Comments/Notes on Adjudication Structure:
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 Departments of State, Defense, and Justice, NARA, ODNI, and NSA (the Director of the CIA may appoint a temporary representative to participate as a voting member in all ISCAP deliberations regarding classified information originated by the CIA).
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.
