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FAQ - VA 21-22A

What is the purpose of VA 21-22A?
The purpose of VA 21-22A may be: (a) to make it a crime for a person to knowingly and intentionally destroy or attempt to destroy, or to cause to be destroyed, any record or other thing belonging to public or private authorities; (b) to prohibit destruction or destruction of any such record or other thing without authority to act; (c) to provide for a civil action by the director of the National Park Service for any destruction or destruction that is the result of a violation of any law; (d) or to authorize any civil action for damages for any loss or damage that occurs as a result of any such destruction or violation (26 U.S.C. 552(f)), or (e) to create an offense if it is a civil action (26 U.S.C. 552(f)). What are the penalties for violating VA 21-22A? Failure to comply with VA 21-22A requires civil action under VA 21-22A(b). A person may also receive a civil fine and may have any personal property confiscated if it is shown that a person destroyed or caused to be destroyed any record or other thing. May a person be required to indemnify the United States if he or she acts to stop or terminate civil or criminal actions in which he or she is involved? A person may be required to indemnify the United States under the terms of VA 21-22A. If this is so, the United States is responsible in damages and expenses to the claimant that result from any civil action or criminal prosecution in which he or she is involved. Are there any exemptions to the prohibitions of VA 21-22A? Yes. In addition to those mentioned in 26 U.S.C. 552(f), VA 21-22A excludes the following: This section does not prohibit: The use of information obtained by any of the following sources: (a) The Director of National Intelligence, the Department of Justice, the Director of the Federal Bureau of Investigation, or other persons as described in the Domestic Investigations and Operations Guide. (b) Any other officer of the United States or of the United States agency in whose custody or under whose direction information was received. Any law enforcement officer pursuant to an order of a United States district court.
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