Browse Media Law Resources Guides Federal FOIA Appeals Guide Exemption 1 IV. Mandatory Declassification Review: An Alternative to FOIAC. Appealing an MDR Decision
You may appeal an agency’s unfavorable decision under MDR by arguing that the information does not meet the classification criteria in EO 13526.140
You may first appeal to the agency within 60 days of receiving a denial.141 If the agency fails to respond to an appeal within 90 days of its receipt, or if you wish to appeal the decision reached on administrative appeal, you may then appeal to the Interagency Security Classification Appeals Panel.142
The panel only may hear actions where requesters have exhausted their administrative remedies within the agency, “there is no current action pending on the issue within the Federal courts”; and “the information has not been the subject of review by the Federal courts or the Panel within the past 2 years.”143 Agency heads may appeal a Panel decision to the President — through the National Security Advisor — and maintain the classification of the information pending a decision.144
140 Exec. Order No. 13526 § 3.5(c).
141 32 C.F.R. § 2001.33(a)(2)(iii).
142 Id. at § 2001.14(b)(3).
143 Exec. Order No. 13526 § 5.3(c).
144 Id. at § 5.3(f).
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