Biden as VP could restrictively classify and declassify. He was also covered under the Presidential Records Act via Pres. Obama E.O.13489 - year 2009(though it was around in some looser form earlier).
https://www.federalregister.gov/documents/2009/01/26/E9-1712/presidential-records then congress codified it
PUBLIC LAW 113–187—NOV. 26, 2014
https://www.congress.gov/113/plaws/publ187/PLAW-113publ187.pdf2208. Claims of constitutionally based privilege against disclosure.’’.
(4) RULE OF CONSTRUCTION.—Nothing in the amendment
made by paragraph (2)(C) shall be construed to—
(A) affect the requirement of section 2207 of title 44,
United States Code, that Vice Presidential records shall
be subject to chapter 22 of that title in the same manner
as Presidential records; or
(B) affect any claim of constitutionally based privilege
by a President or former President with respect to a Vice
Presidential record. https://www.law.cornell.edu/uscode/text/44/chapter-22 Pres. Bush E.O. 13292 was revoked by Pres. Obama's E.O. 13526 - December 29, 2009.
I didn't look for the differences.
E.O. 13526 still says VP can classify. Looks like Declassify can be done by VP(and his successor) subject to: stuff.
Sec. 1.3. Classification Authority.
(a) The authority to classify information
originally may be exercised only by:(1) the President and the Vice President; (2) agency heads and officials designated by the President; and
(3) United States Government officials delegated this authority pursuant to paragraph (c) of this section.
(b) Officials authorized to classify information at a specified level are also authorized to classify information at a lower level.
Sec. 3.1.
Authority for Declassification. (a) Information shall be declassified as soon as it no longer meets the standards for classification under this order.
(b) Information shall be declassified or downgraded by:
(1) the official who authorized the original classification, if that official is still serving in the same position and has original classification authority;(2) the originator's current successor in function, if that individual has original classification authority; (3) a supervisory official of either the originator or his or her successor in function, if the supervisory official has original classification authority; or
(4) officials delegated declassification authority in writing by the agency head or the senior agency official of the originating agency.
There are 14 additional Presidential documents that refer to E.O. 13526.
https://www.federalregister.gov/documents/search?conditions%5Bagencies%5D%5B%5D=executive-office-of-the-president&conditions%5Bterm%5D=13526&conditions%5Btype%5D%5B%5D=PRESDOCU I didn't check to see if VP can no longer declass.
“Biden as VP could restrictively classify and declassify.”
Biden stole documents while only a Senator.
E.O. 13526 still says VP can classify. Looks like Declassify can be done by VP
(b) Information shall be declassified or downgraded by:
(1) the official who authorized the original classification, if that official is still serving in the same position and has original classification authority;
(2) the originator’s current successor in function, if that individual has original classification authority;
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
As far as VP Biden is concerned, wouldn’t this only apply to documents classified by Dick Cheney?