§3301 — Title 44 Public Printing and Documents | U.S. Code

Summary

Defines what counts as a record for federal agencies. A record is any recorded information in any format that a federal agency creates or gets under federal law or while doing public business and keeps (or should keep) because it shows how the government is set up, works, makes decisions, sets policy, or has useful data. It does not cover library or museum items kept only for display or reference, or duplicate copies kept just for convenience. Recorded information includes paper, tape, film, and electronic or digital files. The Archivist’s decision about whether something is a record must be followed by all federal agencies.

Title 44, §3301

Public Printing and Documents — Source: USLM XML via OLRC

(a)(1)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)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)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.

Notes & Related Subsidiaries

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, 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.” 1976—Pub. L. 94–575 expanded “records” to include “machine readable materials”.

§3301 Definition of Records