36 C.F.R. Subpart G—Damage to, Alienation, and Unauthorized Destruction of Records
Title 36 - Parks, Forests, and Public Property
(a) The Archivist of the United States and heads of Federal agencies are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of Federal agencies or destroyed without regard to the provisions of agency records schedules (SF 115 approved by NARA or the General Records issued by NARA). (b) The heads of Federal agencies are responsible for ensuring that all employees are aware of the provisions of the law relating to unauthorized destruction, alienation, or mutilation of records, and should direct that any such action be reported to them. [55 FR 27433, July 2, 1990, as amended at 64 FR 67665, Dec. 2, 1999] The maximum penalty for the willful and unlawful destruction, damage, or alienation of Federal records is a $2,000 fine, 3 years in prison, or both (18 U.S.C. 2071). [55 FR 27434, July 2, 1990] (a) The head of a Federal agency shall report any unlawful or accidental destruction, defacing, alteration, or removal of records in the custody of that agency to NARA (NWML), 8601 Adelphi Rd., College Park, MD 20740–6001. The report shall include: (1) A complete description of the records with volume and dates if known; (2) The office of origin; (3) A statement of the exact circumstances surrounding the alienation, defacing, or destruction of the records; (4) A statement of the safeguards established to prevent further loss of documentation; and (5) When appropriate, details of the actions taken to salvage, retrieve, or reconstruct the records. (b) This report has been cleared in accordance with GSA regulations in Title 41 of the CFR and assigned Interagency Report Control Number 0285-NAR-AR. (c) The Archivist of the United States will assist the head of the agency in contacting the Attorney General for the recovery of any unlawfully removed records. [45 FR 5705, Jan. 24, 1980, as amended at 46 FR 60205, Dec. 9, 1981. Redesignated and amended at 50 FR 15723, 15725, Apr. 19, 1985; 51 FR 23538, June 30, 1986. Redesignated and amended at 55 FR 27434, July 2, 1990; 63 FR 35829, July 1, 1998; 66 FR 27027, May 16, 2001] Private or personal files are not governed by these provisions. 36 CFR 1222.36 provides the legal definition of personal papers and prescribes standards for their maintenance. [45 FR 5705, Jan. 24, 1980. Redesignated and amended at 50 FR 15723, 15725, Apr. 19, 1985. Further redesignated at 55 FR 27433, July 2, 1990; 66 FR 27027, May 16, 2001]
Title 36: Parks, Forests, and Public Property
PART 1228—DISPOSITION OF FEDERAL RECORDS
Subpart G—Damage to, Alienation, and Unauthorized Destruction of Records
§ 1228.100 Responsibilities.
§ 1228.102 Criminal penalties.
§ 1228.104 Reporting.
§ 1228.106 Exclusions.
