§ 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.