§ 2.2. Access to classified information by historical researchers, former Treasury Presidential and Vice Presidential appointees, and former Presidents and Vice Presidents.
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/us/cfr/t31/s§ 2.2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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:
(1)Are engaged in historical research projects;
(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
(3)Served as President or Vice President.
(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) 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)Treasury 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.
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§ 2.2
Access to classified information by historical researchers, former Treasury Presidential and Vice Presidential appointees, and former Presidents and Vice Presidents.
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