[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: 32CFR2001.14]

[Page 471]
 
                        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 A_Classification
 
Sec. 2001.14  Classification challenges [1.8].

    (a) Challenging classification. Authorized holders wishing to 
challenge the classification status of information shall present such 
challenges to an original classification authority with jurisdiction 
over the information. An authorized holder is any individual, including 
an individual external to the agency, who has been granted access to 
specific classified information in accordance with the provisions of the 
Order to include the special conditions set forth in section 4.1(h) of 
the Order. A formal challenge under this provision must be in writing, 
but need not be any more specific than to question why information is or 
is not classified, or is classified at a certain level.
    (b) Agency procedures. (1) Because the Order encourages authorized 
holders to challenge classification as a means for promoting proper and 
thoughtful classification actions, agencies shall ensure that no 
retribution is taken against any authorized holders bringing such a 
challenge in good faith.
    (2) Agencies shall establish a system for processing, tracking and 
recording formal classification challenges made by authorized holders. 
Agencies shall consider classification challenges separately from 
Freedom of Information Act or other access requests, and shall not 
process such challenges in turn with pending access requests.
    (3) The agency shall provide an initial written response to a 
challenge within 60 days. If the agency is unable to respond to the 
challenge within 60 days, the agency must acknowledge the challenge in 
writing, and provide a date by which the agency will respond. The 
acknowledgment must include a statement that if no agency response is 
received within 120 days, the challenger has the right to forward the 
challenge to the Interagency Security Classification Appeals Panel 
(ISCAP) for a decision. The challenger may also forward the challenge to 
the ISCAP if an agency has not responded to an internal appeal within 90 
days of the agency's receipt of the appeal. Agency responses to those 
challenges it denies shall include the challenger's appeal rights to the 
ISCAP.
    (4) Whenever an agency receives a classification challenge to 
information that has been the subject of a challenge within the past two 
years, or that is the subject of pending litigation, the agency is not 
required to process the challenge beyond informing the challenger of 
this fact and of the challenger's appeal rights, if any.
    (c) Additional considerations. (1) Challengers and agencies shall 
attempt to keep all challenges, appeals and responses unclassified. 
However, classified information contained in a challenge, an agency 
response, or an appeal shall be handled and protected in accordance with 
the Order and its implementing directives. Information being challenged 
for classification shall remain classified unless and until a final 
decision is made to declassify it.
    (2) The classification challenge provision is not intended to 
prevent an authorized holder from informally questioning the 
classification status of particular information. Such informal inquiries 
should be encouraged as a means of holding down the number of formal 
challenges.