44 U.S.C. § 3301 — Definition of records

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 Repealed.] 3308.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 Repealed.]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 by President’’ after ‘‘stand- ards for reproduction’’ in item 3302. 1974—Pub. L. 93–526, title II, § 203, Dec. 19, 1974, 88 Stat. 1702, added items 3315 to 3324. 1970—Pub. L. 91–287, § 3, June 23, 1970, 84 Stat. 322, in- serted item 3303a and struck out items 3304 ‘‘Lists and schedules of records lacking preservation value; sub- mission to Congress by Administrator of General Serv- ices’’, 3305 ‘‘Examination of lists and schedules by joint congressional committee and report to Congress’’, 3306 ‘‘Disposal of records by head of Government agency upon notification by Administrator of General Services of action by joint congressional committee’’, and 3307 ‘‘Disposal of records upon failure of joint congressional committee to act’’. § 3301. Definition of records (a) RECORDS DEFINED.— (1) IN GENERAL.—As used in this chapter, the term ‘‘records’’— (A) includes all recorded information, re- gardless 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 legiti- mate successor as evidence of the organiza- tion, functions, policies, decisions, proce- dures, 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 charac- teristics, including information created, ma- nipulated, communicated, or stored in digital or electronic form. (b) DETERMINATION OF DEFINITION.—The Archi- vist’s determination whether recorded informa- tion, 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. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1299; Pub. L. 94–575, § 4(c)(2), Oct. 21, 1976, 90 Stat. 2727; Pub. L. 113–187, § 5(a), Nov. 26, 2014, 128 Stat. 2009.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 366 (July 7, 1943, ch. 192, § 1, 57 Stat. 380). Editorial Notes AMENDMENTS 2014—Pub. L. 113–187 amended section generally. Prior to amendment, text read as follows: ‘‘As used in this chapter, ‘records’ includes all books, papers, maps, pho- tographs, machine readable materials, or other docu- mentary materials, regardless of physical form or char- acteristics, made or received by an agency of the United States Government under Federal law or in con- nection with the transaction of public business and pre- served or appropriate for preservation by that agency or its legitimate successor as evidence of the organiza- tion, functions, policies, decisions, procedures, oper- ations, or other activities of the Government or be- cause of the informational value of data in them. Li- brary and museum material made or acquired and pre- served solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included.’’ 1976—Pub. L. 94–575 expanded ‘‘records’’ to include ‘‘machine readable materials’’. § 3302. Regulations covering lists of records for disposal, procedure for disposal, and stand- ards for reproduction The Archivist shall promulgate regulations, not inconsistent with this chapter, estab- lishing— (1) procedures for the compiling and submit- ting to the Archivist of lists and schedules of records proposed for disposal, (2) procedures for the disposal of records au- thorized for disposal, and (3) standards for the reproduction of records by photographic, microphotographic, or dig- ital processes with a view to the disposal of the original records. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1299; Pub. L. 94–575, § 4(c)(1), Oct. 21, 1976, 90 Stat. 2727; Pub. L. 98–497, title I, § 107(b)(23), Oct. 19, 1984, 98 Stat. 2290; Pub. L. 113–187, §§ 5(b), 8(12), Nov. 26, 2014, 128 Stat. 2010, 2012.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 367 (July 7, 1943, ch. 192, § 2, 57 Stat. 381; June 30, 1949, ch. 288, title I, § 104, 63 Stat. 381).