of State records. All public offices must be able to account for their decisions to destroy records. If you destroy a record, you must be able to demonstrate that the destruction was permitted.
Is it a crime to destroy a federal document?
The taking of a public record or document is prohibited by 18 U.S.C. § 641. Section 2071(a) contains a broad prohibition against destruction of government records or attempts to destroy such records.
When you are notified of a records freeze you should destroy all your records?
Frozen records can be destroyed only after notification from the Office of General Counsel (OGC), the Agency Records Officer, and/or other authorized authority that ordered the hold/freeze. 5.
What is the sentence for destruction of federal property?
The penalties for violations of this section are tied to the extent of the property damage. As amended on September 13, 1994, if the damage exceeds $100, the defendant is subject to a fine of up to $250,000, ten years imprisonment, or both.
What happens if you destroy federal property?
Conduct Relating to Government Property Ordinarily, violations of that statute are subject to fines and a maximum prison term of one year. However, if the damage to federal property exceeds $1,000, the statute authorizes increased fines and up to ten years of imprisonment.