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Title 44, Public Printing and DocumentsRelease 119-102

§2205 Exceptions to Restricted Access

Title 44 › CHAPTER 22 — PRESIDENTIAL RECORDS › § 2205

Last updated Aug 21, 2026|Official source

Summary

Allows certain people to see Presidential records even when access is normally limited. The Archivist and National Archives staff doing normal archival work can access the records. Courts can order records for civil or criminal cases. The current President can get records needed for official business that aren’t available elsewhere. Either House of Congress, or its committees and subcommittees, can get records needed for their work that aren’t otherwise available. All of these are subject to any legal rights or privileges the United States, an agency, or a person may assert. A former President, or someone the former President appoints, can access that former President’s records.

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

Aug 21, 2026

Release point: 119-102