Sec. 5. DISPOSAL OF RECORDS

493 words·~2 min read·/statute-compilations/comps-11304/sec-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 5 DISPOSAL OF RECORDS ###

(a)Definition of Records Section 3301 of title 44, United States Code, is amended to read as follows: > > ## “SEC. 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.” > . ###

(b)Regulations Covering Lists of Records for Disposal, Procedure for Disposal, and Standards for Reproduction Section 3302(3) of title 44, United States Code, is amended by striking “photographic or microphotographic processes” and inserting “photographic, microphotographic, or digital processes”. ###

(c)Lists and Schedules of Records To Be Submitted to the Archivist by Head of Each Government Agency Section 3303(1) of title 44, United States Code, is amended by striking “photographed or microphotographed” and inserting “photographed, microphotographed, or digitized”. ###

(d)Examination by Archivist of Lists and Schedules of Records Lacking Preservation Value; Disposal of Records Section 3303a(c) of title 44, United States Code, is amended by striking “the Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives” and inserting “the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate”. ###

(e)Photographs or Microphotographs of Records Considered as Originals; Certified Reproductions Admissible in Evidence Section 3312 of title 44, United States Code, is amended— ####

(1)in the first sentence, by striking “Photographs or microphotographs of records” and inserting “Photographs, microphotographs of records, or digitized records”; and ####

(2)in the second sentence, by striking “photographs or microphotographs” and inserting “photographs, microphotographs, or digitized records”, each place it appears.