§2205 — Title 44 Public Printing and Documents | U.S. Code

Summary

Despite other access limits, the Archivist and NARA staff doing normal archival work may see Presidential records the Archivist keeps. Presidential records must also be released, unless the U.S. government or someone else can claim a legal right or privilege, in three cases: when a court issues a subpoena or order for a civil or criminal case; to the current President if the records are needed for their official work and aren’t available elsewhere; and to either House of Congress or its committees for matters in their jurisdiction when the records are needed and not otherwise available. Records of a former President must be available to that former President or their chosen representative.

Title 44, §2205

Public Printing and Documents — Source: USLM XML via OLRC

Notwithstanding any restrictions on access imposed pursuant to section 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2014—Pub. L. 113–187, § 2(a)(2)(B)(i), substituted “section 2204 and 2208 of this title” for “section 2204” in introductory provisions. Par. (2)(A). Pub. L. 113–187, § 2(a)(2)(B)(ii), substituted “subpoena” for “subpena”. Par. (2)(B). Pub. L. 113–187, § 8(5)(A), substituted “the incumbent President’s” for “his”. Par. (3). Pub. L. 113–187, § 8(5)(B), substituted “the former President’s” for “his”. 1984—Par. (1). Pub. L. 98–497 substituted “National Archives and Records Administration” for “National Archives and Records Service of the General Services Administration”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of this title.

Effective Date

Section effective with respect to Presidential records created during a term of office of President beginning on or after Jan. 20, 1981, see section 3 of Pub. L. 95–591, set out as a note under section 2201 of this title.

§2205 Exceptions to restricted access

Summary

Title 44, §2205

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata