(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) 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, 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.
Pub. L. 95–591, § 3,Nov. 4, 1978, 92 Stat. 2528, provided that: “The amendments made by this Act [enacting this chapter, amending sections
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 ofPub. L. 95–591, set out as a note under section
101 of this title.
Pub. L. 95–591, § 4,Nov. 4, 1978, 92 Stat. 2528, provided that: “If any provision of this Act [enacting this chapter, amending sections
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.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.