The Interagency Security Classification Appeals Panel, or "ISCAP", provides the public and users of the classification system with a forum for further review of classification decisions. ISCAP states in order to foster a well-informed public while simultaneously protecting national security interests, checks and balances are needed over the classification system. This requires that some of the work of the U.S. Government be done outside the purview of its citizenry. The ISCAP was created under Executive Order 12958, "Classified National Security Information," when it was signed on April 17, 1995 and held its first meeting in May 1996. Today the ISCAP receives its guidelines from Executive Order 13526 of December 29, 2009, which superseded Executive Order 12958 and its amendments in full on June 25, 2010.

Functions

Section 5.3 of E.O. 13526 directs the ISCAP to perform four critical functions: Additionally, the ISCAP has another function under section 3.3(c)(1) of E.O. 13526.

Membership

The ISCAP member body consists of senior level representatives appointed by the Departments of State, Defense, and Justice, the National Archives, the Office of the Director of National Intelligence, and the National Security Advisor. Each shall be represented by a senior-level representative who is a full-time or permanent part-time Federal officer or employee designated to serve as a member of the Panel by the respective agency head. The President shall designate a Chair from among the members of the Panel. The Director of ISOO serves as its Executive Secretary, and ISOO staff provides program and administrative support for the panel. The Director of the Central Intelligence Agency may appoint a temporary representative to participate as a voting member in all Panel deliberations and associated support activities concerning classified information originated by the Central Intelligence Agency.

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

Section 5.3 of Executive Order 12958, as amended, directs the ISCAP to perform three critical functions:

Bylaws

The ISCAP 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.

ISCAP Bylaws

Article I. Purpose

The purpose of the Interagency Security Classification Appeals Panel (ISCAP) and these bylaws is to fulfill the functions assigned to the ISCAP by Executive Order 12958, "Classified National Security Information," as amended.

Article II. Authority

Executive Order 12958, "Classified National Security Information," as amended (hereafter the "Order"), and its implementing directives.

Article III. Membership

Article IV. Meetings

Article V. Voting

Article VI. First Function: Appeals of Agency Decisions Regarding Classification Challenges

In accordance with section 5.3(b) of the Order, the ISCAP shall decide on appeals by authorized persons who have filed classification challenges under section 1.8 of the Order. The appeal must contain enough information for the Executive Secretary to be able to obtain all pertinent documents about the classification challenge from the affected agency. No classified information should be included within the initial appeal document. The Executive Secretary will arrange for the transmittal of classified information from the agency after receiving the appeal. If it is impossible for the appellant to file an appeal without including classified information, prior arrangements must be made by contacting the Information Security Oversight Office.

Article VII. Second Function: Review of Agency Exemptions From Automatic Declassification

In accordance with section 5.3(b) of the Order, the ISCAP shall approve, deny or amend agency exemptions from automatic declassification as provided in section 3.3(d) of the Order.

Article VIII. Third Function: Appeals of Agency Decisions Denying Declassification Under Mandatory Review Provisions of the Order

In accordance with section 5.3(b) of the Order, the ISCAP shall decide on appeals by parties whose requests for declassification under section 3.5 of the Order have been denied.

Article IX. Information Owned or Controlled by the Director of Central Intelligence (DCI)

Notwithstanding any conclusion reached by the ISCAP that information owned or controlled by the DCI should be declassified, if the DCI disagrees because he or she has made a determination as set forth in section 5.3(f) of the Order, and he or she so notifies the Panel, the information shall remain classified. The Panel expects notification to normally be made in writing within 60 days of receipt of the Panel’s written notification of such a conclusion. In the event that the DCI requires additional time to provide notification to the Panel, the DCI, his or her deputy, or the DCI’s primary or alternate Panel member, shall notify the Panel, in writing, of the need for additional time, not to exceed an additional 30 days. Following receipt of the DCI's determination, the Panel, by majority vote, or an agency head represented on the Panel, may petition the President, through the Assistant to the President for National Security Affairs, to reverse the DCI's determination. Such petitions must be made within 60 days of receipt of the DCI's determination. If the Panel has not been notified of the DCI’s determination within 60 days (or if additional time is requested as outlined above, within 90 days) of the date that the DCI has been notified of the Panel’s conclusion, the information shall be declassified, pending resolution of any appeals filed pursuant to section I of Article VIII of these bylaws.

Article X. Additional Functions

In its consideration of the matters before it, the ISCAP shall perform such additional advisory functions as are consistent with and supportive of the successful implementation of the Order.

Article XI. Support Staff

As provided in section 5.3(a) of the Order, the Director of the Information Security Oversight Office will serve as Executive Secretary to the ISCAP, and the staff of the Information Security Oversight Office will provide program and administrative support for the ISCAP. The Executive Secretary will supervise the staff in this function pursuant to the direction of the Chair and ISCAP. On an as needed basis, the ISCAP may seek detailees from its member agencies to augment the staff of the Information Security Oversight Office in support of the ISCAP.

Article XII. Records

Article XIII. Annual Reports to the President

The ISCAP has been established for the sole purpose of advising and assisting the President in the discharge of his constitutional and discretionary authority to protect the national security of the United States (section 5.3(e) of the Order). As provided in section 5.3(a) of the Order, pertinent information and data about the activities of the ISCAP shall be included in the Reports to the President issued by the Information Security Oversight Office. The Chair, in coordination with the other members of the ISCAP and the Executive Secretary, shall determine what information and data to include in each Report.

Article XIV. Approval, Amendment, and Publication of Bylaws

The approval and amendment of these bylaws shall require the affirmative vote of at least four of the ISCAP's members. In accordance with the Order, the Executive Secretary shall submit the approved bylaws and their amendments for publication in the Federal Register. -->

Statistical Information

For statistical information please verify the ISOO Annual Reports section on ISCAP.