44 U.S.C. § 2201

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 2201 - Definitions

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) ¹ 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,² 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.

¹ See References in Text note below.

² So in original. Probably should be "thereof,".

44 U.S.C. § 2201

Added Pub. L. 95-591, §2(a), Nov. 4, 1978, 92 Stat. 2523; amended Pub. L. 113-187, §§2(b), Nov. 26, 2014, 8, Nov. 26, 2014, 128 Stat. 2005, 2011.

EDITORIAL NOTES

REFERENCES IN TEXTSection 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.

AMENDMENTS2014-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 sections 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.

SEPARABILITYPub. L. 95-591, §4, Nov. 4, 1978, 92 Stat. 2528, provided that: "If any provision of this Act [enacting this chapter, amending sections 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."