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44 U.S.C. § 3301 — Definition of records
Federal law — U.S. Code and appendices · legal_authorities
**(a) Records Defined.—**
(1) **In general.—** — As used in this chapter, the term “records”—
(A) includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them; and
(B) does not include—
(i) library and museum material made or acquired and preserved solely for reference or exhibition purposes; or
(ii) duplicate copies of records preserved only for convenience.
(2) **Recorded information defined.—** — For purposes of paragraph (1), the term “recorded information” includes all traditional forms of records, regardless of physical form or characteristics, including information created, manipulated, communicated, or stored in digital or electronic form.
**(b) Determination of Definition.—** The Archivist’s determination whether recorded information, regardless of whether it exists in physical, digital, or electronic form, is a record as defined in subsection (a) shall be binding on all Federal agencies.
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Source file: Laws/federal/codes/united-states-code/title-44/section-3301-definition-of-records--60ee9750a4.md
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Source location: Title 44, Chapter 33, § 3301; chapter-033-disposal-of-records.md
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**(a) Records Defined.—**
(1) **In general.—** — As used in this chapter, the term “records”—
(A) includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them; and
(B) does not include—
(i) library and museum material made or acquired and preserved solely for reference or exhibition purposes; or
(ii) duplicate copies of records preserved only for convenience.
(2) **Recorded information defined.—** — For purposes of paragraph (1), the term “recorded information” includes all traditional forms of records, regardless of physical form or characteristics, including information created, manipulated, communicated, or stored in digital or electronic form.
**(b) Determination of Definition.—** The Archivist’s determination whether recorded information, regardless of whether it exists in physical, digital, or electronic form, is a record as defined in subsection (a) shall be binding on all Federal agencies.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority To Make Loans and Gifts.—** The Secretary of the Navy may lend or give, without expense to the United States, items described in subsection (b) that are not needed by the Department of the Navy to any of the following:
(1) A State, Commonwealth, or possession of the United States, or political subdivision or municipal corporation thereof.
(2) The District of Columbia.
(3) A library.
(4) A historical society.
(5) An educational institution whose graduates or students fought in a foreign war.
(6) A servicemen’s monument association.
(7) A State museum.
(8) A museum or memorial operated and maintained for educational purposes only, whose charter denies it the right to operate for profit.
(9) A post of the Veterans of Foreign Wars of the United States.
(10) A post of the American Legion.
(11) Any other recognized war veterans’ association.
(12) A post of the Sons of Veterans Reserve.
**(b) Items Eligible for Disposal.—** This section applies to the following types of property held by the Department of the Navy:
(1) Captured, condemned, or obsolete ordnance material.
(2) Captured, condemned, or obsolete combat or shipboard material.
**(c) Regulations.—** A loan or gift made under this section shall be subject to regulations prescribed by the Secretary and to regulations under [section 121 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section121&num=0&edition=prelim).
**(d) Maintenance of the Records of the Government.—** Records of the Government as defined in [section 3301 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3301&num=0&edition=prelim) may not be disposed of under this section.
**(e) Alternative Authorities To Make Gifts or Loans.—** If any disposition i
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8765
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** When it appears to the Archivist to be in the public interest, the Archivist may—
(1) accept for deposit with the National Archives of the United States the records of a Federal agency, the Congress, the Architect of the Capitol, or the Supreme Court determined by the Archivist to have sufficient historical or other value to warrant their continued preservation by the United States Government;
(2) direct and effect the transfer of records of a Federal agency determined by the Archivist to have sufficient historical or other value to warrant their continued preservation by the United States Government to the National Archives of the United States, as soon as practicable, and at a time mutually agreed upon by the Archivist and the head of that Federal agency not later than thirty years after such records were created or received by that agency, unless the head of such agency has certified in writing to the Archivist that such records must be retained in the custody of such agency for use in the conduct of the regular business of the agency;
(3) direct and effect, with the approval of the head of the originating Federal agency, or if the existence of the agency has been terminated, with the approval of the head of that agency’s successor in function, if any, the transfer of records, deposited or approved for deposit with the National Archives of the United States to public or educational institutions or associations; title to the records to remain vested in the United States unless otherwise authorized by Congress; and
(4) transfer materials from private sources authorized to be received by the Archivist by [section 2111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section2111&num=0&edition=prelim).
**(b) Ear
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 2107
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Federal law — U.S. Code and appendices · legal_authorities
**(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,,11 So in original. 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
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, and chapters 21, 25, 31, and 33 of this title—
(1) the term “records” has the meaning given it by [section 3301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3301&num=0&edition=prelim);
(2) the term “records management” means the planning, controlling, directing, organizing, training, promoting, and other managerial activities involved with respect to records creation, records maintenance and use, and records disposition in order to achieve adequate and proper documentation of the policies and transactions of the Federal Government and effective and economical management of agency operations;
(3) the term “records creation” means the production or reproduction of any record;
(4) the term “records maintenance and use” means any activity involving—
(A) location of records of a Federal agency;
(B) storage, retrieval, and handling of records kept at office file locations by or for a Federal agency;
(C) processing of mail by a Federal agency; or
(D) selection and utilization of equipment and supplies associated with records and copying;
(5) the term “records disposition” means any activity with respect to—
(A) disposal of temporary records no longer necessary for the conduct of business by destruction or donation;
(B) transfer of records to Federal agency storage facilities or records centers;
(C) transfer to the National Archives of the United States of records determined to have sufficient historical or other value to warrant continued preservation; or
(D) transfer of records from one Federal agency to any other Federal agency;
(6) the term “records center” means an establishment maintained and operated by the Archivist or by another Federal agency primarily for the storage,
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 2901
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Federal law — U.S. Code and appendices · legal_authorities
Page 131
TITLE 44—PUBLIC PRINTING AND DOCUMENTS
§ 3302
3303a.
Examination by Archivist of lists and sched-
ules of records lacking preservation value;
disposal of records.
[3304 to 3307.
Repealed.]
3308.
Disposal of similar records where prior dis-
posal was authorized.
3309.
Preservation of claims of Government until
settled in Government Accountability Of-
fice; disposal authorized upon written ap-
proval of Comptroller General.
3310.
Disposal of records constituting menace to
health, life, or property.
3311.
Destruction of records outside continental
United States in time of war or when hos-
tile action seems imminent; written report
to Archivist.
3312.
Photographs or microphotographs of records
considered as originals; certified reproduc-
tions admissible in evidence.
3313.
Moneys from sale of records payable into the
Treasury.
3314.
Procedures for disposal of records exclusive.
[3315 to 3324.
Repealed.]
Editorial Notes
AMENDMENTS
2014—Pub. L. 113–187, § 7(b), Nov. 26, 2014, 128 Stat.
2011, struck out items 3315 ‘‘Definitions’’, 3316 ‘‘Estab-
lishment of Commission’’, 3317 ‘‘Duties of Commis-
sion’’, 3318 ‘‘Membership’’, 3319 ‘‘Director and staff; ex-
perts and consultants’’, 3320 ‘‘Powers of Commission’’,
3321 ‘‘Support services’’, 3322 ‘‘Report’’, 3323 ‘‘Termi-
nation’’, and 3324 ‘‘Authorization of appropriations’’.
2004—Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814,
substituted ‘‘Government Accountability Office’’ for
‘‘General Accounting Office’’ in item 3309.
1984—Pub. L. 98–497, title I, § 107(b)(25)(D), Oct. 19,
1984, 98 Stat. 2290, substituted ‘‘Archivist’’ for ‘‘Admin-
istrator of General Services’’ in items 3303, 3303a, and
3311.
1976—Pub. L. 94–575, § 4(c)(1), Oct. 21, 1976, 90 Stat.
2727, struck out ‘‘; approval
Source: Supplied 2024 U.S. Code historical extraction · 44 U.S.C. § 3301
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