Intelligence Law Glossary - Presidential Records


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Presidential Records

Statutory Law

44 U.S.C. § 2201(2) (2010) (Title 44—Chapter 22: Presidential Records)

As used in this chapter [44 U.S.C. §§ 2201 et seq.]—
   (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.

Administrative Law

32 CFR § 2001.92(p):  Definitions [32 CFR CHAPTER XX—INFORMATION SECURITY OVERSIGHT OFFICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION: 32 CFR PART 2001—CLASSIFIED NATIONAL SECURITY INFORMATION]

(p) Presidential papers, historical materials, and records
means the papers or records of the former Presidents under the legal control of the Archivist pursuant to sections 2111, 2111 note, or 2203 of title 44, U.S.C.