2.2—Access to classified information by historical researchers, former Treasury Presidential and Vice Presidential appointees, and former Presidents and Vice Presidents.
(a)
Access to classified information may be granted only to individuals who have a
need-to-know the information. This requirement may be waived, however, for individuals
who:
(2)
Previously occupied a position in the Treasury to which they were appointed by
the President under 3 U.S.C. 105(a)(2)(A), or the Vice President under 3 U.S.C.
106(a)(1)(A); or
(b)
Access to classified information may be granted to individuals described in
paragraph (a) of this section upon:
(1)
A written determination by Treasury's Senior Agency Official, under Section
5.4(d) of Executive Order 13292, that access is consistent with the interest of the
national security; and
(2)
Receipt of the individual's written agreement to safeguard classified
information, including taking all appropriate steps to protect classified information
from unauthorized disclosure or compromise. This written agreement must also include
the individual's consent to have any and all notes (including those prepared or stored
in electronic media, whether written or oral) reviewed by authorized
Treasury personnel to ensure that no classified information is contained therein and,
if so, that the classified information is not published.
(c)
(i)
A historical researcher is not authorized to have access to foreign
government information or information classified by another Federal department or
agency.
(B)
A former Treasury Presidential or Vice Presidential appointee is only authorized
access to classified information that the former official originated, reviewed, signed
or received while serving as such an appointee.
(C)
A former President or Vice President is only authorized access to classified
information that was prepared by Treasury while that individual was serving as
President or Vice President.
(ii)
Granting access to classified information pursuant to this section does not
constitute the granting of a security clearance for access to classified
information.
(d)
(b)
ry personnel will coordinate access to classified information by
individuals described in paragraph (a) of this section with the Director, Office of
Security Programs, who will ensure that the written agreement described in paragraph
(b)(2) of this section is signed as a condition of being granted access to classified
information.
(e)
Any review of classified information by an individual described in paragraph (a)
of this section shall take place in a location designated by the Director, Office of
Security Programs. Such persons must be accompanied at all times by appropriately
authorized Treasury personnel authorized to have access to the classified information
being reviewed. All notes (including those prepared or stored in electronic media,
whether written or oral) made by an individual described in paragraph (a) of this
section shall remain in the custody of the Office of Security Programs pending a
determination by appropriately cleared subject matter experts that no classified
information is contained therein.
(f)
An individual described in paragraph (a) of this section is subject to search, as
are all packages or carrying cases prior to entering or leaving Treasury. Access to
Treasury-originated classified information at another Federal department or agency, as
may be authorized by the Director, Office of Security Programs shall be governed by
security protocols in effect at the other Federal department or agency.
(g)
Treasury personnel must perform a physical verification and an accounting of all
classified information each time such information is viewed by an individual described
in paragraph (a) of this section. Physical verification and an accounting of all
classified information shall be made both prior to and after viewing. Any discrepancy
must be immediately reported to the Director, Office of Security Programs.
(h)
An individual described in paragraph (a) of this section may be charged
reasonable fees for services rendered by Treasury in connection with the review of
classified information under this section. To the extent such services involve
searching, reviewing, and copying material, the provisions of § 2.1(b)(8) shall
apply.