§2201 — Title 44 Public Printing and Documents | U.S. Code

Summary

Defines key words used in this chapter. Documentary material — any written, visual, audio, or electronic record like books, letters, photos, maps, films, or digital files. Presidential records — records created or received by the President, the President’s closest staff, or parts of the Executive Office that advise or help the President, when the records relate to carrying out the President’s official or ceremonial duties. This includes political materials only if they directly affect those duties, and it does not include official agency records (see 5 U.S.C. 552(e)), personal records, stocks of publications or stationery, or extra convenience copies clearly marked as such. Personal records — private materials that do not affect the President’s official duties, such as diaries, private political association papers, or materials about the President’s own election or about a specific candidate’s election when they do not relate to official duties. Archivist — the Archivist of the United States. Former President — the President in office when the presidential records were created.

Title 44, §2201

Public Printing and Documents — Source: USLM XML via OLRC

As used in this chapter—

(1)The term “documentary material” means all books, correspondence, memoranda, documents, papers, pamphlets, works of art, models, pictures, photographs, plats, maps, films, and motion pictures, including, but not limited to, audio and visual records, or other electronic or mechanical recordations, whether in analog, digital, or any other form.

(2)The term “Presidential records” means documentary materials, or any reasonably segregable portion thereof, created or received by the President, the President’s immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise or assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term—

(A)includes any documentary materials relating to the political activities of the President or members of the President’s staff, but only if such activities relate to or have a direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; but

(B)does not include any documentary materials that are (i) official records of an agency (as defined in section 552(e) 11 See References in Text note below. of title 5, United States Code); (ii) personal records; (iii) stocks of publications and stationery; or (iv) extra copies of documents produced only for convenience of reference, when such copies are clearly so identified.

(3)The term “personal records” means all documentary materials, or any reasonably segregable portion therof,22 So in original. Probably should be “thereof,”. of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term includes—

(A)diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal which are not prepared or utilized for, or circulated or communicated in the course of, transacting Government business;

(B)materials relating to private political associations, and having no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; and

(C)materials relating exclusively to the President’s own election to the office of the Presidency; and materials directly relating to the election of a particular individual or individuals to Federal, State, or local office, which have no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President.

(4)The term “Archivist” means the Archivist of the United States.

(5)The term “former President”, when used with respect to Presidential records, means the former President during whose term or terms of office such Presidential records were created.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 552(e) of title 5, referred to in par. (2)(B)(i), was redesignated section 552(f) of title 5 by section 1802(b) of Pub. L. 99–570.

Amendments

2014—Par. (1). Pub. L. 113–187, § 2(b)(1), substituted “memoranda” for “memorandums” and “audio and visual records” for “audio, audiovisual” and inserted “, whether in analog, digital, or any other form” after “mechanical recordations”. Par. (2). Pub. L. 113–187, § 8(2), substituted “the President’s” for “his” in introductory provisions and in subpar. (A). Pub. L. 113–187, § 2(b)(2), substituted “advise or assist” for “advise and assist” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 95–591, § 3, Nov. 4, 1978, 92 Stat. 2528, provided that: “The

Amendments

made by this Act [enacting this chapter, amending section 2111 and 2112 of this title, and enacting provisions set out as notes under this section] shall be effective with respect to any Presidential records (as defined in section 2201(2) of title 44, as amended by section 2 of this Act) created during a term of office of the President beginning on or after January 20, 1981.”

Short Title

of 1978 AmendmentFor

Short Title

of Pub. L. 95–591, which enacted this chapter, as the “Presidential Records Act of 1978”, see section 1 of Pub. L. 95–591, set out as a note under section 101 of this title. Separability Pub. L. 95–591, § 4, Nov. 4, 1978, 92 Stat. 2528, provided that: “If any provision of this Act [enacting this chapter, amending section 2107 and 2108 of this title and enacting provisions set out as notes under this section] is held invalid for any reason by any court, the validity and legal effect of the remaining provisions shall not be affected thereby.”

§2201 Definitions

Summary

Title 44, §2201

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Short Title

Short Title

Citations & Metadata