H.R. 1233 — what changed

“2107. Acceptance of records for historical preservation

“(a) In general—When it appears to the Archivist to be in the public interest, the Archivist may—

“(1) accept for deposit with the National Archives of the United States the records of a Federal agency, the Congress, the Architect of the Capitol, or the Supreme Court determined by the Archivist to have sufficient historical or other value to warrant their continued preservation by the United States Government;

“(2) direct and effect the transfer of records of a Federal agency determined by the Archivist to have sufficient historical or other value to warrant their continued preservation by the United States Government to the National Archives of the United States, as soon as practicable, and at a time mutually agreed upon by the Archivist and the head of that Federal agency not later than thirty years after such records were created or received by that agency, unless the head of such agency has certified in writing to the Archivist that such records must be retained in the custody of such agency for use in the conduct of the regular business of the agency;

“(3) direct and effect, with the approval of the head of the originating Federal agency, or if the existence 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 institutions or associations; title to the records to remain vested in the United States unless otherwise authorized by Congress; and

“(4) transfer materials from private sources authorized to be received by the Archivist by section 2111 of this title.

“(b) Early transfer of records—The Archivist—

changed “(1) in consultation with the head of the originating Federal agency, is authorized to accept for deposita 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

“(C) any shorter period agreed to by the originating Federal agency.”

“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 Government, and other papers relating to and contemporary 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 defined in section 3301(a)(2) of this title) from private sources that are appropriate for preservation by the Government as evidence of its organization, functions, policies, decisions, procedures, and transactions.

“(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.”

“2114. Preservation of audio and visual records

“The Archivist may make and preserve audio and visual records, including motion-picture films, still photographs, 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 activities, and provide for preparing, editing, titling, scoring, processing, duplicating, reproducing, exhibiting, and releasing for non-profit educational purposes, motion-picture films, still photographs, and sound recordings in the Archivist’s custody.”

“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.”

Title 44, United States Code, is amended—

“(d) The Archivist shall promulgate regulations requiring all Federal agencies to transfer all digital or electronic records to the National Archives of the United States in digital or electronic form to the greatest extent possible.”