44 U.S.C. § 2205

Exceptions to restricted access

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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.(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), 8(5), Nov. 26, 2014, 128 Stat. 2005, 2012.)Editorial NotesAmendments

2014—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. 98–497 substituted “National Archives and Records Administration” for “National Archives and Records Service of the General Services Administration”.

Statutory Notes and Related SubsidiariesEffective Date of 1984 Amendment

Amendment 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.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 1986–2021 · leading case: Donald Trump v. Bennie Thompson, 20 F. 4th 10 (D.C. Cir. 2021).

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Donald Trump v. Bennie Thompson, 20 F. 4th 10 (D.C. Cir. 2021). · cites it 10× “As relevant here, the January 6th Committee sent a request to the Archivist of the United States under the Presidential Records Act, 44 U.S.C. § 2205 (2)(C), seeking the expeditious disclosure of presidential records pertaining to the events of January 6th, the former…”

Cook v. Nat'l Archives & Records Admin., 758 F.3d 168 (2d Cir. 2014). · cites it 2× “The PRA gives no indication that Congress intended to alter the President’s historically unfettered access to his papers by, for example, making his requests to access them subject to public disclosure.”

Wilkinson v. Fed. Bureau of Investigation, 111 F.R.D. 432 (C.D. Cal. 1986). “44 U.S.C. § 2205 (2)(A). Nor does Wisconsin law appear to create an archival privilege.”

Cook v. Nat'l Archives & Records Admin., 921 F. Supp. 2d 148 (S.D.N.Y. 2013). · cites it 2× “44 U.S.C. § 2205 (2) (2012). To access these documents, officials or their designees must make a request to NARA.”

Requests by Individual Members of Cong. for Exec. Branch Info. (OLC 2019). · cites it 2× “44 U.S.C. § 2205 (2)(C). Consistent with NARA’s past administration of this statute, as well as our interpretation of a similar provision under the Privacy Act, we informally advised NARA that only a committee chair- man may request presidential records under section 2205(2)(C),…”

Smith v. U.S. Nat'l Archives & Records Admin. (D.D.C. 2019). “” 44 U.S.C. § 2205 (2)(A). But Smith has not proffered any issued subpoenas or investigations related to the information sought, and the court is unaware of any.”

Responsibility for Elec. Presidential Records on Hardware of the Exec. Off. of the President After a Presidential Transition (OLC 2021). “, 44 U.S.C. § 2205 (2)(B). II. Consistent with NARA’s longstanding view and practice, we conclude that the Archivist assumes custody and control of electronic presidential records of an outgoing President that remain on EOP hardware after the end of the outgoing President’s term.”

Trump v. Thompson (D.D.C. 2021). “” 44 U.S.C. § 2205 (2)(C). The PRA gives the Archivist the power to promulgate regulations to administer the statute.”

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