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44 U.S.C. § 2201 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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 a
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 2201
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Stable record: federal_law:legal_authorities:record_usc_f278ca73657c4fcb37169e31
Source file: Laws/federal/codes/united-states-code/title-44/section-2201-definitions--61a450a1da.md
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Source location: Title 44, Chapter 22, § 2201; chapter-022-presidential-records.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
The Joint Committee on Printing shall consist of the chairman and four members of the Committee on Rules and Administration of the Senate and the chairman and four members of the Committee on House Oversight of the House of Representatives.
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** When the Archivist considers it to be in the public interest the Archivist may accept for deposit—
(1) the papers and other historical materials of a President or former President of the United States, or other official or former official of the Government, and other papers relating to and contemporary with a President or former President of the United States, subject to restrictions agreeable to the Archivist as to their use; and
(2) recorded information (as such term is defined in [section 3301(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3301/a/2&num=0&edition=prelim)) from private sources that are appropriate for preservation by the Government as evidence of its organization, functions, policies, decisions, procedures, and transactions.
**(b) Exception.—** This section shall not apply in the case of any Presidential records which are subject to the provisions of chapter 22 of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 2111
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) When the Archivist considers it to be in the public interest, the Archivist may—
(A)
(i) accept, for and in the name of the United States, land, a facility, and equipment offered as a gift to the United States for the purpose of creating a Presidential archival depository;
(ii) take title to the land, facility, and equipment on behalf of the United States; and
(iii) maintain, operate, and protect the land, facility, and equipment as a Presidential archival depository and as part of the national archives system;
(B)
(i) make agreements, upon terms and conditions the Archivist considers proper, with a State, political subdivision, university, institution of higher learning, institute, or foundation to use as a Presidential archival depository land, a facility, and equipment of the State, subdivision, university, or other organization, to be made available by it without transfer of title to the United States; and
(ii) maintain, operate, and protect the depository as a part of the national archives system; and
(C) accept, for and in the name of the United States, gifts offered for the purpose of making any physical or material change or addition to a Presidential archival depository.
(2) The Archivist shall promulgate architectural and design standards applicable to Presidential archival depositories in order to ensure that such depositories (A) preserve Presidential records subject to chapter 22 of this title and papers and other historical materials accepted for deposit under [section 2111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section2111&num=0&edition=prelim) and (B) contain adequate research facilities.
(3) Prior to accepting and taking title to any land, facility, or equipmen
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 2112
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Federal law — U.S. Code and appendices · legal_authorities
The United States shall reserve and retain complete ownership, possession, and control of Presidential records; and such records shall be administered in accordance with the provisions of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 2202
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Through the implementation of records management controls and other necessary actions, the President shall take all such steps as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of the President’s constitutional, statutory, or other official or ceremonial duties are adequately documented and that such records are preserved and maintained as Presidential records pursuant to the requirements of this section and other provisions of law.
**(b)** Documentary materials produced or received by the President, the President’s staff, or units or individuals in the Executive Office of the President the function of which is to advise or assist the President, shall, to the extent practicable, be categorized as Presidential records or personal records upon their creation or receipt and be filed separately.
**(c)** During the President’s term of office, the President may dispose of those Presidential records of such President that no longer have administrative, historical, informational, or evidentiary value if—
(1) the President obtains the views, in writing, of the Archivist concerning the proposed disposal of such Presidential records; and
(2) the Archivist states that the Archivist does not intend to take any action under subsection (e) of this section.
**(d)** In the event the Archivist notifies the President under subsection (c) that the Archivist does intend to take action under subsection (e), the President may dispose of such Presidential records if copies of the disposal schedule are submitted to the appropriate Congressional Committees at least 60 calendar days of continuous session of Congress in advance of the proposed disposal date. For the purpose of this section, continuity of session is b
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 2203
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Prior to the conclusion of a President’s term of office or last consecutive term of office, as the case may be, the President shall specify durations, not to exceed 12 years, for which access shall be restricted with respect to information, in a Presidential record, within one or more of the following categories:
(1)
(A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) in fact properly classified pursuant to such Executive order;
(2) relating to appointments to Federal office;
(3) specifically exempted from disclosure by statute (other than sections 552 and 552b of title 5, United States Code), provided that such statute (A) requires that the material be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of material to be withheld;
(4) trade secrets and commercial or financial information obtained from a person and privileged or confidential;
(5) confidential communications requesting or submitting advice, between the President and the President’s advisers, or between such advisers; or
(6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
**(b)**
(1) Any Presidential record or reasonably segregable portion thereof containing information within a category restricted by the President under subsection (a) shall be so designated by the Archivist and access thereto shall be restricted until the earlier of—
(A)
(i) the date on which the former President waives the restriction on disclosure of such record, or
(ii) the expiration of the durati
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 2204
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any restrictions on access imposed pursuant to sections 2204 and 2208 of this title—
(1) the Archivist and persons employed by the National Archives and Records Administration who are engaged in the performance of normal archival work shall be permitted access to Presidential records in the custody of the Archivist;
(2) subject to any rights, defenses, or privileges which the United States or any agency or person may invoke, Presidential records shall be made available—
(A) pursuant to subpoena or other judicial process issued by a court of competent jurisdiction for the purposes of any civil or criminal investigation or proceeding;
(B) to an incumbent President if such records contain information that is needed for the conduct of current business of the incumbent President’s office and that is not otherwise available; and
(C) to either House of Congress, or, to the extent of matter within its jurisdiction, to any committee or subcommittee thereof if such records contain information that is needed for the conduct of its business and that is not otherwise available; and
(3) the Presidential records of a former President shall be available to such former President or the former President’s designated representative.
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 2205
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Federal law — U.S. Code and appendices · legal_authorities
The Archivist shall promulgate in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), United States Code, regulations necessary to carry out the provisions of this chapter. Such regulations shall include—
(1) provisions for advance public notice and description of any Presidential records scheduled for disposal pursuant to section 2203(f)(3); 11 See References in Text note below.
(2) provisions for providing notice to the former President when materials to which access would otherwise be restricted pursuant to section 2204(a) are to be made available in accordance with section 2205(2);
(3) provisions for notice by the Archivist to the former President when the disclosure of particular documents may adversely affect any rights and privileges which the former President may have; and
(4) provisions for establishing procedures for consultation between the Archivist and appropriate Federal agencies regarding materials which may be subject to [section 552(b)(7) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/7&num=0&edition=prelim), United States Code.
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 2206
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Federal law — U.S. Code and appendices · legal_authorities
Vice-Presidential records shall be subject to the provisions of this chapter in the same manner as Presidential records. The duties and responsibilities of the Vice President, with respect to Vice-Presidential records, shall be the same as the duties and responsibilities of the President under this chapter, except section 2208, with respect to Presidential records. The authority of the Archivist with respect to Vice-Presidential records shall be the same as the authority of the Archivist under this chapter with respect to Presidential records, except that the Archivist may, when the Archivist determines that it is in the public interest, enter into an agreement for the deposit of Vice-Presidential records in a non-Federal archival depository. Nothing in this chapter shall be construed to authorize the establishment of separate archival depositories for such Vice-Presidential records.
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 2207
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Federal law — U.S. Code and appendices · legal_authorities
Page 104
TITLE 44—PUBLIC PRINTING AND DOCUMENTS
§ 2120
1 So in original. Does not conform to section catchline.
of title 31 that involve the transfer of funds from
the National Archives and Records Administra-
tion to State and local governments, other pub-
lic entities, educational institutions, or private
nonprofit organizations (including foundations
or institutes organized to support the National
Archives and Records Administration or the
Presidential archival depositories operated by
it) for the public purpose of carrying out pro-
grams of the National Archives and Records Ad-
ministration.
(b) LIMITATIONS.—Not more than $25,000 may
be transferred under a cooperative agreement
entered into as authorized by subsection (a). Not
more than a total of $75,000 may be transferred
under such agreements in any fiscal year.
(c) REPORT.—Not later than December 31st of
each year, the Archivist shall submit to the
Committee on Government Reform of the House
of Representatives and the Committee on Gov-
ernmental Affairs of the Senate a report on the
provisions, amount, and duration of each coop-
erative agreement entered into as authorized by
subsection (a) during the preceding fiscal year.
(Added Pub. L. 108–383, § 5(a), Oct. 30, 2004, 118
Stat. 2219.)
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Government Reform of House of Rep-
resentatives changed to Committee on Oversight and
Government Reform of House of Representatives by
House Resolution No. 6, One Hundred Tenth Congress,
Jan. 5, 2007. Committee on Oversight and Government
Reform of House of Representatives changed to Com-
mittee on Oversight and Reform of House of Represent-
atives by House Resolution No. 6, One Hundred Six-
teenth Congress, Jan. 9, 2019. Committee on Ov
Source: Supplied 2024 U.S. Code historical extraction · 44 U.S.C. § 2201
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