[Code of Federal Regulations]
[Title 6, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 6CFR7.23]

[Page 38]
 
                       TITLE 6--HOMELAND SECURITY
 
   CHAPTER I--DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY
 
PART 7_CLASSIFIED NATIONAL SECURITY INFORMATION--Table of Contents
 
                    Subpart B_Classified Information
 
Sec.  7.23  Emergency release of classified information.

    (a) The Secretary of Homeland Security has delegated to certain DHS 
employees the authority to disclose classified information to an 
individual or individuals not otherwise routinely eligible for access in 
emergency situations when there is an imminent threat to life or in 
defense of the homeland.
    (b) In exercising this authority, the delegees shall adhere to the 
following conditions:
    (1) Limit the amount of classified information disclosed to a 
minimum to achieve the intended purpose;
    (2) Limit the number of individuals who receive it to only those 
persons with a specific need-to-know;
    (3) Transmit the classified information through approved 
communication channels by the most secure and expeditious method 
possible, or by other means deemed necessary in exigent circumstances;
    (4) Provide instructions about what specific information is 
classified and 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 as determined by 
the delegated official;
    (5) Provide appropriate briefings to the recipients on their 
responsibilities not to disclose the information and obtain from the 
recipients a signed DHS Emergency Release of Classified Information Non-
disclosure Form. In emergency situations requiring immediate verbal 
release of information, the signed nondisclosure agreement memorializing 
the briefing may be received after the emergency abates;
    (6) Within 72 hours of the disclosure of classified information, or 
the earliest opportunity that the emergency permits, but no later than 7 
days after the release, the disclosing authority must notify the DHS 
Chief Security Officer and the originating agency of the information 
disclosed. A copy of the signed nondisclosure agreements should be 
forwarded with the notification under this paragraph (b)(6), or as soon 
thereafter as practical.
    (7) Release of information pursuant to this authority does not 
constitute declassification of the information.
    (8) Authority to disclose classified information may not be further 
delegated.