HR 1233 RFS 
istence of the agency has been terminated, with the 
approval of the head of that agency’s successor in 
function, if any, the transfer of records, deposited or 
approved for deposit with the National Archives of 
the United States to public or educational institu-
tions or associations; title to the records to remain 
vested in the United States unless otherwise author-
ized by Congress; and 
‘‘(4) transfer materials from private sources au-
thorized to be received by the Archivist by section 
2111 of this title. 
‘‘(b) EARLY TRANSFER OF RECORDS.—The Archi-
vist— 
‘‘(1) in consultation with the head of the origi-
nating Federal agency, is authorized to accept a 
copy of the records described in subsection (a)(2) 
that have been in existence for less than thirty 
years; and 
‘‘(2) may not disclose any such records until 
the expiration of— 
‘‘(A) the thirty-year period described in 
paragraph (1); 
‘‘(B) any longer period established by the 
Archivist by order; or 
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‘‘(C) any shorter period agreed to by the 
originating Federal agency.’’. 
(b) MATERIAL ACCEPTED FOR DEPOSIT.—Section 
2111 of title 44, United States Code, is amended to read 
as follows: 
‘‘§ 2111. Material accepted for deposit 
‘‘(a) IN GENERAL.—When the Archivist considers it 
to be in the public interest the Archivist may accept for 
deposit— 
‘‘(1) the papers and other historical materials 
of a President or former President of the United 
States, or other official or former official of the Gov-
ernment, and other papers relating to and contem-
porary with a President or former President of the 
United States, subject to restrictions agreeable to 
the Archivist as to their use; and 
‘‘(2) recorded information (as such term is de-
fined in section 3301(a)(2) of this title) from private 
sources that are appropriate for preservation by the 
Government as evidence of its organization, func-
tions, policies, decisions, procedures, and trans-
actions. 
‘‘(b) EXCEPTION.—This section shall not apply in the 
case of any Presidential records which are subject to the 
provisions of chapter 22 of this title.’’. 
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(c) 
PRESERVATION
OF
AUDIO
AND
VISUAL 
RECORDS.— 
(1) IN
GENERAL.—Section 2114 of title 44, 
United States Code, is amended to read as follows: 
‘‘§ 2114. Preservation of audio and visual records 
‘‘The Archivist may make and preserve audio and vis-
ual records, including motion-picture films, still photo-
graphs, and sound recordings, in analog, digital, or any 
other form, pertaining to and illustrative of the historical 
development of the United States Government and its ac-
tivities, and provide for preparing, editing, titling, scoring, 
processing, duplicating, reproducing, exhibiting, and re-
leasing for non-profit educational purposes, motion-picture 
films, still photographs, and sound recordings in the Ar-
chivist’s custody.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 21 of title 44, 
United States Code, is amended by striking the item 
for section 2114 and inserting the following: 
‘‘2114. Preservation of audio and visual records.’’. 
(d) LEGAL STATUS OF REPRODUCTIONS; OFFICIAL 
SEAL; FEES FOR COPIES AND REPRODUCTIONS.—Section 
2116(a) of title 44, United States Code, is amended by 
inserting ‘‘digital,’’ after ‘‘microphotographic,’’, each place 
it appears. 
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SEC. 4. RECORDS MANAGEMENT BY FEDERAL AGENCIES. 
Section 3106 of title 44, United States Code, is 
amended to read as follows: 
‘‘§ 3106. Unlawful removal, destruction of records 
‘‘(a) FEDERAL AGENCY NOTIFICATION.—The head 
of each Federal agency shall notify the Archivist of any 
actual, impending, or threatened unlawful removal, defac-
ing, alteration, corruption, deletion, erasure, or other de-
struction of records in the custody of the agency, and with 
the assistance of the Archivist shall initiate action through 
the Attorney General for the recovery of records the head 
of the Federal agency knows or has reason to believe have 
been unlawfully removed from that agency, or from an-
other Federal agency whose records have been transferred 
to the legal custody of that Federal agency. 
‘‘(b) ARCHIVIST NOTIFICATION.—In any case in 
which the head of a Federal agency does not initiate an 
action for such recovery or other redress within a reason-
able period of time after being notified of any such unlaw-
ful action described in subsection (a), or is participating 
in, or believed to be participating in any such unlawful 
action, the Archivist shall request the Attorney General 
to initiate such an action, and shall notify the Congress 
when such a request has been made.’’. 
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SEC. 5. DISPOSAL OF RECORDS. 
(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, re-
gardless of form or characteristics, made or re-
ceived by a Federal agency under Federal law 
or in connection with the transaction of public 
business and preserved or appropriate for pres-
ervation by that agency or its legitimate suc-
cessor as evidence of the organization, func-
tions, policies, decisions, procedures, operations, 
or other activities of the United States Govern-
ment 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 pre-
served only for convenience. 
‘‘(2) RECORDED INFORMATION DEFINED.—For 
purposes of paragraph (1), the term ‘recorded infor-
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