[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR2001.51]

[Page 489]
 
                        TITLE 32-NATIONAL DEFENSE
 
CHAPTER XX--INFORMATION SECURITY OVERSIGHT OFFICE, NATIONAL ARCHIVES AND 
                         RECORDS ADMINISTRATION
 
PART 2001_CLASSIFIED NATIONAL SECURITY INFORMATION--Table of Contents
 
                         Subpart D_Safeguarding
 
Sec. 2001.51  Emergency authority [4.2].

    (a) Agency heads or any designee may prescribe special provisions 
for the dissemination, transmission, safeguarding and destruction of 
classified information during certain emergency situations.
    (b) In emergency situations, in which there is an imminent threat to 
life or in defense of the homeland, agency heads or designees may 
authorize the disclosure of classified information to an individual or 
individuals who are otherwise not routinely eligible for access under 
the following conditions:
    (1) Limit the amount of classified information disclosed to the 
absolute minimum to achieve the purpose;
    (2) Limit the number of individuals who receive it;
    (3) Transmit the classified information via approved Federal 
Government channels by the most secure and expeditious method to include 
those required in subpart C of this directive, or other means deemed 
necessary when time is of the essence;
    (4) Provide instructions about what specific information is 
classified, how it should be safeguarded; physical custody of classified 
information must remain with an authorized Federal Government entity, in 
all but the most extraordinary circumstances;
    (5) Provide appropriate briefings to the recipients on their 
responsibilities not to disclose the information and obtain a signed 
nondisclosure agreement;
    (6) Within 72 hours of the disclosure of classified information, or 
the earliest opportunity that the emergency permits, but no later than 
30 days after the release, the disclosing authority must notify the 
originating agency of the information by providing the following 
information:
    (i) A description of the disclosed information;
    (ii) To whom the information was disclosed;
    (iii) How the information was disclosed and transmitted;
    (iv) Reason for the emergency release;
    (v) How the information is being safeguarded; and
    (vi) A description of the briefings provided and a copy of the 
nondisclosure agreements signed.