44 U.S.C. § 2205

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 2205 - Exceptions to restricted access

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.

44 U.S.C. § 2205

Added Pub. L. 95-591, §2(a), Nov. 4, 1978, 92 Stat. 2527; amended Pub. L. 98-497, title I, §107(b)(7), Oct. 19, 1984, 98 Stat. 2287; Pub. L. 113-187, §§2(a)(2)(B), Nov. 26, 2014, 8, Nov. 26, 2014, 128 Stat. 2005, 2012.

EDITORIAL NOTES

AMENDMENTS2014- Pub. L. 113-187, §2(a)(2)(B)(i), substituted "sections 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. 98-497substituted "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 DATESection 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.

Archivist: The term "Archivist" means the Archivist of the United States.
Presidential records: 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) 1 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.