[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: 6CFR7.30]

[Page 40-41]
 
                       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.  7.30  Classification challenges.

    (a) Authorized holders of information classified by DHS who, in good 
faith, believe that specific information is improperly or unnecessarily 
classified are encouraged and expected to challenge the classification 
status of that information pursuant to section 1.8 of Executive Order 
12958, as amended. Authorized holders may submit classification 
challenges in writing to the original classification authority with 
jurisdiction over the information in question. If an original 
classification authority cannot be determined, the challenge shall be 
submitted to the Chief Security Officer. The challenge need not be more 
specific than a question as to why the information is or is not 
classified, or is classified at a certain level.

[[Page 41]]

    (b) If anonymity of the challenger is requested, the challenger may 
submit the challenge to the Office of Security. The Office of Security 
will act as an agent for the challenger and the identity of the 
challenger will be redacted.
    (c) The original classification authority shall promptly, and in no 
case later than 60 days, provide a written response to the submitter. 
The original classification authority may classify or declassify the 
information subject to the challenge and, if applicable, state specific 
reasons why the original classification determination was proper. If the 
original classification authority is not able to respond within 60 days, 
he or she shall inform the individual who filed the challenge in writing 
of that fact, and the anticipated determination date.
    (d) The individual challenging the classification will be notified 
of the determination made by the original classification authority and 
that the individual may appeal this determination to the Chief Security 
Officer. Upon receipt of such appeals, the Chief Security Officer shall 
convene a DHS Classification Appeals Panel (DHS/CAP). The DHS/CAP shall, 
at a minimum, consist of representatives from the Office of Security, 
the Office of General Counsel, and a representative from the component 
having jurisdiction over the information. Additional members may be 
added as determined by the DHS Chief Security Officer. The DHS/CAP shall 
be chaired by the Chief Security Officer.
    (e) If the requester files an appeal through the DHS/CAP, and the 
appeal is denied, the requester shall be notified of the right to appeal 
the denial to the Interagency Security Classification Appeals Panel 
(ISCAP) pursuant to section 5.3 of Executive Order 12958, as amended, 
and the rules issued by the ISCAP pursuant to section 5.3 of Executive 
Order 12958, as amended.
    (f) Any individual who challenges a classification and believes that 
any action has been taken against him or her in retaliation or 
retribution because of that challenge shall report the facts to the 
Office of the Inspector General or other appropriate office.
    (g) Nothing in this section shall prohibit a person from informally 
challenging the classified status of information directly to the 
original classification authority.
    (h) Requests for review of classified material for declassification 
by persons other than authorized holders are governed by 6 CFR 7.31.