44-U.S.C.-2205

44-U.S.C.-2205

§2205 – Exceptions to Restricted Access

Pathway

Title 44 > Chapter 22 > Section 2205

Details

  • Reference: Section 2205
  • Legend: §2205 – Exceptions to Restricted Access
  • USCode Year: 2013

Provision Content

Notwithstanding any restrictions on access imposed pursuant to section 2204—

(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 subpena 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 his 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 his 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.)

Amendments

1984—Par. (1). Pub. L. 98–497 substituted National Archives and Records Administration for National Archives and Records Service of the General Services Administration.

Effective 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.

U.S. Encyclopedia of Law Coverage

44-U.S.C.-2108 in the Legal Encyclopedia: Public Documents

In this entry about 44-U.S.C.-2108, find legal reference material, bibliographies and premiere content related to public documents in the American Encyclopedia of Law, presenting a comprehensive view of the United States public documents-specific issues, written by authorities in the field.

44-U.S.C.-2204 in the Legal Encyclopedia: Records

In this entry about 44-U.S.C.-2204, find legal reference material, bibliographies and premiere content related to records in the American Encyclopedia of Law, presenting a comprehensive view of the United States records-specific issues, written by authorities in the field.

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