28 CFR § 17.21 - Classification and declassification authority.

---
identifier: "/us/cfr/t28/s17.21"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "28 CFR § 17.21 - Classification and declassification authority."
title_number: 28
title_name: "Judicial Administration"
section_number: "17.21"
section_name: "Classification and declassification authority."
chapter_name: "DEPARTMENT OF JUSTICE"
part_number: "17"
part_name: "CLASSIFIED NATIONAL SECURITY INFORMATION AND ACCESS TO CLASSIFIED INFORMATION"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "28 U.S.C. 501, 509, 510, 515-519; 5 U.S.C. 301; E.O. 12958, 60 FR 19825, 3 CFR, 1995 Comp., p. 333; E.O. 12968, 60 FR 40245, 3 CFR, 1995 Comp., p. 391; 32 CFR part 2001."
regulatory_source: "Order No. 2091-97, 62 FR 36984, July 10, 1997, unless otherwise noted."
cfr_part: "17"
---


# 17.21 Classification and declassification authority.

(a) Top Secret original classification authority may only be exercised by the Attorney General, the Assistant Attorney General for Administration, and officials to whom such authority is delegated in writing by the Attorney General. No official who is delegated Top Secret classification authority pursuant to this paragraph may redelegate such authority.

(b) The Assistant Attorney General for Administration may delegate original Secret and Confidential classification authority to subordinate officials determined to have frequent need to exercise such authority. No official who is delegated original classification authority pursuant to this paragraph may redelegate such authority.

(c) Officials authorized to classify information at a specified level are also authorized to classify information at a lower level. In the absence of an official authorized to exercise classification authority pursuant to this section, the person designated to act in lieu of such official may exercise the official's classification authority.