Title 44 — Public Printing and DocumentsRelease 119-73not60
§2205 Exceptions to Restricted Access
Title 44 › Chapter 22— PRESIDENTIAL RECORDS › § 2205
Summary
Allows certain people to see Presidential records even when access is limited. The Archivist and National Archives staff doing normal archival work may view records. A court can order records for civil or criminal cases unless the United States or someone else has a legal right to keep them secret. The current President, either House of Congress (or its committees), and a former President or their representative may obtain records needed for official business.
Full Legal Text
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.
Legislative History
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.
Reference
Citations & Metadata
Citation
44 U.S.C. § 2205
Title 44 — Public Printing and Documents
Last Updated
Apr 5, 2026
Release point: 119-73not60