28 C.F.R. § 17.23

Emergency classification requests

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(a) Whenever any employee, contractor, licensee, certificate holder, or grantee of the Department who does not have original classification authority originates or develops information that requires immediate classification and safeguarding, and no authorized classifier is available, that person shall:

(1) Safeguard the information in a manner appropriate for its classification level;

(2) Apply the appropriate overall classification markings; and

(3) Within five working days, securely transmit the information to the organization that has appropriate subject matter interest and classification authority.

(b) When it is not clear which Department organization would be the appropriate original classifier, the information shall be sent to the Department Security Officer to determine the appropriate organization.

Notes of Decisions

Cited in 1 case, 1978–1978 · leading case: Varona Pacheco v. Fed. Bur. of Investigation, 456 F. Supp. 1024 (D.P.R. 1978).

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Varona Pacheco v. Fed. Bur. of Investigation, 456 F. Supp. 1024 (D.P.R. 1978). “Dean states his authorization to classify FBI documents pursuant to Executive Order (EO) 11652, Section 2(A)(3) and 2(C) and 28 C.F.R. 17.23, et seq. He further alleges to have made a personal and independent examination of all the documents requested by plaintiff and to have…”

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