U.S. Code » Title 44 » Chapter CHAPTER 33— DISPOSAL OF RECORDS

44 U.S.C. § 3301

Definition of records

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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.(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 NotesAmendments

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”.

Notes of Decisions
Cited in 80 cases (10 in the last 5 years), 1971–2026 · leading case: Kissinger v. Reporters Comm. for Freedom of the Press, 445 U.S. 136 (1980).
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Kissinger v. Reporters Comm. for Freedom of the Press, 445 U.S. 136 (1980). · cites it 4× “; 44 U. S. C. § 3301 et seq. (1976 ed. and Supp.”
United States Dep't of Just. v. Tax Analysts, 492 U.S. 136 (1989). · cites it 4× “, at 183, where we looked to the definition of agency records in the Records Disposal Act, 44 U. S. C. § 3301 . Under that definition, agency records include "all books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical…”
Rohrbough v. Harris, 549 F.3d 1313 (10th Cir. 2008). · cites it 6× “44 U.S.C. § 3301 . (This definition also applies in chapters 21, 25, 29 and 31.”
Wilson v. Cent. Intelligence Agency, 586 F.3d 171 (2d Cir. 2009). · cites it 4× “Plaintiffs argue that the CIA's February 10 Letter qualifies as a "public" document under the Federal Records Act, 44 U.S.C. § 3301 , and Federal Rule of Evidence 902.”
Susan D. Goland & Patricia B. Skidmore v. Cent. Intelligence Agency, 607 F.2d 339 (D.C. Cir. 1978). · cites it 2× “In support of this argument, plaintiffs cite 44 U.S.C.A. § 3301 (West Supp.1977), an earlier version of which is quoted in the Attorney General’s FOIA Memorandum, supra note 24 at 23.”
The Bureau of Nat'l Affairs, Inc. v. United States Dep't of Just. Env't Def. Fund v. Off. of Mgmt. & Budget, 742 F.2d 1484 (D.C. Cir. 1984). · cites it 2× “V 1981); Records Disposal Act, 44 U.S.C. § 3301 et seq. (1976 & Supp. V 1981); Presidential Records Act of 1978, 44 U.”
Armstrong v. Exec. Off. of the President, 810 F. Supp. 335 (D.D.C. 1993). · cites it 4× “44 U.S.C. § 3301 (emphasis added). The plain language of the statute and legislative history show a clear legislative purpose to allow private researchers and those whose rights may have been affected by the actions of government to have access to the records under the FRA.”
Encore Coll. Bookstores, Inc. v. Auxiliary Serv. Corp., 663 N.E.2d 302 (NY 1995). “, Department of Justice v Tax Analysts, 492 US 136, 144-145 ), this construction rested in part on the definition of "records” contained in two similar Federal statutes: The Records Disposal Act (defining "agency records” as documents "made or received by an agency” [ 44 USC §…”
Fielding M. McGehee III v. Cent. Intelligence Agency, 697 F.2d 1095 (D.C. Cir. 1983). “See 44 U.S.C. § 3301 (1976) (expansive definition for purposes of the “disposal of records”).”
Forsham v. Harris, 445 U.S. 169 (1980). “44 U. S. C. § 3301 . 14 (Emphasis added.) The Attorney General’s Memorandum on the Public Information Section of the Administrative Procedure Act 23-24 (1967), S.”
Consum. Fed'n of Am. v. Dep't of Agric., 455 F.3d 283 (D.C. Cir. 2006). · cites it 3× “Harris, the Supreme Court explained that, to constitute ''records” under the Records Disposal Act, 44 U.S.C. § 3301 (a term that has the same meaning under the FRA, see 44 U.”
Wolf v. Cent. Intelligence Agency, 569 F. Supp. 2d 1 (D.D.C. 2008). “, and the Disposal of Records Act, 44 U.S.C. § 3301 et seq. While a FOIA action assesses the sufficiency of the agency’s search for documents, the proposed APA claim relates to the agencies’ compliance with various recordkeeping laws.”
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