[Code of Federal Regulations]

[Title 32, Volume 6]

[Revised as of July 1, 2006]

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.