TREASURY ORDER 107-05
DATE: March 02, 1995
REAFFIRMED: December 2, 1999
SUNSET REVIEW: December 02, 2004
SUBJECT: Communications with the White House Regarding Open Investigations, Adjudications or Civil and Criminal Enforcement Actions
By virtue of my authority as Secretary of the Treasury, including the authority contained in 31 U.S.C. 321(b) and 5 U.S.C. 301 and 302, I hereby issue the following procedures for communications between the Department of the Treasury and the White House regarding open Department investigations, adjudications or civil or criminal enforcement actions.
1. GENERAL PROCEDURES.
b. Referral Procedures. The below listed procedures are established to ensure the flow of appropriate information between the Department and the White House. Central to these procedures is the need for consultation with Department senior policy officials1, including the General Counsel. The General Counsel is authorized to issue more detailed guidance should he or she determine it to be necessary.
1Department senior policy officials shall include those Treasury officials at the Assistant Secretary level and above as set forth in Treasury Order 10145 and the organization chart attached thereto.
(3) General Counsel Review and Final Determination. The General Counsel shall provide the Department senior policy official with his or her recommendation concerning the advisability of disclosing the information to the White House. The General Counsel is authorized to preclude transmittal of the information on legal or ethical grounds. If the General Counsel believes that disclosure should not be made based on other than legal or ethical grounds, the General Counsel shall inform the appropriate senior policy official of this recommendation.
(4) Other Final Determinations. Unless precluded on legal or ethical grounds by the General Counsel, the Department senior policy official referred to in paragraph l.b.(l) or l.b.(2) shall make the final determination on whether the information should be communicated to the White House. If the Department senior policy official determines that such information should be communicated to the White House, he or she shall request the General Counsel to make the initial communication.
(2) Continuing Contact. After the initial contact, further contact on a matter deemed appropriate for communications pursuant to this Order shall be directed to the White House Counsel's Office by the General Counsel, the Deputy General Counsel or the appropriate senior policy official designated by the General Counsel or any other lawyer in the Office of the General Counsel, as designated by the General Counsel.
(2) General Counsel. The General Counsel shall also issue in writing his or her legal or ethical recommendation to the appropriate Department senior policy official in response to such request for communication with the White House.
(3) Emergency Situations. If an emergency situation is present, the memoranda requested by paragraph l.d. may be prepared as soon as practicable thereafter.
(2) whether disclosure of the information would promote or reduce the public confidence and trust in the integrity of elected officials and public servants or the Department's regulatory and law enforcement activities;
(3) whether there exists an immediate threat of harm or injury to White House persons or property which disclosure will help to avoid;
(4) whether the matter involves any sensitive or urgent national security or foreign policy concern that should be brought to the White House's attention;
(5) whether disclosure of the information would interfere or assist with the Department's law enforcement and regulatory mission or an ongoing law enforcement or regulatory activity; and
(6) whether non-disclosure could cause the White House to convey inaccurate or misleading information to the public.
c. Procedures. Subject to the procedures specified in paragraph 2., the procedures described in paragraph 1. herein shall apply to the communications described in paragraph 2.
In addition, the procedures set forth in this Order do not apply to the following circumstances.
b. Communications between the Secret Service and the White House concerning the Service's protective responsibilities.
c. Communications between a Treasury Bureau and the National Security Council concerning open investigations or cases, if such disclosure is necessary for the conduct, determination or coordination of national security or foreign policy issues.
d. Communications between the Department and the White House appropriate to properly respond to inquiries or requests for information or documents in the form of (I) civil and criminal discovery requests; (ii) subpoenas, including but not limited to, grand jury and congressional; (iii) other congressional requests for documents and information; and (iv) any other requests for information and documents authorized by law; provided that the exception created by paragraph 3.d. shall not apply to requests for information pertaining to those officials and individuals identified in paragraph 2. who are the subject, target or witness in an open investigation, adjudication or enforcement action.
e. Communications between the Department and the White House appropriate to formulate an Administration position with respect to judicial review or settlement of pending litigation.
f. Tax, security and background checks on prospective Federal employees and appointees, including Executive and Judicial Branch appointments under consideration by the President or the Department.
g. Communications between the Inspector General or his or her authorized officials and the White House in furtherance of the duties and responsibilities of the Inspector General undertaken pursuant to the Inspector General Act of 1978, 5 U.S.C.A. App. 3.
Secretary of the Treasury