§ 3301. Definition of records

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1968

   Pub. L. 90–620 · 82 Stat. 1238

   Enacted · 44 U.S.C. § 3301

   Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1299

   Source evidence

   Code source credit
   Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1299

2. 1976

   Federal Records Management Amendments of 1976

   Pub. L. 94–575 § 4(c)(2) · 90 Stat. 2723

   Changed · 44 U.S.C. § 3301

   Pub. L. 94–575 expanded “records” to include “machine readable materials”

   Source evidence

   Code amendment note
   Pub. L. 94–575 expanded “records” to include “machine readable materials”.

   Enacted provision · exact public law section
   (2) by inserting “machine readable materials,” immediately after “photographs,” in section 3301.

3. 2014

   Presidential and Federal Records Act Amendments of 2014

   Pub. L. 113–187 § 5(a) · 128 Stat. 2003

   Amended · 44 U.S.C. § 3301

   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, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government 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 Government or because of the informational value of data in them. Library and museum material made or acquired and preserved 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.”

   Source evidence

   Code amendment note
   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, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government 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 Government or because of the informational value of data in them. Library and museum material made or acquired and preserved 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.”

   Enacted provision · exact public law section
   (a) Definition of Records.— Section 3301 of title 44, United States Code, is amended to read as follows: “§ 3301. Definition of records “(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.” .

2 of 3 references resolved to an enrolled provision · 1 partial