Scheme Nickname:
Review of declassification appeals by ISCAP
The Interagency Security Classification Appeals Panel (ISCAP) provides the public and with a forum for further review of classification determinations. The ISCAP member body consists of senior level representatives appointed by the Department of State, the Department of Defense, the Department of Justice, NARA, the Office of the Director of National Intelligence, and the National Security Advisor (the Director of the Central Intelligence Agency (CIA) may appoint a temporary representative to participate as a voting member in all ISCAP deliberations regarding classified information originated by the CIA).
Adjudication Levels:
| Level | Name of Office | Are administrative appeals permitted from final decisions at this stage? |
|---|---|---|
Hearing Level | Yes (Some Types of Cases) | |
Appeal Level 1 | No |
Comments/Notes on Adjudication Structure:
In both classification challenges and mandatory declassification review requests, an individual first files an administrative appeal with the agency, and after that, may appeal to ISCAP through the Executive Secretary. The Executive Secretary determines whether the appeal is valid for ISCAP consideration. If it is, the Executive Secretary submits the appeal to ISCAP, which then deliberates on the appeal. ISCAP may vote to affirm the agency's decision, reverse the agency's decision in whole or in part, or remand the matter to the agency for further consideration. A decision to reverse an agency's decision requires the affirmative vote of at least a majority of the members present. Agencies that disagree with ISCAP's decision may appeal to the President of the United States.
Types of Adjudication:
Type B
Verified by Agency:
Not verified
Is this a Major Adjudication:
Yes
