Interagency Security Classification Appeals Panel

The Interagency Security Classification Appeals Panel (ISCAP) was created under Executive Order 12958 "Classified National Security Information", when it was signed on April 17, 1995. The ISCAP held its first meeting in May of 1996 and has met regularly since that time.

Goals

The Interagency Security Classification Appeals Panel (ISCAP) provides the public and users of the classification system with a forum for further review of classification decisions. The protection of the national security requires that some of the work of the U.S. Government be done outside the purview of its citizenry. In order to ensure an informed public while simultaneously protecting certain information, checks and balances are needed over the classification system.

Members and Staff

The ISCAP is a six member body consisting of senior level representatives appointed by the Departments of State, Defense, and Justice, the Central Intelligence Agency, the National Archives, and the Assistant to the President for National Security Affairs. Each representative appoints a working level liaison to the ISCAP. The President appoints the ISCAP's Chair from among its members. The Director of ISOO serves as its Executive Secretary, and ISOO staff provides program and administrative support for the panel.

Functions

[http://www.archives.gov/isoo/policy-documents/eo-12958-amendment.html#5.3 Section 5.3 of Executive Order 12958] , as amended, directs the ISCAP to perform "three critical functions":

*"Classification Challenges": deciding on appeals by authorized persons who have filed classification challenges under [http://www.archives.gov/isoo/policy-documents/eo-12958-amendment.html#1.8 Section 1.8 of Executive Order 12958] , as amended;
*"Exemptions from Automatic Declassification:" approving, denying or amending agency exemptions from automatic declassification, as provided in [http://www.archives.gov/isoo/policy-documents/eo-12958-amendment.html#3.3 Section 3.3 of Executive Order 12958] , as amended; and
*"Mandatory Declassification Review Appeals:" deciding on mandatory declassification review appeals by parties whose requests for declassification under [http://www.archives.gov/isoo/policy-documents/eo-12958-amendment.html#3.5 Section 3.5 of Executive Order 12958] , as amended, have been denied at the agency level.

Bylaws

The ISCAP [http://devwww_archives.nara.gov/isoo/policy-documents/eo-12958-implementing-dir-appendix-a.pdf bylaws] describe the procedures to be followed by individuals or organizations who wish to bring matters before the ISCAP, and the procedures that the ISCAP will follow to resolve these matters. The ISCAP first published its bylaws on March 15, 1996 (61 FR 10854).

The ISCAP has revised its bylaws to reflect the March 25, 2003, amendment of E.O. 12958. While intelligence sources and methods information remain subject to the jurisdiction of the ISCAP, section 5.3(f) of the amended Order recognizes the special authority and responsibility of the Director of Central Intelligence (this authority likely shifted to the newly created position of Director of National Intelligence) to protect such information.

References