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§ 2201. —  Definitions.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 44USC2201]

 
                 TITLE 44--PUBLIC PRINTING AND DOCUMENTS
 
                    CHAPTER 22--PRESIDENTIAL RECORDS
 
Sec. 2201. Definitions

    As used in this chapter--
        (1) The term ``documentary material'' means all books, 
    correspondence, memorandums, documents, papers, pamphlets, works of 
    art, models, pictures, photographs, plats, maps, films, and motion 
    pictures, including, but not limited to, audio, audiovisual, or 
    other electronic or mechanical recordations.
        (2) The term ``Presidential records'' means documentary 
    materials, or any reasonably segregable portion thereof, created or 
    received by the President, his immediate staff, or a unit or 
    individual of the Executive Office of the President whose function 
    is to advise and 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 his 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.
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    \1\ See References in Text note below.

        (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--
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    \2\ So in original. Probably should be ``thereof,''.
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            (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.

(Added Pub. L. 95-591, Sec. 2(a), Nov. 4, 1978, 92 Stat. 2523.)

                       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.


                             Effective Date

    Section 3 of Pub. L. 95-591 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 Amendment

    For 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

    Section 4 of Pub. L. 95-591 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.''

                  Section Referred to in Other Sections

    This section is referred to in section 2108 of this title.



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