Browse Arkansas Code titles and sections
44 U.S.C. § 2205 — Exceptions to restricted access
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
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 17ff840c8f7d11b724f5cd4886c9ff1622c921af55fca50231ef0b54c0a2917a. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_c90f9fa91871f7bd4c8ac6b4
Source file: Laws/federal/codes/united-states-code/title-44/section-2205-exceptions-to-restricted-access--cd8455a346.md
Pages: Not recorded – Not recorded
Passage SHA-256: 58b5edfbe13616b6adb59a6c08c341bbb2f83f09fc7d0f6acf7d630b1a2b19dd
Source location: Title 44, Chapter 22, § 2205; chapter-022-presidential-records.md
Stored source content
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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
There shall be an independent establishment in the executive branch of the Government to be known as the National Archives and Records Administration. The Administration shall be administered under the supervision and direction of the Archivist.
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 2102
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 109
TITLE 44—PUBLIC PRINTING AND DOCUMENTS
§ 2206
1 See References in Text note below.
appropriate review and consultation under subsection
(a) of this section, may jointly determine that invoca-
tion of executive privilege is not justified. The Archi-
vist shall be notified promptly of any such determina-
tion.
(c) If either the Attorney General or the Counsel to
the President believes that the circumstances justify
invocation of executive privilege, the issue shall be pre-
sented to the President by the Counsel to the President
and the Attorney General.
(d) If the President decides to invoke executive privi-
lege, the Counsel to the President shall notify the
former President, the Archivist, and the Attorney Gen-
eral in writing of the claim of privilege and the specific
Presidential records to which it relates. After receiving
such notice, the Archivist shall not disclose the privi-
leged records unless directed to do so by an incumbent
President or by a final court order.
SEC. 4. Claim of Executive Privilege by Former President.
(a) Upon receipt of a claim of executive privilege by a
living former President, the Archivist shall consult
with the Attorney General (through the Assistant At-
torney General for the Office of Legal Counsel), the
Counsel to the President, and such other executive
agencies as the Archivist deems appropriate concerning
the Archivist’s determination as to whether to honor
the former President’s claim of privilege or instead to
disclose the Presidential records notwithstanding the
claim of privilege. Any determination under section 3
of this order that executive privilege shall not be in-
voked by the incumbent President shall not prejudice
the Archivist’s determination with respect to the
former President’s claim
Source: Supplied 2024 U.S. Code historical extraction · 44 U.S.C. § 2205
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.