Sec. 731. Security review of certain records of the President and Vice President
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Title VIII of the National Security Act of 1947, as amended by chapters 2 and 3 of this subtitle, is further amended by adding at the end the following: In this section: The terms Archivist , documentary material , Presidential records , and personal records have the meanings given such terms in section 2201 of title 44, United States Code. Except as provided in subparagraph (B), the term commingled or uncategorized records means all documentary materials not categorized as Presidential records or personal records upon their creation or receipt and filed separately pursuant to section 2203(d) of title 44, United States Code.
The term commingled or uncategorized records does not include documentary materials that are— official records of an agency (as defined in section 552(f) of title 5, United States Code); stocks of publications and stationery; or extra copies of documents produced only for convenience of reference, when such copies are clearly so identified. The term official records of an agency means official records of an agency within the meaning of such terms in section 552 of title 5, United States.
Commingled or uncategorized records shall be presumed to be Presidential records, unless the President or Vice President— categorizes the commingled or uncategorized records as personal records in accordance with subsection (c); or determines the commingled or uncategorized records are— official records of an agency; stocks of publications and stationery; or extra copies of documents produced only for convenience of reference, when such copies are clearly so identified. At any time during the President or Vice President’s term of office, the President or Vice President may categorize commingled or uncategorized records as personal records if— the Archivist performs a security review of the commingled or uncategorized records that is reasonably designed to identify records that contain standard markings indicating that records contain classified information; the President obtains written confirmation from the Archivist that the review conducted pursuant to paragraph
(1)did not identify any records that contain standard markings indicating that records contain classified information or, if such markings were improperly applied, that such markings have been corrected; and the President obtains written confirmation from the Archivist that the Archivist is not aware of any other requirement that would preclude categorizing the commingled or uncategorized records as personal records. During the 180-day period following the end of the term of office of a former President or Vice President— the former President or Vice President may request that the Archivist review the categorization of any commingled or uncategorized records created or received during the term of the former President or Vice President; and the Archivist shall perform a security review of the commingled or uncategorized records pursuant to the request. If, pursuant to a review under paragraph (1), the Archivist determines that any commingled or uncategorized records reviewed are improperly categorized, the Archivist shall— submit to the President a recommendation to correct the categorization of the records; and notify the former President or Vice President of that recommendation. .