Implementing Procedures for Mandatory Declassification Review and Access to Classified Information by Historical Researchers, Former Treasury Presidential and Vice Presidential Appointees, and Former Presidents and Vice Presidents, 63104-63106 [E7-21951]
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63104
Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Rules and Regulations
Such person will be prohibited from
engaging in activities requiring
registration under the Act or from
representing himself to be a registrant
under the Act or the representative or
agent of any registrant during the
pendency of any suspension of his or
his sponsor’s registration. In accordance
with § 3.31(c), each of the registrant’s
sponsors must file a notice with the
National Futures Association on Form
8–T or on a Uniform Termination Notice
for Securities Industry Registration
reporting the termination of the
association of the associated person
within thirty days thereafter.
*
*
*
*
*
3. Section 3.31 is amended by revising
paragraphs (c)(1) introductory text and
(c)(2) to read as follows:
I
§ 3.31 Deficiencies, inaccuracies, and
changes, to be reported.
*
*
*
*
*
(c)(1) After the filing of a Form 8–R
or a Form 3–R by or on behalf of any
person for the purpose of permitting
that person to be an associated person
of a futures commission merchant,
commodity trading advisor, commodity
pool operator, introducing broker, or a
leverage transaction merchant, that
futures commission merchant,
commodity trading advisor, commodity
pool operator, introducing broker or
leverage transaction merchant must,
within thirty days after the occurrence
of either of the following, file a notice
thereof with the National Futures
Association indicating:
*
*
*
*
*
(2) Each person registered as, or
applying for registration as, a futures
commission merchant, commodity
trading advisor, commodity pool
operator, introducing broker or leverage
transaction merchant must, within
thirty days after the termination of the
affiliation of a principal with the
registrant or applicant, file a notice
thereof with the National Futures
Association.
*
*
*
*
*
rwilkins on PROD1PC63 with RULES
Issued in Washington, DC, on November 1,
2007, by the Commission.
David A. Stawick,
Secretary of the Commission.
[FR Doc. E7–21953 Filed 11–7–07; 8:45 am]
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DEPARTMENT OF THE TREASURY
31 CFR Part 2
Implementing Procedures for
Mandatory Declassification Review
and Access to Classified Information
by Historical Researchers, Former
Treasury Presidential and Vice
Presidential Appointees, and Former
Presidents and Vice Presidents
Departmental Offices, Treasury.
Final rule.
AGENCY:
ACTION:
SUMMARY: Section 5.4 of Executive
Order 13292 requires the Department of
the Treasury to promulgate
implementing regulations with respect
to classified national security
information and to publish such
regulations to the extent that they affect
members of the public. These
regulations relate to the processing of
mandatory declassification review
requests by the public and providing
access to classified information,
consistent with the interest of the
national security, to historical
researchers, former Treasury
Presidential and Vice Presidential
appointees, and former Presidents and
Vice Presidents. The Department of the
Treasury is revising its implementing
regulations relating to classified
national security information in 31 CFR
part 2 to address only these two matters
relating to the public. All other Treasury
regulations pertaining to internal
procedures governing classified national
security information under Executive
Order 13292 have been transferred to
the Treasury Security Manual.
DATES: Effective Date: November 8,
2007.
FOR FURTHER INFORMATION CONTACT:
Robert A. McMenamin, Assistant
Director (Information Security),
Department of the Treasury, Office of
Security Programs, Room 3180 Annex,
1500 Pennsylvania Avenue, NW.,
Washington, DC 20220, telephone (202)
622–1055 (not a toll-free number).
SUPPLEMENTARY INFORMATION: These
regulations restate in pertinent part
without substantive changes, existing
processes for mandatory declassification
review and access to classified
information by historical researchers,
former Treasury Presidential and Vice
Presidential appointees, and former
Presidents and Vice Presidents; updates
the fee schedule for processing
declassification review; and removes
provisions in the current regulations
from 31 CFR part 2 that apply to
Treasury personnel and which have
been transferred to the Treasury
Security Manual. Accordingly, pursuant
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to 5 U.S.C. 553(b)(B) and (d)(3), the
Department of the Treasury finds good
cause that prior notice and public
procedures with respect to this rule are
unnecessary and contrary to the public
interest, and that good cause exists for
making this rule effective upon the date
of publication in the Federal Register.
Pursuant to Executive Order 12866, it
has been determined that this final rule
is not a significant regulatory action,
and therefore a regulatory impact
analysis is not required. Because no
notice of proposed rulemaking is
required, the provisions of the
Regulatory Flexibility Act, 5 U.S.C. Ch
6, do not apply.
List of Subjects in 31 CFR Part 2
Archives and records, Classified
information, Security measures.
I For the reasons stated in the preamble,
31 CFR part 2 is revised to read as
follows:
PART 2—NATIONAL SECURITY
INFORMATION
Sec.
2.1 Processing of mandatory
declassification review requests.
2.2 Access to classified information by
historical researchers, former Treasury
Presidential and Vice Presidential
appointees, and former Presidents and
Vice Presidents.
Authority: 31 U.S.C. 321, E.O. 12958, 60
FR 19825, E.O. 13292, 68 FR 15315.
§ 2.1 Processing of mandatory
declassification review requests.
(a) Except as provided by section
3.4(b) of Executive Order 13292, Further
Amendment to Executive Order 12958,
as amended, Classified National
Security Information, all information
classified by the Department of the
Treasury under these Orders or any
predecessor Executive Order shall be
subject to mandatory declassification
review by the Department, if:
(1) The request for a mandatory
declassification review describes the
document or material containing the
information with sufficient specificity to
enable Treasury personnel to locate it
with a reasonable amount of effort;
(2) The information is not exempt
from search and review under sections
105C, 105D, or 701 of the National
Security Act of 1947 (50 U.S.C. 431, 432
and 432a); and
(3) The information has not been
reviewed for declassification within the
past 2 years or the information is not the
subject of pending litigation.
(b) Requests for classified records
originated by the Department of the
Treasury shall be directed to the Office
of Security Programs, Attention:
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Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Rules and Regulations
Assistant Director (Information
Security), 1500 Pennsylvania Avenue,
NW., Washington, DC 20220. Upon
receipt of each request for mandatory
declassification review, pursuant to
section 3.5 of Executive Order 13292,
the following procedures will apply:
(1) The Office of Security Programs
will acknowledge receipt of the request.
(2)(i) A mandatory declassification
review request need not identify the
requested information by date or title of
the responsive records, but must be of
sufficient specificity to allow Treasury
personnel to locate records containing
the information sought with a
reasonable amount of effort. Whenever a
request does not reasonably describe the
information sought, the requester will
be notified by the Office of Security
Programs that unless additional
information is provided or the scope of
the request is narrowed, no further
action will be undertaken with respect
to the request.
(ii) If Treasury has reviewed the
information within the past 2 years and
determined that all or part thereof
remains classified, or the information is
the subject of pending litigation, the
requester shall be so informed and
advised of the requester’s appeal rights.
(3) The Office of Security Programs
will determine the appropriate Treasury
offices or bureaus to conduct the
mandatory declassification review. The
Office of Security Programs will also
advise Treasury and/or bureau
reviewing officials concerning the
mandatory declassification review
process. Classified information relating
to intelligence activities (including
special activities), intelligence sources
or methods, or cryptology will also be
coordinated with the Office of the
Assistant Secretary (Intelligence and
Analysis). As appropriate, the Office of
Security Programs will refer requests to
other Federal departments and agencies
having a direct interest in the requested
documents.
(4)(i) Treasury personnel undertaking
a mandatory declassification review
shall make reasonable efforts to
determine if particular information may
be declassified. Reviewing officials may
rely on applicable exemption criteria
under the Freedom of Information Act,
the Privacy Act, and any other
applicable law that authorizes the
withholding of information. Reviewing
officials shall also identify the amount
of search and review time required to
process each request. Barring
extenuating circumstances, mandatory
declassification reviews for reasonably
small volumes of records should be
completed in a timely fashion. A final
determination regarding large volumes
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of records should ordinarily be made
within one year of Treasury’s receipt of
any mandatory declassification review
request.
(ii) If the Director, Office of Security
Programs determines that a Treasury
office or bureau responsible for
conducting a mandatory declassification
review is not making reasonable efforts
to review classified information subject
to a mandatory declassification request,
the Director may authorize Treasuryand/or bureau-originated information to
be declassified in consultation with the
Department’s Senior Agency Official.
(iii) If information cannot be
declassified in its entirety, reasonable
efforts, consistent with applicable law,
will be made to release those
declassified portions of the requested
information that constitute a coherent
segment. Upon the denial or partial
denial of a declassification request, the
requester will be so informed by the
Office of Security Programs and advised
of the requester’s appeal rights.
(5)(i) If Treasury receives a mandatory
declassification review request for
information in its possession that were
originated by another Federal
department or agency, the Office of
Security Programs will forward the
request to that department or agency for
a declassification determination,
together with a copy of the requested
records, a recommendation concerning a
declassification determination, and a
request to be advised of that
department’s or agency’s
declassification determination. The
Office of Security Programs may, after
consultation with the originating
department or agency, inform any
requester of the referral unless such
association is itself classified under
Executive Order 13292 or prior orders.
(ii) Mandatory declassification review
requests concerning classified
information originated by a Treasury
office or bureau that has been
transferred to another Federal
department or agency will be forwarded
to the appropriate successor department
or agency for a declassification
determination.
(6) If another Federal department or
agency forwards a mandatory
declassification review request to
Treasury for information in its custody
that was classified by Treasury, the
Office of Security Programs will:
(i) Advise the referring department or
agency as to whether it may notify the
requester of the referral; and
(ii) Respond to the Federal
department, agency, or requester, as
applicable, in accordance with the
requirements of this section.
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63105
(7)(i) Upon the denial, in whole or in
part, of a request for the mandatory
declassification review of information,
the Office of Security Programs will so
notify the requester in writing and will
inform the requester of the right to
appeal the classification determination
within 60 calendar days of the receipt
of the classification determination. The
notice will also advise the requester of
the name and address of the Treasury
official who will be responsible for
deciding an appeal (the Deciding
Official). The Office of Security
Programs will coordinate appeals with
the appropriate Treasury offices and
bureaus.
(ii) The Deciding Official should make
a determination on an appeal within 30
working days following the receipt of
the appeal, or within 60 working days
following receipt if the Deciding Official
determines that additional time is
required to make a determination and so
notifies the requester. The Deciding
Official should notify the requester in
writing of Treasury’s determination on
appeal and, if applicable, the reasons for
any whole or partial denial of the
appeal. The Office of Security Programs
will also notify the requester of their
right of a final appeal to the Interagency
Security Classification Appeals Panel,
as appropriate, under 32 CFR 2001.33.
(8)(i) Treasury may charge fees for
search, review, and duplicating costs in
connection with a mandatory
declassification review request.
(A) The fee for services of Treasury
personnel involved in locating and/or
reviewing records will be charged at the
rate of a GS–11, Step 1 employee, in the
Washington-Baltimore Federal pay area,
in effect when the mandatory
declassification review request is
received by the Office of Security
Programs for searches that take more
than two hours or for review times that
are greater than two hours. Fees may be
waived, in writing, by a bureau head or
the equivalent Treasury official at the
Assistant Secretary level.
(B) There is no fee for duplicating the
first 100 pages of fully or partially
releasable documents. The cost of
additional pages is 20 cents per page.
No charges shall be levied for search
and/or review time requiring less than
2 hours.
(ii) If it is estimated that the fees
associated with a mandatory
declassification review will exceed
$100, the Office of Security Programs
will notify the requester in writing of
the estimated costs and shall obtain
satisfactory written assurance of full
payment or require the requester to
make an advance payment of the entire
estimated fee before proceeding to
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Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Rules and Regulations
process the request. Treasury may
request pre-payment where the fee is
likely to exceed $500. After 60 calendar
days without receiving the requester’s
written assurance of full payment or
agreement to make pre-payment of
estimated fees (or to amend the
mandatory declassification review
request in a manner as to result in fees
acceptable to the requester), Treasury
may administratively terminate the
mandatory declassification review
request. Failure of a requester to pay
fees after billing will result in future
requests not being honored. Nothing in
this paragraph will preclude Treasury
from taking any other lawful action to
recover payment for costs incurred in
processing a mandatory declassification
review request.
(iii) Payment of fees shall be made by
check or money order to the Treasurer
of the United States. Fees charged by
Treasury for mandatory declassification
review are separate and distinct from
any other fees that may be imposed by
a Presidential Library, the National
Archives and Records Administration,
or another Federal department or
agency.
rwilkins on PROD1PC63 with RULES
§ 2.2 Access to classified information by
historical researchers and former Treasury
Presidential and Vice Presidential
appointees, 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:
(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
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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
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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.
Dated: October 30, 2007.
Wade C. Straw,
Director, Office of Security Programs.
[FR Doc. E7–21951 Filed 11–7–07; 8:45 am]
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Transportation Security
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ACTION: Notice of Public Meeting.
AGENCY:
SUMMARY: The Transportation Security
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vendors of biometric card readers, and
the general public to meet in
Washington, DC to discuss the
Transportation Worker Identification
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will also be available by teleconference.
DATES: This meeting will be held on
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p.m. EST. This meeting may close early
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ADDRESSES: The meeting will be held in
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]]>Agencies
[Federal Register Volume 72, Number 216 (Thursday, November 8, 2007)]
[Rules and Regulations]
[Pages 63104-63106]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21951]
=======================================================================
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DEPARTMENT OF THE TREASURY
31 CFR Part 2
Implementing Procedures for Mandatory Declassification Review and
Access to Classified Information by Historical Researchers, Former
Treasury Presidential and Vice Presidential Appointees, and Former
Presidents and Vice Presidents
AGENCY: Departmental Offices, Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Section 5.4 of Executive Order 13292 requires the Department
of the Treasury to promulgate implementing regulations with respect to
classified national security information and to publish such
regulations to the extent that they affect members of the public. These
regulations relate to the processing of mandatory declassification
review requests by the public and providing access to classified
information, consistent with the interest of the national security, to
historical researchers, former Treasury Presidential and Vice
Presidential appointees, and former Presidents and Vice Presidents. The
Department of the Treasury is revising its implementing regulations
relating to classified national security information in 31 CFR part 2
to address only these two matters relating to the public. All other
Treasury regulations pertaining to internal procedures governing
classified national security information under Executive Order 13292
have been transferred to the Treasury Security Manual.
DATES: Effective Date: November 8, 2007.
FOR FURTHER INFORMATION CONTACT: Robert A. McMenamin, Assistant
Director (Information Security), Department of the Treasury, Office of
Security Programs, Room 3180 Annex, 1500 Pennsylvania Avenue, NW.,
Washington, DC 20220, telephone (202) 622-1055 (not a toll-free
number).
SUPPLEMENTARY INFORMATION: These regulations restate in pertinent part
without substantive changes, existing processes for mandatory
declassification review and access to classified information by
historical researchers, former Treasury Presidential and Vice
Presidential appointees, and former Presidents and Vice Presidents;
updates the fee schedule for processing declassification review; and
removes provisions in the current regulations from 31 CFR part 2 that
apply to Treasury personnel and which have been transferred to the
Treasury Security Manual. Accordingly, pursuant to 5 U.S.C. 553(b)(B)
and (d)(3), the Department of the Treasury finds good cause that prior
notice and public procedures with respect to this rule are unnecessary
and contrary to the public interest, and that good cause exists for
making this rule effective upon the date of publication in the Federal
Register.
Pursuant to Executive Order 12866, it has been determined that this
final rule is not a significant regulatory action, and therefore a
regulatory impact analysis is not required. Because no notice of
proposed rulemaking is required, the provisions of the Regulatory
Flexibility Act, 5 U.S.C. Ch 6, do not apply.
List of Subjects in 31 CFR Part 2
Archives and records, Classified information, Security measures.
0
For the reasons stated in the preamble, 31 CFR part 2 is revised to
read as follows:
PART 2--NATIONAL SECURITY INFORMATION
Sec.
2.1 Processing of mandatory declassification review requests.
2.2 Access to classified information by historical researchers,
former Treasury Presidential and Vice Presidential appointees, and
former Presidents and Vice Presidents.
Authority: 31 U.S.C. 321, E.O. 12958, 60 FR 19825, E.O. 13292,
68 FR 15315.
Sec. 2.1 Processing of mandatory declassification review requests.
(a) Except as provided by section 3.4(b) of Executive Order 13292,
Further Amendment to Executive Order 12958, as amended, Classified
National Security Information, all information classified by the
Department of the Treasury under these Orders or any predecessor
Executive Order shall be subject to mandatory declassification review
by the Department, if:
(1) The request for a mandatory declassification review describes
the document or material containing the information with sufficient
specificity to enable Treasury personnel to locate it with a reasonable
amount of effort;
(2) The information is not exempt from search and review under
sections 105C, 105D, or 701 of the National Security Act of 1947 (50
U.S.C. 431, 432 and 432a); and
(3) The information has not been reviewed for declassification
within the past 2 years or the information is not the subject of
pending litigation.
(b) Requests for classified records originated by the Department of
the Treasury shall be directed to the Office of Security Programs,
Attention:
[[Page 63105]]
Assistant Director (Information Security), 1500 Pennsylvania Avenue,
NW., Washington, DC 20220. Upon receipt of each request for mandatory
declassification review, pursuant to section 3.5 of Executive Order
13292, the following procedures will apply:
(1) The Office of Security Programs will acknowledge receipt of the
request.
(2)(i) A mandatory declassification review request need not
identify the requested information by date or title of the responsive
records, but must be of sufficient specificity to allow Treasury
personnel to locate records containing the information sought with a
reasonable amount of effort. Whenever a request does not reasonably
describe the information sought, the requester will be notified by the
Office of Security Programs that unless additional information is
provided or the scope of the request is narrowed, no further action
will be undertaken with respect to the request.
(ii) If Treasury has reviewed the information within the past 2
years and determined that all or part thereof remains classified, or
the information is the subject of pending litigation, the requester
shall be so informed and advised of the requester's appeal rights.
(3) The Office of Security Programs will determine the appropriate
Treasury offices or bureaus to conduct the mandatory declassification
review. The Office of Security Programs will also advise Treasury and/
or bureau reviewing officials concerning the mandatory declassification
review process. Classified information relating to intelligence
activities (including special activities), intelligence sources or
methods, or cryptology will also be coordinated with the Office of the
Assistant Secretary (Intelligence and Analysis). As appropriate, the
Office of Security Programs will refer requests to other Federal
departments and agencies having a direct interest in the requested
documents.
(4)(i) Treasury personnel undertaking a mandatory declassification
review shall make reasonable efforts to determine if particular
information may be declassified. Reviewing officials may rely on
applicable exemption criteria under the Freedom of Information Act, the
Privacy Act, and any other applicable law that authorizes the
withholding of information. Reviewing officials shall also identify the
amount of search and review time required to process each request.
Barring extenuating circumstances, mandatory declassification reviews
for reasonably small volumes of records should be completed in a timely
fashion. A final determination regarding large volumes of records
should ordinarily be made within one year of Treasury's receipt of any
mandatory declassification review request.
(ii) If the Director, Office of Security Programs determines that a
Treasury office or bureau responsible for conducting a mandatory
declassification review is not making reasonable efforts to review
classified information subject to a mandatory declassification request,
the Director may authorize Treasury-and/or bureau-originated
information to be declassified in consultation with the Department's
Senior Agency Official.
(iii) If information cannot be declassified in its entirety,
reasonable efforts, consistent with applicable law, will be made to
release those declassified portions of the requested information that
constitute a coherent segment. Upon the denial or partial denial of a
declassification request, the requester will be so informed by the
Office of Security Programs and advised of the requester's appeal
rights.
(5)(i) If Treasury receives a mandatory declassification review
request for information in its possession that were originated by
another Federal department or agency, the Office of Security Programs
will forward the request to that department or agency for a
declassification determination, together with a copy of the requested
records, a recommendation concerning a declassification determination,
and a request to be advised of that department's or agency's
declassification determination. The Office of Security Programs may,
after consultation with the originating department or agency, inform
any requester of the referral unless such association is itself
classified under Executive Order 13292 or prior orders.
(ii) Mandatory declassification review requests concerning
classified information originated by a Treasury office or bureau that
has been transferred to another Federal department or agency will be
forwarded to the appropriate successor department or agency for a
declassification determination.
(6) If another Federal department or agency forwards a mandatory
declassification review request to Treasury for information in its
custody that was classified by Treasury, the Office of Security
Programs will:
(i) Advise the referring department or agency as to whether it may
notify the requester of the referral; and
(ii) Respond to the Federal department, agency, or requester, as
applicable, in accordance with the requirements of this section.
(7)(i) Upon the denial, in whole or in part, of a request for the
mandatory declassification review of information, the Office of
Security Programs will so notify the requester in writing and will
inform the requester of the right to appeal the classification
determination within 60 calendar days of the receipt of the
classification determination. The notice will also advise the requester
of the name and address of the Treasury official who will be
responsible for deciding an appeal (the Deciding Official). The Office
of Security Programs will coordinate appeals with the appropriate
Treasury offices and bureaus.
(ii) The Deciding Official should make a determination on an appeal
within 30 working days following the receipt of the appeal, or within
60 working days following receipt if the Deciding Official determines
that additional time is required to make a determination and so
notifies the requester. The Deciding Official should notify the
requester in writing of Treasury's determination on appeal and, if
applicable, the reasons for any whole or partial denial of the appeal.
The Office of Security Programs will also notify the requester of their
right of a final appeal to the Interagency Security Classification
Appeals Panel, as appropriate, under 32 CFR 2001.33.
(8)(i) Treasury may charge fees for search, review, and duplicating
costs in connection with a mandatory declassification review request.
(A) The fee for services of Treasury personnel involved in locating
and/or reviewing records will be charged at the rate of a GS-11, Step 1
employee, in the Washington-Baltimore Federal pay area, in effect when
the mandatory declassification review request is received by the Office
of Security Programs for searches that take more than two hours or for
review times that are greater than two hours. Fees may be waived, in
writing, by a bureau head or the equivalent Treasury official at the
Assistant Secretary level.
(B) There is no fee for duplicating the first 100 pages of fully or
partially releasable documents. The cost of additional pages is 20
cents per page. No charges shall be levied for search and/or review
time requiring less than 2 hours.
(ii) If it is estimated that the fees associated with a mandatory
declassification review will exceed $100, the Office of Security
Programs will notify the requester in writing of the estimated costs
and shall obtain satisfactory written assurance of full payment or
require the requester to make an advance payment of the entire
estimated fee before proceeding to
[[Page 63106]]
process the request. Treasury may request pre-payment where the fee is
likely to exceed $500. After 60 calendar days without receiving the
requester's written assurance of full payment or agreement to make pre-
payment of estimated fees (or to amend the mandatory declassification
review request in a manner as to result in fees acceptable to the
requester), Treasury may administratively terminate the mandatory
declassification review request. Failure of a requester to pay fees
after billing will result in future requests not being honored. Nothing
in this paragraph will preclude Treasury from taking any other lawful
action to recover payment for costs incurred in processing a mandatory
declassification review request.
(iii) Payment of fees shall be made by check or money order to the
Treasurer of the United States. Fees charged by Treasury for mandatory
declassification review are separate and distinct from any other fees
that may be imposed by a Presidential Library, the National Archives
and Records Administration, or another Federal department or agency.
Sec. 2.2 Access to classified information by historical researchers
and former Treasury Presidential and Vice Presidential appointees,
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:
(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 Sec. 2.1(b)(8) shall apply.
Dated: October 30, 2007.
Wade C. Straw,
Director, Office of Security Programs.
[FR Doc. E7-21951 Filed 11-7-07; 8:45 am]
BILLING CODE 4811-42-P
